The process involves a neutral panel from the Resolution Canada roster of adjudicators who considers the arguments of the parties and renders a decision. The decision of the adjudicator/panelist is final and binding as far as CIRA is concerned, but does of course not preclude a subsequent appeal to the courts.
Under the CIRA rules a three person panel is mandatory if a complaint is contested, but in a case where no response is filed, the complainant has the option of using a one person panel, with a resultant reduction in cost. The CIRA process allows each party to nominate up to five panelists from the roster, and where there is agreement one or more of these panelists will be used, while any panelist chosen by only one of the parties is excluded. The process is much less formal than a court proceeding and the rules of evidence can be more flexible than in a court process.
The goals for the Resolution Canada DR system are:
- § reduction of costs and time expended in resolving domain name disputes
- § production of a reasoned decision on a timely basis
- § avoidance of protracted disputes by providing a final decision not subject to appeal
This takes place within a framework designed to produce a speedy resolution of the dispute regardless of the physical location of the parties.
The adjudicators/panelists are neutral and have no vested interest in the outcome of the process. They have experience in adjudication, arbitration, intellectual property or administrative law. Because we are focused on providing a quality service, Resolution Canada invites feedback from participating parties on both the process and the individual adjudicator.
How much will it cost?
You pay a reasonable dispute resolution fee which is much lower than lawyers’ fees and court costs. To see the fee schedule, click here.
How do I file an application?
You can file an application by going to the “File Complaint” link on the home page or by clicking here.
How do I respond to an application?
You can respond to an application by going to the “File Complaint” link on the home page or by clicking here.
Who can use dispute resolution (DR)?
Any individual or corporation claiming ownership of a .ca domain name may use Resolution Canada services.
What types of disputes does Resolution Canada handle?
Resolution Canada restricts its activity to resolving disputes involving .ca domain name registrations on the CIRA Registry.
Why is dispute resolution a sensible choice?
Resolution Canada dispute resolution service (DR) process is an efficient and cost effective method of resolving disputes over domain name registrations. Unlike complicated court applications which require personal appearances and legal representation, DR allows people who may be located in different jurisdictions to resolve a dispute online. DR represents a simple and inexpensive alternative to the traditional lengthy and expensive legal process. The adjudicator is a knowledgeable person who has the capability of producing a clear, concise and cogent decision in a timely manner.
In selecting panelists, Resolution Canada attempts to select persons who are familiar with the internet, including domain name registrations, and who are trained adjudicators or have practiced or taught intellectual property law or administrative law.
How long does online resolution take?
Once all materials are filed by both parties, disputes are typically resolved in about 3 weeks. In unusual cases, the length of the process may be slightly longer.
Is Resolution Canada an authorized DR provider?
Resolution Canada is a completely independent, unbiased third party which is licensed by CIRA to conduct online dispute resolutions.
Resolution Canada provides impartial processes and systems to provide a fair and reasoned decision. Our adjudicators and adjudicators are also independent and their actions and decisions reflect their professional judgment and fundamental fairness. Neither Resolution Canada™ nor our roster of adjudicators have a vested interest in any particular decision.
CIRA provides a comprehensive explanation of their dispute resolution policies and procedures. To access the CIRA dispute resolution information, visit http://www.cira.ca/legal/cdrp/