Common use of SUBSTANTIVE ISSUES Clause in Contracts

SUBSTANTIVE ISSUES. 4.1 The issues submitted for determination are in accordance with the provisions of the parties’ (check one): o o o Separation Agreement dated Court Order dated Arbitration Award dated , 2000-▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Toronto, Ontario M5G 1E6 T 416.593.0210 F 416.593.1352 ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ P a g e | 2 Last Update: 09/2020 as attached to this agreement. For further particularity, the relevant paragraphs of the Separation Agreement, Court Order or Arbitration Award are:      5.1 The proceedings under this Agreement and the record thereof shall be private and confidential, except as may be necessary to implement or to enforce the Arbitrator's award, and subject to their being produced in proceedings for judicial review, or appeal, or as required by law. The parties, their counsel and 5.2 In the case of mediation-arbitration, the parties consent to meeting privately with each of them prior to the mediation for the purpose of conducting screening/intake meetings, notwithstanding that she may later act as their arbitrator. The parties specifically waive any claim that such intake/screening meetings violate their rights of fairness, equity or due process under the Arbitration Act. 5.3 The parties agree that the screening process, and the notes created by the person who conducted the screening (either or by a third-party screener), (“the screening notes”) shall remain confidential between each party and the person who conducted the screening, except required by law. The screening notes shall not be disclosed to anyone for any purpose without a court order. The parties may each, at their option, authorize their respective lawyers to speak with the person who conducted the screening. 5.4 If the parties are to be screened by a third party screener, they shall sign the ▇▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇ T 416.593.0210 F 416.593.1352 ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ P a g e | 3 Last Update: 09/2020 Consent to Third Party Screening attached to this Agreement and shall each meet separately and confidentially with a Third Party Screener designated by 5.5 Notwithstanding 5.1 above, the parties agree that ’s notes, including her notes from any screening process, and file prepared before, during and after the Arbitration hearing remain the personal property of the arbitrator, whether or not they may be considered to be part of the “record” of the arbitration. Neither party shall request the arbitrator to produce her notes or file, whether or not there is a court reporter present at the hearing. 5.6 The parties acknowledge and agree that ’s legal obligations to disclose may include: (a) Filing a report about the award with the Attorney General in accordance with the Regulation under the Arbitration Act, 1991; (b) Reporting a child in need of protection in accordance with section 72 of the Child and Family Services Act; (c) Where she believes upon reasonable grounds that there is an imminent risk to an identifiable person or group of death or serious bodily or psychological harm, disclosing such confidential information that is required in the circumstances to prevent such death or harm.

SUBSTANTIVE ISSUES. 4.1 The issues submitted for determination are in accordance with the provisions of the parties’ (check one): o o o Separation Agreement dated o Court Order dated o Arbitration Award dated , 2000-▇▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Toronto▇▇▇▇▇▇▇, Ontario M5G 1E6 ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇ T 416.593.0210 F 416.593.1352 ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ P a g e | 2 Last Update: 09/2020 as attached to this agreement. For further particularity, the relevant paragraphs of the Separation Agreement, Court Order or Arbitration Award are:      5.1 The proceedings under this Agreement and the record thereof shall be private and confidential, except as may be necessary to implement or to enforce the Arbitrator's award, and subject to their being produced in proceedings for judicial review, or appeal, or as required by law. The parties, their counsel and 5.2 In the case of mediation-arbitration, the parties consent to meeting privately with each of them prior to the mediation for the purpose of conducting screening/intake meetings, notwithstanding that she may later act as their arbitrator. The parties specifically waive any claim that such intake/screening meetings violate their rights of fairness, equity or due process under the Arbitration Act. 5.3 The parties agree that the screening process, and the notes created by the person who conducted the screening (either or by a third-party screener), (“the screening notes”) shall remain confidential between each party and the person who conducted the screening, except required by law. The screening notes shall not be disclosed to anyone for any purpose without a court order. The parties may each, at their option, authorize their respective lawyers to speak with the person who conducted the screening. 5.4 If the parties are to be screened by a third party screener, they shall sign the ▇▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇ T 416.593.0210 F 416.593.1352 ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ P a g e | 3 Last Update: 09/2020 Consent to Third Party Screening attached to this Agreement and shall each meet separately and confidentially with a Third Party Screener designated by 5.5 Notwithstanding 5.1 above, the parties agree that ’s notes, including her notes from any screening process, and file prepared before, during and after the Arbitration hearing remain the personal property of the arbitrator, whether or not they may be considered to be part of the “record” of the arbitration. Neither party shall request the arbitrator to produce her notes or file, whether or not there is a court reporter present at the hearing. 5.6 The parties acknowledge and agree that ’s legal obligations to disclose may include: (a) Filing a report about the award with the Attorney General in accordance with the Regulation under the Arbitration Act, 1991; (b) Reporting a child in need of protection in accordance with section 72 of the Child and Family Services Act; (c) Where she believes upon reasonable grounds that there is an imminent risk to an identifiable person or group of death or serious bodily or psychological harm, disclosing such confidential information that is required in the circumstances to prevent such death or harm.