Arbitration Place Roster

Education

1960 - Carleton University, Ottawa, Ontario - Hons. B.A. (Political Science)

1961 - University of Toronto,
M.A. (Political Science)
Canada Council Fellowship

1961-1962 - London School of Economics and Political Science - post graduate study in Political Science Institute of Citizenship Scholarship

1965 - University of Toronto, LL.B.

2002 - Law Society of Upper Canada, Honorary LL.D.

Professional Qualifications

• 1967 – Call to the Bar, Province of Ontario
• 1978 – Appointed King's Counsel

Professional Employment

• 1967–1972 – Associate and Partner in the law firm of Kimber, Dubin in Toronto, Ontario
• 1972–2002 – Associate and Partner at Torys - formerly Tory Tory DesLauriers & Binnington, Toronto, Ontario
• 2002–2013 – Justice of the Court of Appeal for Ontario

Nature of Legal Practice

• General civil litigation - including corporate/commercial law, public law, defamation, professional negligence and other tort cases
• Appeared as counsel at every level of court in the Province of Ontario
• Appeared as counsel in the Federal Court and Federal Court of Appeal of Canada
• Appeared as counsel in the Supreme Court of Canada
• Appeared as counsel before Royal Commissions
• Associate Counsel to Morand Inquiry into Metropolitan Toronto Police Practices (Ontario) 1974-1976
• Commission Counsel to Grange Inquiry into Mississauga Train Derailment (Canada) 1979-1980
• Commission Counsel to Dubin Inquiry into Drugs and Banned Practices in Sport (Canada) 1988-1990
• Appeared as counsel before arbitrators and a broad range of administrative tribunals
• Counsel to The College of Physicians and Surgeons for Ontario in discipline cases 1979-2000
• Criminal law - related to the role of crown attorneys and other specialized areas

THE LAW SOCIETY OF UPPER CANADA

• Bencher, 1995 - 2002
• Treasurer, 1999 - 2001 (this position is equivalent to Chair of the Board)
• Chair, Ontario Legal Aid Committee, 1997-1999
• Chair, Competence Task Force, 1998-1999
• Co-Chair, Working Group on Multi-Disciplinary Partnerships, 1996-1999

OTHER PROFESSIONAL ASSOCIATIONS & ACTIVITIES:

• Member and Director of the Advocates’ Society, 1993-1996
• Member of Canadian Bar Association
• Fellow of American College of Trial Lawyers
• Chair, Ontario Provincial Committee, American College of Trial Lawyers, 1989-1990
• Chair, Canada/U.S. Committee, American College of Trial Lawyers, 1993-1995
• Member of the Board of Regents, American College of Trial Lawyers – just prior to his appointment to the Court of Appeal
• Participant in Canada/U.S. Legal Exchange, American College of Trial Lawyers, August/September, 1993 (the exchange consisted of seven Canadian lawyers, seven Canadian judges and a similar number of U.S. lawyers and judges)
• Fellow of The International Society of Barristers
• Member of Toronto Region Bench & Bar Committee for Ontario Court of Justice (General Division), 1990-1999
• President, University of Toronto Faculty of Law Alumni Association, 1991-1994
• Former Member of the University of Toronto Academic Tribunal
• Former Member of Advisory Board of Pro Bono Students Canada, University of Toronto
• Former member of the Board, Pro Bono Law Ontario
• Director of Ontario Bar Assistance Program, 1998-1999
• Chair and President, Canadian Institute for Advanced Legal Studies
• A Trustee of The Honourable Charles L. Dubin Lecture on Advocacy
• Member of the Board of Directors of the Osgoode Society for Legal History, 2001 to the present
• Former Chair of Metro Toronto Advisory Committee to the Minister of Justice of Canada on Judicial Appointments
• Member of the Civil Rules Committee, 2006-2012
• Distinguished visiting jurist, University of Toronto Faculty of Law, academic year, 2013-2014

CONTINUING LEGAL EDUCATION:

Speaker and panellist at various programmes of the Law Society of Upper Canada, the Advocates’ Society, the Canadian Bar Association, the American Bar Association, the Australian Bar Association, the International Association of Jewish Lawyers and Jurists, the Canadian Institute for Advanced Legal Studies , Cambridge, England and a number of Canadian law schools

OTHER ACTIVITIES:

• Chair of the Board of Governors of Royal St. George’s College, Toronto 1990-1991
• Member of the Board of Human Development and Children’s Foundation - an organization which provides relief to the poor of the slums in urban Thailand 1999-Present

Representative Work (Arbitrator)

Pierre’s experience as an arbitrator includes the following:

In investment arbitration:

ICSID Case No. ARB/15/35 - E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia Holding GmbH v. Kingdom of Spain – Annulment (Committee Member)

ICSID Case No. ARB/22/13 - Aderlyne Limited v. Romania – Arbitration (President)

ICSID Case No. ARB/22/27 - SHT Doba Pipeline Investment Inc., Petronas (E&P) Overseas Ventures Sdn. Bhd and SHT Doba Holding Inc. v. Republic of Cameroon – Arbitration (President)

ICSID Case No. UNCT/22/1 - Coeur Mining, Inc. v. United Mexican States – Arbitration (Co-arbitrator)

ICSID Case No. ARB/14/18 - RENERGY S.à r.l. v. Kingdom of Spain – Annulment (Committee Member)

ICSID Case No. ARB/14/22 - BSG Resources Limited (in administration), BSG Resources (Guinea) Limited and BSG Resources (Guinea) SÀRL v. Republic of Guinea – Annulment (Committee Member)

In commercial arbitration:

UNCITRAL arbitration, seated in The Hague, between an energy producer and a European sovereign state concerning measures alleged to have triggered an obligation to compensate under pre-existing contractual commitments – Applicable law: Laws of a European civil law country. Amount in dispute: EUR 850 million (Co-arbitrator)

ICC arbitration, seated in London, concerning a contractual dispute involving state-owned entities in relation to an oil development project in Africa– Applicable law: English law. Amount in dispute: USD 350 million (President)

SIAC arbitration, seated in Singapore, concerning a contractual dispute relating to a real estate transaction in the Republic of Korea – Applicable law: Korean law. Amount in dispute: USD 150 million (Co-arbitrator)

LCIA arbitration, seated in New York, concerning a contractual dispute in the energy sector– Applicable law: New York law. Amount in dispute: USD 1,5 billion (President)

ICC arbitration, seated in Seoul, Korea, concerning a licensing dispute in the technology sector– Applicable law: California law. Amount in dispute: USD 150 million (Co-arbitrator)

ICC arbitration, seated in Stockholm, concerning various disputes relating to a nuclear power plant project in Europe– Applicable law: Finnish law – Amount in dispute: EUR 1 billion (President)

VanIAC arbitration, seated in Vancouver, concerning a contractual dispute in the real estate industry– Applicable law: British Columbia law. Amount in dispute: unquantified (President)

ICC arbitration, seated in London, concerning the enforcement of a financial guarantee in favor of a sovereign state in relation to an oil exploration project in Africa– Applicable law: English law. Amount in dispute: USD 140 million (President)

ICC arbitration, seated in Paris, concerning breach of contract and tortious claims arising from alleged acts of corruption in the performance of a contract in the Middle East– Applicable law: English law. Amount in dispute: USD 300 million (President)

ICC arbitration, seated in London, concerning a dispute between joint venture partners in the pharma sector– Applicable law: Korean law. Amount in dispute: USD 1 billion (President)

ICC arbitration, seated in Paris, involving an African sovereign state and concerning allegations of fraud in the procurement of an arbitral award– Applicable law: French law. Amount in dispute: USD 750 million (President)

ICDR arbitration, seated in London, concerning the rights to a new generic Top Level Domain Name– Applicable law: ICANN’s By-laws and Articles of Incorporation. Amount in dispute: unquantified (President)

ICC arbitration, seated in Stockholm, concerning multi-faceted disputes arising out of the construction of a nuclear power plant in Finland - Applicable law: Finnish law. Amount in dispute: EUR 2.5 billion (President)

ICC arbitration, seated in Paris, concerning claims for the protection of trade secrets– Applicable law: French law. Amount in dispute: USD 500 million (President)

ICC arbitration, seated in Paris, concerning a contractual dispute in the information technology sector – Applicable law: French law. Amount in dispute: USD 350 million (President)

BCICAC Arbitration, seated in Vancouver, concerning disputes arising under a Shareholders Agreement in relation to a mining project in the Dominican Republic – Applicable law: Dominican law. Amount in dispute: unquantified (President)

ICC arbitration, seated in London, concerning claims arising out of the cancellation of a licensing agreement in the medical sector– Applicable law: Massachusetts law. Amount in dispute: unquantified (President)

LCIA arbitration, seated in London, concerning a claim under a political risk insurance policy– Applicable law: English law. Amount in dispute: unquantified (President)

Ad hoc arbitration, seated in Brussels, concerning the termination of a commercial aviation agency agreement– Applicable law: Mauritian law. Amount in dispute: unquantified (President)

Ad hoc conciliation, seated in Paris, of a dispute arising out of the taxation of windfall profits in the oil industry – Applicable law: Laws of a North-African country. Amount in dispute: unquantified (Party-appointed conciliator)

Representative Work (as Counsel)

As counsel, Pierre represented the following parties before Canadian courts:

IATA and sixteen international carriers in an appeal before the Supreme Court of Canada concerning the validity of the federal Air Passengers Protection Regulations under the Montréal Convention, an international treaty

The successful respondents in an appeal before the Supreme Court of Canada in negligence proceedings against a lawyer and his law firm for recommending a financial advisor who subsequently absconded with the clients’ savings

Hydro-Québec in an appeal before the Supreme Court of Canada by Churchill Falls (Labrador) Corporation (CF(L)Co), seeking to revise the pricing terms of the long-term power supply contract between these parties

Air Canada in an appeal before the Supreme Court of Canada concerning the application of the Montreal Convention, an international treaty, to a claim for damages under the Official Languages Act

The successful party before the Supreme Court of Canada in the Eric v Lola case, the highly publicized challenge to the constitutional validity of the treatment of unmarried spouses under the Civil Code of Québec.

The Attorney General of Canada before the Supreme Court of Canada, in the landmark Reference re Secession of Quebec concerning the legality, under both Canadian constitutional law and public international law, of the secession of the Province of Quebec from Canada

The federally appointed judiciary before the Judicial Salaries and Benefits Commission (2004, 2008, 2012, 2016, 2020, and 2024), as well as before the Supreme Court of Canada in the Bodner case, concerning the standard of review of a decision rejecting a compensation commission salary recommendation, and in the Reference re Code of Civil Procedure (Que.), art. 35, concerning the constitutional validity of the monetary jurisdiction of the Court of Quebec

The Canadian Commercial Arbitration Centre before the Supreme Court of Canada in Éditions Chouette (1987) Inc. v Desputeaux, an appeal concerning the arbitrability of copyright disputes; the London Court of International Arbitration (LCIA) before the Supreme Court of Canada, first in Dell Computer Corp. v Union des consommateurs, dealing with the enforceability of arbitration clauses in consumer contracts, and later in the Yugraneft case, which concerned the legality of local time limitation periods under the New York Convention; and the International Court of Arbitration of the International Chamber of Commerce before the Supreme Court of Canada in the Uber case, which concerned the application of the compétence/ compétence principle to the ICC arbitration clause contained in the licensing agreement entered into by Uber drivers

An intervener in the Carter case, in which the Supreme Court of Canada declared constitutionally invalid the Criminal Code prohibition on physician-assisted death

The Canadian Bar Association, in an appeal to the Supreme Court of Canada relating to the standard to determine whether a lawyer’s in-court behavior constitutes professional misconduct on the basis of incivility

The Advocates Society, in an appeal to the Supreme Court of Canada concerning the constitutional validity of provisions of the Income Tax Act that sought to exclude accounting records from the ambit of the protection afforded by solicitor-client privilege

BCE Inc. in its $1.2 billion claim against the private equity sponsors of the failed leveraged buyout of the company

One of Canada's most respected advocates, the Honourable Ian Binnie served for nearly 14 years as a Justice of the Supreme Court of Canada. When he retired in 2011 he was described by The Globe and Mail as "arguably the country's premier judge" and by La Presse as "peut-être le juge le plus influent au Canada dans la dernière décennie."

During his time on the country's top court (as only the fourth modern Justice appointed directly from the bar) Ian authored more than 170 opinions, including in landmark cases involving corporate and commercial disputes, issues of patent interpretation and validity, protection of trademarks, media law, punitive damages, expert evidence and many aspects of constitutional, criminal and administrative law.

Business Addresses:

Arbitrator
Arbitration Place
Bay Adelaide Centre
900-333 Bay Street
Toronto, Ontario
M5H 2T4
T: (416) 848-0203
F: (416) 850-5316
ian.binnie@arbitrationplace.com
Counsel
Lenczner Slaght Royce Smith Griffin LLP
Barristers
130 Adelaide Street West
Suite 2600
Toronto, Ontario
M5H 3P5
T: (416) 865-9500
F: (416) 865-9010
D: (416) 865-3737
ibinnie@litigate.com

International Centre for Settlement of Investment Disputes (ICSID) Arbitration
Case No. ARB(AF)/12/6 Lao Holdings N.V. v. The Lao People’s Democratic

Case No. ARB/15/8 - Republic President: Ian Binnie, C. C., K.C.
Party Nominee: Prof. Brigitte Stern
Party Nominee: Prof. Bernard Hanotiau
Aktau Petrol Ticaret A.Ş. and Som Petrol Ticaret A.Ş. v. Republic of Kazakhstan

Case No. ARB/14/30 - President: Ian Binnie, C.C., K.C.
Party Nominee: Sir Daniel Bethlehem
Party Nominee: Professor Bernard Hanotiau
Beijing Urban Construction Group Co. Ltd. V. Republic of

Case No. ARB/15/29 - Yemen President: Ian Binnie, C.C., K.C.
Party Nominee: John M. Townsend
Party Nominee: Zachary Douglas
Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling
Capital Limited v. Republic of Kenya
President: Ian Binnie, C.C., K.C.
Party Nominee: Brigitte Stern
Party Nominee: Kanaga Dharmananda London

Court of International Arbitration (LCIA) Arbitrations

Arbitration No. 122115 - Louis Dreyfus Commodities Metals Suisse SA v Baja Mining
Corp President: Jack Marshall, K.C.
Party Nominee: Earl Cherniak, , K.C.
Party Nominee: Ian Binnie, C.C., K.C.

Arbitration No. 142599 - CGX v Repsol
President: Ben H. Sheppard, Jr. Party Nominee:
Ian Binnie, C.C., K.C. Party
Nominee: Lord Leonard Hoffman

Permanent Court of Arbitration

PCA Case No. 2013-23 - Tenoch Holdings Ltd. Et al v. the Republic of India (appointed by Tribunal as expert witness)

Professional Qualifications:

1966 - Called to the English Bar; Member of the Middle Temple Inns of Court

1967 - Called to the Ontario Bar

1984 - Appearance as counsel before the International Court of Justice (and 1991 boundary dispute between Canada and France re: St. Pierre and Miquelon before former ICJ Judges sitting as arbitrators)

1985 - Called to the Yukon Bar

1986 - occasional calls to Bars of British Columbia, Alberta, Saskatchewan, Manitoba and 1997 Newfoundland

Academic Background

1960 - BA (Hons.) McGill University

1963 - LLB Cambridge University [where he was the first Canadian to be elected President of the Cambridge Union]

1965 - LLB University of Toronto

1988 - LLM Cambridge University

Honours:

2013 - Received Honourary Doctor of Sacred Letters from Trinity College, University of Toronto

2012 - Appointed Companion, Order of Canada

2012 - Received Honourary Doctor of Laws from University of Western Ontario

2001 - Received Honourary Doctor of Laws from McGill University

2001 - Received Honourary Doctor of Laws from Law Society of Upper Canada

Languages:

English, French Professional

Associations:

International Commission of Jurists (Geneva), Commissioner
American College of Trial Lawyers, Elected Fellow (1992-present)
Commercial Bar Association (U.K.)
Middle Temple Inns of Court (U.K.), Member
Canadian Council on International Law
Canadian Institute for the Administration of Justice
Canadian Forum on Civil Justice
The Advocates' Society
Canadian Bar Association
L'Association des juristes d'expression française de l'Ontario Professional

Background:

January 2012 to present: Arbitrator, Arbitration Place

January 2012 to present: Counsel, Lenczner Slaght

April 2013 to present: Chair, Internal Justice Council of the United Nations

January 1998 to October 2011 Justice of the Supreme Court of Canada
Appointed: January 8, 1998
Retired: October 20, 2011

September 1986 to January 1998 General litigation practice before all levels of court and administrative tribunals, including a number of leading civil and constitutional cases before the Supreme Court of Canada and international tribunals.

Legal Counsel to the Joint Committee of the Senate and House of Commons on the Meech Lake Accord 1987, retained by federal government to defend constitutional validity of the Free Trade Agreement; of counsel for Canada before the International Court of Arbitration against France in the St. Pierre and Miquelon boundary dispute; acted for Canadian Pacific against government legislation. regulating Western Canadian grain rates; frequently retained by the Canadian Broadcasting Corporation in libel and free press issues; retained by governments of Canada, Ontario, Newfoundland, New Brunswick and Yukon on various public law and aboriginal rights matters; major patent litigation for Imperial Oil, Unilever pLc, and other major clients; regulatory litigation for pharmaceutical drug issues for Merck Frosst Canada Inc. and Merck & Co., Inc.; represented major clients (American Airlines, Purolator Courier Ltd., Onex Corporation) in various proceedings before the National Transportation Agency; land use litigation for City of Hamilton, City of Toronto, and private developers such as First City Developments; retained on judicial review matters by Institute of Chartered Accountants of Ontario, Ontario Securities Commission, Dryden Air Crash Inquiry; several constitutional cases as counsel for the Senate of Canada, including litigation in the Supreme Court of Canada in respect of the conflict between Parliamentary privilege and freedom of the press; legal counsel to the House of Commons Charest Committee on the Constitution, 1990; Interesting cases include the Parker Commission of Inquiry into conflicts of interest in the federal Cabinet (1986).

September 1982 to August 1986 Associate Deputy Minister of Justice for Canada; responsibilities included all litigation for and against Her Majesty in right of Canada except tax cases and Quebec civil litigation; constitutional advisor to the government of Canada including Charter and Aboriginal rights issues; member of Canada's legal counsel at the International Court of Justice at the Hague against the United States in the Gulf of Maine boundary dispute; work with the Department of Justice required frequent argument in the Supreme Court of Canada, advice on proposed legislation (e.g. amendments to Combines Investigation Act, Kent Commission on the Press, Federal Court Act amendments, Aboriginal selfgovernment proposals) and general work in legal policy areas (e. g. native rights, administrative law reform).

Prior to September 1982 Private practice in Toronto with Wright & McTaggart and successor firms; prominent law cases included a successful challenge in the Supreme Court of Canada to Marshall Crowe sitting as Chairman of the National Energy Board on the McKenzie Valley Pipe Line, [19781 1 S.C.R. 369; a successful lawsuit against Burroughs Computers that was (at that time) the second most protracted civil trial in Ontario history, (1977) 15 O.R. (2d) 750; counsel to the City of Hamilton in litigation respecting federal/provincial dispute in land use jurisdiction against the Hamilton Harbour Commission and the Attorney General of Canada, (1979) 21 O.R. (2d) 459. Retained by Department of Justice (Ottawa) to advise regarding competition law implications of various mergers including Hudsons Bay Company bid for Simpson's, and Thomson bid for Hudsons Bay Company. Frequently appeared before Ontario Municipal Board in matters involving land development (Metro Centre - Toronto railway lands), shopping centres (Sudbury, Val Est, North Bay); Ontario Labour Relations Board, etc.

General Background:

1970-1971 Legal Advisor to the Ministry of Finance, Government of Tanzania

1973-1975 Elected by Toronto City Council to City of Toronto Planning Board (part-time)

1975-1979 Part-time lecturer in law, Osgoode Hall Law School

1979 Named King’s Counsel (Ontario)

1977-1980 Chairman of the Constitutional and International Law Section (Ontario) and member of the Ontario Council of the Canadian Bar Association

1980-1987 Canadian Bar Association Executive International Law and Constitutional Law sections

1992 Elected Fellow of the American College of Trial Lawyers, Member of Regional Committee (Canada) – 1998, became Judicial Fellow

2003 Elected a Commissioner of the International Commission of Jurists based in Geneva, Switzerland

As Counsel, Supreme Court of Canada reported cases include:

• Florence Realty Co. v, Canada, [1968] S.C.R. 42
• One Hundred Simcoe Street Lid. v. Frank Burger Contractors Ltd. et al., (1969), 2 D.L.R. (3d) 735
• MacDonald v. MacDonald, [1976] 2 S.C.R. 259
• Committee for Justice and Liberty v. Canada (National Energy Board), [1978] 1 S.C.R. 369
• Canada (Minister of Justice) v. Borowski, [1981] 2 S.C.R. 575
• Pan American World Airways Inc, v. Canada (Minister of Transport), [1981] 2 S.C.R. 565
• Moore v. Johnson, [1982] 1 S.C.R. 115
• Bryden v. Canada Employment and Immigration Commission, [1982] 1 S.C.R. 443
• Reference re Family Relations Act (B.C.), [1982] 1 S.C.R. 62
• Canada (Attorney General) v. Law Society of British Columbia, [1982] 2 S.C.R. 307
• R. v. Canadian Broadcasting Corp., [1983] 1 S.C.R. 339
• Guerin v. Canada, [1984] 2 S.C.R. 335
• Operation Dismantle v. The Queen, [1985] I S.C.R. 441
• Beauregard v. Canada, [1986] 2 S.C.R. 56
• Paul v. Canadian Pacific Ltd, [1988] 2 S.C.R. 654
• Canada (Auditor Gen.) v, Canada (Min. of Energy, Mines & Resources)
  (Petrofina Cabinet papers case), [1989] 2 S.C.R. 49
• Reference Re Canada Assistance Plan (B.C.), [1991] 2 S.C.R. 525
• Ontario (Attorney General) v. Bear Island Foundation, [1991] 2 S.C.R. 570
• Re Wholesale Travel, [1991] 3 S.C.R. 154
  New Brunswick Broadcasting Co. v. Nova Scotia (Speaker of the House of Assembly), [1993] 1 S.C.R. 319
  Attorney General of C:anada v, Mossop, [1993] 1 S.C.R. 554
  RJR-Macdonald Inc. v. Canada (A.G.), [1994] 1 S.C.R. 311
  Bank of Nova Scotia v. Dunphy Leasing Enterprises Ltd., [1994] 1 S.C.R. 552
• Dagenais v. Canadian Broadcasting Corp., [1994] 3 S.C.R. 835
• Apotex Inc. v. Canada (Attorney General), [1994] 3 S.C.R. 1100
• Walker v. Prince Edward Island, [1995] 2 S.C.R. 407
• Miron v, Trudel, [1995] 2 S.C.R. 418
• Eaton v. Brant County Board of Education, [1997] 1 S.C.R. 241
• Hercules Management v. Ernst & Young, [1997] 2 S.C.R. 165
• Canada (Minister of Citizenship and Immigration) v. Tobiass, [1997] 3 S.C.R. 391
• Bow Valley Husky (Bermuda) Ltd. v. Saint John Shipbuilding Ltd, [1997] 3 S.C.R. 1210
• Thomson Newspapers Co. v. Canada (Attorney General), [1998] 1 S.C.R. 877
• Westcoast Energy Inc. v. Canada (National Energy Board), [1998] 1 S.C.R. 322 (B.C. Gas)

Judgments published in Supreme Court Reports

• M & D Farm Limited v. Manitoba Agricultural Credit Corp., [1998] 1 S.C.R. 1074 (Chambers Motion)
• Union of New Brunswick Indians v. New Brunswick (Minister of Finance), [1998] 1 S.C.R. 1161
• Consortium Developments (Clearwater) Ltd. v. Sarnia (City), [1998] 3 S.C.R. 3
• Eurig Estate (Re), [1998] 2 S.C.R. 565
• R. v. Rose, [1998] 3 S.C.R. 262
• Cadbury Schweppes Mc. v. FBI Foods Ltd., [1999] 1 S.C.R. 142
• Sail Labrador Ltd. v. Challenge One (The), [1999] 1 S.C.R. 265
• Quebec (Commission des droits de la personne et des droits de la jeuness) v. Montreal (City); Quebec (Commission des droits de la personne et des droits de la feunesse) v. Boisbriand (City), [1999] 1 S.C.R. 381 (Chambers Motion)
• R. v. Campbell, [1991] 1 S.C.R. 565
• R. v. Beaulac, [1999] 1 S.C.R. 768 (Joint reasons of Binnie J. and Chief Justice Lamer)
• R. v. Stone, [1999] 2 S.C.R. 290
• Jacobi v. Griffiths, [1999] 2 S.C.R. 570
• M& D Farm Ltd. v. Manitoba Agricultural Credit Corp., [1999] 2 S.C.R. 961
• Winters v. Legal Services Society, [1999] 3 S.C.R. 160
• R. v. Marshall, [1999] 3 S.C.R. 456
• Des Champs v. Conseil des ecoles separees catholiques de longue francaise de Prescott-Russell, [1999] 3 S,C.R. 281
• Abouchar v. Ottawa-Carleton French-language School Board Public Sector, [1999] 3 S.C.R. 343 Shell Canada Ltd. v. Canada, [1999] 3 S.C.R. 616 (Chambers Motion) Public School Boards Assn. of Alberta v. Alberta (Attorney General), [1999] 3 S.C.R. 845 (Chambers Motion) R. v. Brooks, [2000] 1 S.C.R. 237 Granovsky v. Canada (Minister of Employment and Immigration), [2000] 1 S.C.R. 703
• R. c. Jolivet, [2000] 1 S.C.R. 751
• FN. (Re), [2000] 1 S.C.R. 880
• Will-Kare Paving & Contracting Ltd v. Canada, [2000] 1 S.C.R. 915
• R. v. J.-L.J., [2000] 2 S.C.R. 600
• Free World Trust v. Electro Sante Inc., [2000] 2 S.C.R. 1024
• Whirlpool Corp. v. Cameo Inc., [2000] 2 S.C.R. (2000 SCC 67)
• Whirlpool Corp. v, Maytag Corp., [2000] 2 S.C.R. 116, (2000 SCC 68)
• Little Sisters Book and Art Emporium v. Canada (Minister of Justice), [2000] 2 S.C.R. 1120 (2000 SCC 69)
• R. v. Parrott, [2001] 1 S.C.R. 178 (2001 SCC 3)
• Ellis-Don Ltd. v. Ontario (Labour Relations Board), [2001] 1 S.C.R. 221 (2001 SCC 4)
• Mitchell v. M.N.R., [2001] 1 S.C.R. 911 (2001 SCC 33)
• Mount Sinai Hospital Center v. Quebec (Minister of Health and Social Services), [2001] 2 S.C.R. 281 (2001 SCC 41)
• Danyluk v. Ainsworth Technologies Inc., [2001] 2 S.C.R, 460 (2001 SCC 44)
• Ville de Saint-Romuald c. Olivier, et al, [2001] 2 S.C.R. 898 (2001 SCC 57)
• Ellis-Don Construction Ltd. v. Naylor Group Inc., [2001] 2 S.C.R. 943 (2001 SCC 58)
• R. v. Proulx, [2001] 3 S.C.R. 9 (jointly with Iacobucci J.), [2001] SCC 66
• Holt Cargo Systems Inc. v. ABC Containerline N. V (Trustees of), [2001] 3 S.C.R. 907 (2001 SCC 90), released Dec. 20, 2001
• Antwerp Bulkcarriers, N. V. (Re), [2001] 3 S.C.R. 951 (2001 SCC 91), released Dec. 20, 2001
• Sam Levy & Associés Inc. v. Azco Mining Inc., [2001] 3 S.C.R. 978 (2001 SCC 92), released Dec. 20, 2001
• R. v. Regan (2002 SCC 12), released Feb. 14, 2002
• Mackin v. New Brunswick (Minister of Finance); Rice v. New Brunswick (2002 SCC 13), released Feb. 14, 2002
• R. v. Hiss (2002 SCC 16), released Feb. 21, 2002
• Whiten v. Pilot Insurance Co. (2002 SCC 18), released Feb. 22, 2002
• Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club Ltd. (2002 SCC 19), released Feb, 22, 2002
• R. v. Sheppard (2002 SCC 26), released Mar. 21, 2002
• R. v. Braich (2002 SCC 27), released Mar. 21, 2002
• R. v. Cinous (2002 SCC 29), released Mar. 21, 2002
• Théberge v. Galerie d'Art du Petit Champlain Inc, (2002 SCC 34), released March 28, 2002 R. v. Handy (2002 SCC 56), released June 21, 2002 R. v. Shearing (2002 SCC 58), released July 18, 2002 Somersall v. Friedman (2002 SCC 59), released Aug. 8, 2002 [Scottish & York] R. v. Neil, [2002] 3 S.C.R. 631 (2002 SCC 70) Harvard College v. Canada (Commissioner of Patents), [2002] 4 S.C.R. 45 (2002 SCC 76)
• Apotex Inc. v. Wellcome Foundation Ltd., [2002] 4 S.C.R. 153 (2002 SCC 77), (Novopharm)
• Wewaykum Indian Band v. Canada, [2002] 4 S.C.R. 245, (2002 SCC 79) (Dick)
• Goudie v. Ottawa (City), [2003] 1 S.C.R. 141 2003 SCC 14
• C.U.P.E. v. Ontario (Minister of Labour), [2003] 1 S.C.R. 539, 2003 SCC 29
• R. v. Owen, [2003] 1 S.C.R. 779, 2003 SCC 33
• R. v. Asante-Mensah, [2003] 2 S.C.R. 3, 2003 SCC 38
• Unifund Assurance Co. v. Insurance Corp. of British Columbia, [2003] 2 S.C.R. 63, 2003 SCC 40
• R. v. Williams, [2003] 2 S.C.R.134, 2003 SCC 41
• Beals v. Saldanha, [2003] 3 S.C.R. 416, 2003 SCC 72
• R. v. Wu 2003 SCC 73
• R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571, 2003 SCC 74
• R. v. Clay, [2003] 3 S.C.R. 735, 2003 SCC 75
• Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), [2004] 1 S.C.R. 76; 2004 SCC 4
• R. v. Smith, [2004] 1 S.C.R. 385, 2004 SCC 14
• Penetanguishene Mental Health Centre v. Ontario (Attorney General) [Tulikorpi], [2004] 1 S.C.R. 498; 2004 SCC 20
• Pinet v. St. Thomas Psychiatric Hospital, [2004] 1 S.C.R. 528; 2004 SCC 21
• Quebec (Attorney General) v. Quebec (Human Rights Tribunal), [2004] 2 S.C.R. 223; 2004 SCC 40 [Charette]
• British Columbia v. Canadian Forest Products Ltd., [2004] 2 S.C.R. 74; 2004 SCC 38
• Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Providers, [2004] 2 S.C.R. 427; 2004 SCC 45
• Application under s. 83,28 of the Criminal Code (Re), [2004] 2 S.C.R. 248; 2004 SCC 42
• R. v. Kerr, [2004] 2 S.C.R. 371; 2004 SCC 44
• Syndicat Northcrest v, Amselem, [2004] 2 S.C.R. 551; 2004 SCC 47
• Gilles E. Neron Communication Marketing Inc., v. Chambre des notaires du Quebec, [2004] 3 S.C.R. 95; 2004 SCC 53
• Hodge v. Canada (Minister of Human Resources Development), [2004] 3 S.C.R. 357; 2004 SCC 65
• R. v. Tessling, [2004] 3 S.C.R. 432; 2004 SCC 67
• Newfoundland (Treasury Board) v. N.A.P.E., [2004] 3 S.C.R. 381; 2004 SCC 66
• Pacific National Investments Ltd, v. Victoria (City), [2004] 3 S.C.R. 575; 2004 SCC 75 R. v. Deschamplain, [2004] 3 S.C.R. 601; 2004 SCC 76 (in dissent) Allan Wayne Lohrer v. Her Majesty the Queen, [2004] 3 S.C.R. 732; 2004 SCC 80 (oral judgment rendered from the Bench on December 20, 2004) Gosselin (Tutor of) v. Quebec (Attorney General), [2005] 1 S.C.R. 238, 2005 SCC
• Vaughan v. Canada, [2005] 1 S.C.R. 146, 2005 SCC 11
• Bristol-Myers Squibb Co, v. Canada (Attorney General), [2005j 1 S.C.R. 533, 2005 SCC 26
• Canada (House of Commons) v. Vaid, [2005] 1 S.C.R. 667, 2005 SCC 30
• Chaoulli v. Quebec (Attorney General), [2005] 1 S.C.R. 791, 2005 SCC 35
• Montreal (City) v. 2952-1366 Quebec Inc., [2005] 3 S.C,R. 141, 2005 SCC 62
• E.B. v. Order of the Oblates of Mary Immaculate in the Province of British Columbia, [2005] 3 S.C.R. 45, 2005 SCC 60
• R. v. G.R., [2005] 2 S.C.R. 371, 2005 SCC 45 [Ritchie]
• Merk v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771, [2005] 3 S.C.R. 425, 2005 SCC 70
• Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage), [2005]3 S.C.R. 388, 2005 SCC 69
• R. v. Spence, [2005] 3 S.C.R. 458, 2005 SCC 71
• R. v. Henry, [2005] 3 S.C.R. 609, 2005 SCC 76
• Young v, Bella, [2006] 1 S.C.R. 108, 2006 SCC 3
• ATCO Gas & Pipelines Ltd. v. Alberta (Energy & Utilities Board), [2006] 1 S.C.R. 140, 2006 SCC 4
• Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee, [2006] 1 S.C.R. 824, 2006 SCC 23
• Mattel, Inc. c. 3894207 Canada Inc., [2006] 1 S.C.R. 772, 2006 SCC 22
• Canada 3000 Inc., Re; Inter-Canadian, [2006] 1 S.C.R. 865, 2006 SCC 24
• Leskun v. Leskun, [2006] 1 S.C.R. 920, 2006 SCC 25
• Celanese Canada Inc. v. Murray Demolition Corp., [2006] 2 S.C.R. 189, 2006 SCC 36
• Imperial Oil Ltd. v. Canada; Inco Ltd. v. Canada, [2006] 2 S.C.R. 447, 2006 SCC 46
• AstraZeneca Canada Inc. v. Canada (Minister of Health), [2006] 2 S.C.R. 560, 2006 SCC 49
• R. v. Sappier; R. v. Gray, [2006] 2 S.C.R. 686, 2006 SCC 54
• McDiarmid Lumber Ltd. v. God's Lake First Nation [2006] 2 S.C.R. 846, 2006 SCC 58
• Little Sisters Book and Art Emporium v. Commissioner of Customs and Revenue, et al., [2007] 1 S.C.R. 38, 2007 SCC 2
• Alain Beaudry c. Sa Majeste La Reine [2007] 1 S.C.R. 190, 2007 SCC 5
• Canadian Western Bank v. Alberta, [2007] 2 S.C.R. 3, 2007 SCC 22
• British Columbia (Attorney General) v. Lafarge Canada Inc., [2007] 2 S.C.R. 86, 2007 SCC 23
• Strother v. 3464920 Canada Inc., [2007] x S.C.R. xxx, 2007 SCC 24
• R. v. Hape, [2007] 2 S.C.R. 292, 2007 SCC 26 R. v. Clayton, [2007] 2 S.C.R. 725, 2007 SCC 32 Kerr v. Danier Leather Inc., [2007] 3 S.C.R. 331, 2007 SCC 44 Citadel General Assurance Co. v. Vytlingam, [2007] 3 S.C.R. 373, 2007 SCC 46 Lumbermens Mutual Casualty Co, v. Herbison, [2007] 3 S.C.R. 393, 2007 SCC 47
• Juman v. Doucette, [2008] 1 S.C.R. 157, 2008 SCC 8
• Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9
• R. v. Kang-Brown, [2008] 1 S.C.R. 456, 2008 SCC 18
• R. v. A.M., [2008] 1 S.C.R. 569, 2008 SCC 19
• R. v, J.H.S., [2008] 2 S.C.R. 152, 2008 SCC 30
• R. v. Walker, [2008] 2 S.C.R. 245, 2008 SCC 34
• WIC Radio Ltd. v. Simpson, [2008] 2 S.C.R. 420, 2008 SCC 40
• (Canada)Privacy Commissioner v. Blood Tribe Department of Health, [2008] 2 S.C.R. 574, 2008 SCC 44
• Saulnier v. Royal Bank of Canada, [2008] 3 S.C.R. 166, 2008 SCC 58
• R. v. Pritchard, 2008 SCC 59, [2008] 3 S.C.R. 195
• Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada, 2008 SCC 66, [2008] 3 S.C.R. 453
• Lipson v. Canada, 2009 SCC 1, [2009] 1 S.C.R. 3
• Canada (Citizenship and Immigration) v. Khoss, 2009 SCC 12, [2009] 1 S.C.R. 339
• Chatterjee v. Ontario (Attorney General), 2009 SCC 19, [2009] 1 S.C.R. 624
• R. v. Laboucan, 2009 SCC 18, [2009] 1 S.C.R. 620
• R. v. Patrick, 2009 SCC 17, [2009] 1 S.C.R. 579
• A.C. v. Manitoba (Director of Child and Family Services), 2009 SCC 30, [2009] 2 S.C.R. 181
• R. v. Grant, 2009 SCC 32, [2009] 2 S.C.R. 353
• R. v. Suberu, 2009 SCC 33, [2009] 2 S.C.R. 460
• Plourde v. Wal-Mart Canada Corp., 2009 SCC 54, [2009] 3 S.C.R. 465
• Consolidated Fastfrate Inc. v. Western Canada Council of Teamsters, 2009 SCC 53, [2009] 3 S.C.R. 407
• Desbiens v. Wal-Mart Canada Corp., 2009 SCC 55, [2009] 3 S.C.R. 540
• Co-operators Life Insurance Co. v. Gibbens, 2009 SCC 59, [2009] 3 S.C.R. 605
• Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), 2010 SCC 4, [2010] 1 S.C.R. 69
• R. v. Szczerbaniwicz, 2010 SCC 15, [2010] 1 S.C.R. 455
• R. v. National Post, 2010 SCC 16, [2010] 1 S.C.R. 477
• Québec (Attorney General) v. Moses, 2010 SCC 17, [2010] 1 S.C.R. 557
• R. v. Nolet, 2010 SCC 24, [2010] 1 S.C.R. 851
• R. v. McCrimmon, 2010 SCC 36, [2010] 2 S.C.R. 402
• R. v. Sinclair, 2010 SCC 35, [2010] 2 S.C.R. 310
• R. v. Willier, 2010 SCC 37, [2010] 2 S.C.R. 429
• R. v. White, 2010 SCC 59, [2010] 3 S.C.R. 374 Beckman v. Little Salmon/Carmacks First Nation, 2010 SCC 53, [2010] 3 S.C.R. 103
• Canada (Attorney General) v. TeleZone Inc., 2010 SCC 62, [2010] 3 S.C.R. 585
• R. v. Caron, 2011 SCC 5, [2011] 1 S.C.R. 78
• R. v. White, 2011 SCC 13, [2011] 1 S.C.R. 433
• Seidel v. TELUS Communications Inc., 2011 SCC 15, [2011] 1 S.C.R. 531
• British Columbia (Attorney General) v. Malik, 2011 SCC 18, [2011] 1 S.C.R. 657
• R. v. O’Brien, 2011 SCC 29, [2011] 2 S.C.R. 485
• Canada (Attorney General) v. Mavi, 2011 SCC 30, [2011] 2 S.C.R. 504
• Aecon Buildings v. Stephenson Engineering Ltd., 2011 SCC 33, [2011] 2 S.C.R. 560
• R. v. Barros, 2011 SCC 51, [2011] 3 S.C.R. 368
• R. v. Sarrazin, 2011 SCC 54, [2011] 3 S.C.R. 505
• Lax Kw’alaams Indian Band v. Canada (Attorney General), 2011 SCC 56, [2011] 3 S.C.R. 535
• Alberta (Information Privacy Commissioner) v. Alberta Teachers’ Association, 2011 SCC 61, [2011] 3 S.C.R. 654
• R. v. D.A.I., 2012 SCC 5, [2012] 1 S.C.R. 149

ONCA Brief Bio

The Honourable Robert A. Blair retired from the Court of Appeal for Ontario in October, 2017, after fourteen years. Prior to his appointment to the Court of Appeal he had been Regional Senior Justice for the Toronto Region of the Superior Court of Justice since October 1999, and a judge of that Court since March, 1991.

Mr. Blair received his B.A. (Hons.) from Queen's University in 1965 and his LL.B. from University of Toronto Law School in 1968. He was called to the Bar in Ontario in 1970 and was designated a King's Counsel in 1982. He practiced primarily in the field of general civil litigation, with an emphasis on corporate/commercial litigation and administrative law, during his career at the Bar.

While a member of the Superior Court, Mr. Blair was Co-Chair of the Civil Justice Review, an initiative that conducted a broad review of the civil justice system in Ontario and made extensive recommendations regarding the implementation of an integrated series of reforms to that system in the mid 1990's. He was active in the development and implementation of alternative dispute resolution techniques both before and after his appointment to the Bench. He was a member of the Steering Committee which oversaw the implementation of a Court-connected ADR Centre in Toronto, the first of its kind in Canada, and was closely involved with the Mandatory Mediation project in Toronto and the introduction of case management and mediation into the court system in Ontario.

Mr. Blair has spoken at and participated in numerous legal and judicial education programs, both as a lawyer and judge. He has also participated in various judicial and legal education and reform initiatives internationally, including projects involving judges and lawyers in Uganda, Kenya, Tanzania, Rwanda, Jamaica and Dubai.

As a lawyer, Mr. Blair was involved on the users’ committee that helped formulate the Commercial List on the Superior Court in Toronto. As a trial judge of that Court, he was a frequent flyer on the Commercial List, presiding over a large number of high profile restructurings, shareholders’ disputes and other complex commercial cases. While a member of the Court of Appeal, he continued to preside over similar matters as well as all types of civil and criminal cases.

In 2015 Mr. Blair was appointed Chair of the Copyright Board of Canada, a part-time position he held until his term expired in 2020. The Copyright Board is a federal administrative tribunal that sets royalties for the use of copyrightprotected works when the administration of those rights has been entrusted to a collective society

Following his retirement from the Court, he has joined Arbitration Place as a non-resident member arbitrator and mediator.

SHORT BIOGRAPHY

The Honourable Russell Brown FRCGS BA LLB LLM SJD LLD is an arbitrator and mediator.

He served on the Canadian judiciary for 10½ years, including eight years as a Justice of the Supreme Court of Canada, where he wrote over 100 judgments, including significant judgments in commercial/private and public law. Prior to his judicial career, he was Professor and Associate Dean (Graduate Studies) of Law at the University of Alberta, chair of the Health Law Institute, and litigation counsel at the Bars of Alberta and British Columbia. He is the author of the leading treatise on tort claims for economic loss and the co-author of a textbook on government liability, in addition to over 40 published law review articles on private law, regulatory takings and civil justice.

ACADEMIC QUALIFICATIONS

2006 - SJD (Doctor of Juridical Science), University of Toronto

2003 - LLM (Master of Laws), University of Toronto
Thesis: Understanding Tort Law’s Treatment of Pure Economic Loss
Supervisors: Peter Benson, Bruce Chapman

1994 - LLB (Bachelor of Laws), University of Victoria

1987 - BA (1st class honours), University of British Columbia

CAREER OVERVIEW

2023 - Arbitrator, Mediator

2015-23 - Justice, Supreme Court of Canada and Deputy of the Governor General

2014-15 - Justice, Court of Appeal of Alberta
Judge, Courts of Appeal of the Northwest Territories and Nunavut

2013-14 - Justice, Court of Queen’s Bench of Alberta (now King’s Bench)

2008-13 - Associate Counsel, Miller Thomson LLP (Alberta)

2004-13 - Professor of Law and Associate Dean (Graduate Studies), University of Alberta

1996-2004 - Associate Lawyer and Associate Counsel, Carfra Lawton LLP, Victoria BC

1994-96 - Articled Student and Associate Lawyer, Davis & Company (now DLA Piper), Vancouver BC.

1992 - Special Assistant to the Minister of State for National Defence (Canada)

1990-91 - Executive Assistant to the Minister of Education (British Columbia)

1990 - Teaching Assistant, Junior State of America Summer School, Georgetown University, Washington DC.

1988-90 - Policy Analyst, Ministry of Transportation and Highways, Victoria BC

1988 - Legislative Intern, British Columbia Legislative Assembly, Victoria BC.

EDUCATION

2006 - Doctor of Juridical Science, University of Toronto

2003 - Master of Laws, University of Toronto

1994 - Bachelor of Laws (equivalent to J.D.), University of Victoria

1987 - Bachelor of Arts (First Class), University of British Columbia

PUBLICATIONS

Author, Pure Economic Loss in Canadian Negligence Law (LexisNexis, 2011)

Co-author, Government Liability (Canada Law Book, 2006)

Author or co-author of over 40 published peer-reviewed articles, book chapters on private law, regulatory takings and civil justice.

PAST PROFESSIONAL QUALIFICATIONS

2008 - Admitted to the Bar of Alberta

1995 - Admitted to the Bar of British Columbia

RECOGNITION

LL.D. (Honoris Causa) - University of Alberta

Honorary Fellow - American College of Trial Lawyers

Queen Elizabeth II Platinum Jubilee Medal (Alberta) “in recognition of significant contributions to the province”

Honorary Board Member, Canadian Forum for Civil Justice

Fellow, Royal Canadian Geographical Society

AUTHORED AND CO-AUTHORED JUDGMENTS

Supreme Court of Canada

2022

Des Groseillers v. Quebec (Agence du revenue), 2022 SCC 42 (co-written, by the Court).
R. v. Sharma, 2022 SCC 39 (co-written).
R. v. Ndhlovu, 2022 SCC 37 (dissent).
Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36 (co-written).
R. v. Tessier, 2022 SCC 35 (co-written dissent).
R. v. Schneider, 2022 SCC 34 (co-written dissent).
R. v. Kirkpatrick, 2022 SCC 33 (co-written separate concurrence).
R. v. Lafrance, 2022 SCC 32.
R. v. J.J., 2022 SCC 28 (dissent).
Canada (Attorney General) v. Collins Family Trust, 2022 SCC 26.
R. v. Goforth, 2022 SCC 25 (dissent).
R. v. Safdar, 2022 SCC 21 (delivered from the bench).
R. v. Tim, 2022 SCC 12 (dissent).
Anderson v. Alberta, 2022 SCC 6 (co-written).

2021

Montréal (Ville) v. Restructuration Deloitte Inc., 2021 SCC 53 (dissent).
Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47 (co-written).
R. v. Parranto, 2021 SCC 46 (co-written).
Northern Regional Health Authority v. Horrocks, 2021 SCC 42.
Toronto (City) v. Ontario (Attorney General), 2021 SCC 34 (co-written).
Canada v. Canada North Group Inc., 2021 SCC 30 (co-written dissent).
R. v. Chouhan, 2021 SCC 26 (co-written).
R. v. G.F., 2021 SCC 20 (co-written separate concurrence).
Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 (dissent).
R. v. R.V., 2021 SCC 10 (dissent).
R. v. Esseghaier, 2021 SCC 9 (co-written).
Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7 (co- written dissent).
R. v. T.J.M., 2021 SCC 6.

2020

C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (separate concurrence).
Ontario (Attorney General) v. G, 2020 SCC 38 (co-written dissent).
1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35 (co-written).
Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32 (co-written).
Fraser v. Canada (Attorney General), 2020 SCC 28 (co-written dissent).
R. v. Reilly, 2020 SCC 27 (delivered from the bench).
Michel v. Graydon, 2020 SCC 24.
Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19.
R. v. Thanabalasingham, 2020 SCC 18 (co-written, by the Court).
Uber Technologies Inc. v. Heller, 2020 SCC 16 (separate concurrence).
Conseil scolaire francophone de la Colombie-Britannique v. British Columbia, 2020 SCC 13 (co- written dissent).
R. v. Ahmad, 2020 SCC 11 (co-written).
Newfoundland and Labrador (Attorney General) v. Uashaunnuat (Innu of Uashat and of Mani-Utenam), 2020 SCC 4 (co-written dissent).
Nevsun Resources Ltd. v. Araya, 2020 SCC 5 (co-written dissent)

2019

Bell Canada v. Canada (Attorney General), 2019 SCC 66 (co-written).
Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (co-written).
R. v. Resolute FP Canada Inc., 2019 SCC 60 (co-written dissent).
Desgagnés Transport Inc. v. Wärtsilä Canada Inc., 2019 SCC 58 (co-written separate concurrence).
Montréal (Ville) v. Octane Stratégie inc., 2019 SCC 57 (co-written dissent).
R. v. K.J.M., 2019 SCC 55 (co-written dissent).
Threlfall v. Carleton University, 2019 SCC 50 (co-written dissent).
R.S. v. P.R., 2019 SCC 49 (dissent).
Keatley Surveying Ltd. v. Teranet Inc., 2019 SCC 43 (co-written dissent).
Pioneer Corp. v. Godfrey, 2019 SCC 42.
R. v. R.V., 2019 SCC 41 (co-written dissent).
R. v. Stillman, 2019 SCC (40) (co-written).
R. v. Goldfinch, 2019 SCC 38 (dissent).
L’Oratoire Saint-Joseph du Mont-Royal v. J.J., 2019 SCC 35.
R. v. Le, 2019 SCC 34 (co-written).
R. v. Omar, 2019 SCC 32 (dissent, delivered from the bench).
Christine DeJong Medical Professional Corporation v. DBDC Spadina Ltd., 2019 SCC 30 (delivered from the bench).
Modern Cleaning Concept Inc. v. Comité paritaire de l’entretien d’édifices publics de la région de Québec, 2019 SCC 28 (co-written dissent).
R v. Mills, 2019 SCC 22.
J.W. v. Canada (Attorney General), 2019 SCC 20 (dissent).
Barer v. Knight Brothers LLC, 2019 SCC 13 (separate concurrence).
R v. Blanchard, 2019 SCC 9 (delivered from the bench).
Frank v. Canada (Attorney General), 2019 SCC 1 (co-written dissent).

2018

R v. Quartey, 2018 SCC 59 (delivered from the bench).
Reference re Pan-Canadian Securities Regulation, 2018 SCC 48 (co-written, by the Court).
Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40 (separate concurrence).
Chagnon v. Syndicat de la fonction publique et parapublique du Québec, 2018 SCC 39 (co- written dissent).
Rogers Communications Inc. v. Voltage Pictures, LLC, 2018 SCC 38.
R. v. Philip Morris International, Inc., 2018 SCC 36.
Trinity Western University v. Law Society of Upper Canada, 2018 SCC 33 (co-written dissent).
Law Society of British Columbia v. Trinity Western University, 2018 SCC 32 (co-written dissent).
Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31 (separate concurrence).
R. v. Wong, 2018 SCC 25 (co-written).
West Fraser Mills Ltd. v. British Columbia (Workers’ Compensation Appeal Tribunal), 2018 SCC 22 (dissent).
Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19 (dissent).
Quebec (Attorney General) v. Alliance du personnel professionnel et technique de la santé et des services sociaux, 2018 SCC 17 (co-written dissent).
R. v. Comeau, 2018 SCC 15 (co-written, by the Court).
International Brotherhood of Electrical Workers (IBEW) Local 773 v. Lawrence, 2018 SCC 11 (delivered from the bench).
Valard Construction Ltd. v. Bird Construction Company, 2018 SCC 8.
R. v. G.T.D., 2018 SCC 7 (delivered from the bench).
R. v. Canadian Broadcasting Corporation, 2018 SCC 5 (co-written).
Williams Lake Indian Band v. Canada, 2018 SCC 4 (dissent).

2017

Deloitte & Touche v. Livent Inc., 2017 SCC 63 (co-written).
Cowper-Smith v. Morgan, 2017 SCC 61 (separate concurrence).
Barreau du Quebec v. Quebec (Attorney General), 2017 SCC 56.
Montreal (City) v. Dorval, 2017 SCC 48 (co-written dissent).
Canada (Attorney General) v. Fontaine, 2017 SCC 47 (co-written).
Canada (Attorney General) v. Thouin, 2017 SCC 46 (co-written).
Quebec (Attorney General) v. Guerin, 2017 SCC 42 (co-written separate concurrence).
Chippewas of the Thames First Nations v. Enbridge Pipelines Inc., 2017 SCC 41 (co-written).
Clyde River (Hamlet) v. Petroleum Geo-Services Inc., 2017 SCC 40 (co-written).
R. v. Cody, 2017 SCC 31 (co-written, by the Court).
Saadati v. Moorhead, 2017 SCC 28.
R. v. Paterson, 2017 SCC 15.
Nelson (City) v. Mowatt, 2017 SCC 8.
Ernst v. Alberta Energy Regulator, 2017 SCC 1 (co-written dissent)

2016

Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56.
Windsor (City) v. Canadian Transit Company, 2016 SCC 54 (co-written dissent).
Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47 (co-written dissent).
Canada (Attorney General) v. Igloo Vikski Inc., 2016 SCC 38.
Musqueam Indian Band v. Musqueam Indian Band (Board of Review), 2016 SCC 36.
R. v. K.R.J., 2016 SCC 31 (dissent).
Wilson v. Atomic Energy of Canada, 2016 SCC 29 (co-written dissent).
R. v. Williamson, 2016 SCC 28 (co-written).
R. v. Jordan, 2016 SCC 27 (co-written).
British Columbia (Workers’ Compensation Appeal Tribunal) v. Fraser Health Authority, 2016 SCC 25.
Krayzel Corp. v. Equitable Trust Co., 2016 SCC 18.
R. v. Lloyd, 2016 SCC 13 (co-written dissent).
Carter v. Canada (Attorney General), 2016 SCC 5 (co-written dissent)

Court of Appeal of Alberta

Money v. Bonnyville (Municipal District No. 87), 2015 ABCA 254.
R. v. Bulldog, 2015 ABCA 251.
R. v. Sirianni, 2015 ABCA 241.
Solis v. Workers’ Compensation Board (Millard Health), 2015 ABCA 227.
R. v. Toews, 2015 ABCA 204.
Alberta Residential Corporation v. Certain Lloyd’s Underwriters, 2015 ABCA 195.
R. v. Seruhungo, 2015 ABCA 189.
Isbister v. Metis Settlements Appeal Tribunal, 2015 ABCA 164.
R. v. Hatfield, 2015 ABCA 124.
University of Calgary v. JR, 2015 ABCA 118.
R. v. CAG, 2015 ABCA 113.
Site Energy Services Ltd. v. Wood Buffalo (Regional Municipality), 2015 ABCA 106.
R. v. Remple, 2015 ABCA 96.
R. v. Idris, 2015 ABCA 91.
Tait v. Tait, 2015 ABCA 84.
R v. Bezanson, 2015 ABCA 50.
R. v. Keresztes, 2015 ABCA 48.
Modry v. Alberta Health Services, 2015 ABCA 31.
Thomas v. Edmonton (City), 2015 ABCA 30.
R. v. Figiel, 2015 ABCA 19.
Isbister v. Metis Settlements Appeal Tribunal, 2015 ABCA 18.
Keef v. Peters, 2015 ABCA 16.
R. v. Schmaltz, 2015 ABCA 4.
R. v. Elliott, 2015 ABCA 431.
Wagner v. Wagner, 2014 ABCA 428.
Warrington v. Kozak, 2014 ABCA 419.
WP v. Alberta, 2014 ABCA 404.
R. v. Lee, 2014 ABCA 400.
World Health Inc. v. Edmonton (City), 2014 ABCA 332.
Alberta v. AUPE, 2014 ABCA 326.
R. v. Heng, 2014 ABCA 325.
Sherwood Steel Ltd. v. Odyssey Construction Inc., 2014 ABCA 320.
R. v. Hilsen, 2014 ABCA 310.
R. v. Valk, 2014 ABCA 309.
R. v. Napesis, 2014 ABCA 308.
Carleo Investments Ltd. v. Strathcona (County), 2014 ABCA 302.
Adderley v. 1400467 Alberta Ltd., 2014 ABCA 291.
United States v. Muhammad ‘Isa, 2014 ABCA 256.
Carbone v. McMahon, 2014 ABCA 252.
R. v. Savard, 2014 ABCA 219.
Alberta (Minister of Justice and Attorney General) v. Kouch, 2014 ABCA 215.
R. v. Black, 2014 ABCA 214.
Blue Steel Investments LLC v. Hegco Canada Inc., 2014 ABCA 198.
R. v. Jacobs, 2014 ABCA 172.
Letourneau v. Letourneau, 2014 ABCA 156.
A.R. v. Alberta (Child, Youth and Family Enhancement Act, Director), 2014 ABCA 148.
R. v. R.M.F., 2014 ABCA 139.

Nunavut Court of Appeal

Kucera v Qulliq Energy Corporation, 2015 NUCA 2.

Court of Queen’s Bench of Alberta

Graymar Equipment (2008) Inc v. Canada (Attorney General), 2014 ABQB 154.
Nipshank v. Trimble, 2014 ABQB 120.
Orr v. Fort McKay First Nation, 2014 ABQB 111.
Holzbauer v. Holzbauer, 2014 ABQB 96.
R. v. Kristensen, 2014 ABQB 46.
Lewis Estates Communities Inc. v. Brownlee LLP, 2013 ABQB 731.
Desjardins v. Bouey, 2013 ABQB 714.
Alberta (Director of Assured Income for the Severely Handicapped) v. Januario, 2013 ABQB 677.
Niyonkuru v. Alberta (Director of Assured Income for the Severely Handicapped), 2013 ABQB 542.
Lewis Estates Communities Inc. v. Brownlee LLP, 2013 ABQB 508.
Deguire v. Burnett, 2013 ABQB 488.
R. v. Klassen, 2013 ABQB 475.
R. v. Shrumm, 2013 ABQB 448.
Alberta (Justice and Attorney General) v. Echert, 2013 ABQB 314.
1092369 Alberta Ltd. v. Joben Investments Ltd., 2013 ABQB 310
Hur v. 726913 Alberta Ltd., 2013 ABQB 208.

PERSONAL

Canadian citizen.
Bilingual (English, French).

EDUCATION : B.A., Notre Dame College and University of British Columbia, 1963 LL.B., University of British Columbia, 1966

CALLED TO THE BAR : British Columbia, 1967; Alberta, 1977; Yukon Territory, 1977; the Court of Appeal for British Columbia and Yukon Court of Appeal, September 2006 to December 2015.

PRACTICE AREAS : As an appellate judge decided all types of commercial cases, including cases involving arbitration issues.

In practice, commercial litigation, arbitration and mediation, both domestic and international, including maritime (collision, construction and cargo), tax, combines (anti-trust), joint venture, franchising, consortium and licensing disputes, hi-tech and computer issues, including matters of intellectual property, general litigation, with particular emphasis and experience in construction, engineering and other similar technical disputes, advising on and acting as counsel with respect to environmental, waste management and native rights issues.

Appeared as counsel in all of the courts of British Columbia, Alberta, the Supreme Court of the Yukon Territory, all divisions of the Federal Court of Canada and the Supreme Court of Canada.

Appeared as counsel and acted as an arbitrator and mediator in international proceedings in Canada, France, England, United States, Hong Kong and Singapore involving parties from Eastern and Western Europe, North America, the Pacific Rim and India. The arbitrations have been both ad hoc and institutional, including proceedings under UNCITRAL Rules, the American Arbitration Association, the International Chamber of Commerce, the British Columbia International Commercial Arbitration Centre and the International Centre for Settlement of Investment Disputes (ICSID). Mediations include acting under the Commercial Arbitration and Mediation Center for the Americas (CAMCA).

Completed mediation training in a program sponsored by Center for Public Resources (CPR) – over four days, including extensive role-playing (20 hours CLE credit).

OTHER ACTIVITIES INTERESTS AND AFFILIATIONS

Sailing (Victoria to Maui race 2000), swimming, hiking (walking), cycling and music (piano, double-bass and singing)

Past Chair, Board of Directors, Vancouver Symphony Society

Past member, Board of Directors of Festival Vancouver

Member, Board of Directors, Chor Leoni Men’s Choir

Past member, Board of Directors, Bowen Island Community Foundation

Member, Royal Vancouver Yacht Club

Past Grand Senechal, Vancouver Chapter, Confrerie des Chaveliers du Tastevin

Member Vancouver Branch, International Wine and Food Society

Member Vancouver Chapter, Commanderie de Bordeaux

PUBLICATIONS AND COURSES TAUGHT:

While a judge published and spoke as follows: "Arbitral and Judicial Musings", ADRIC Canadian Arbitration and Mediation Journal 2014; "View from the Bench" 2008 (I do not have a note of the journal); 2009 - speaker at CLE "Drafting Arbitral Awards"; 2012 "the Role of the Courts in Commercial Arbitration:; 2014 - speaker at Western Canada Commercial Arbitration Society in Calgary, Alberta; 2015 - speaker at ICDR Miami International Arbitration Conference; 2015 - speaker at ICC Canada international arbitration conference in Vancouver, B.C.

While in practice published and delivered papers in the fields of commercial litigation practice and procedure, international and domestic commercial arbitration, mediation, environmental law and native issues. During the period July 1995-June 1996, he was the Hunter Professor of Arbitration and Dispute Resolution at the City University of Hong Kong.

"The Canadian Litigator's Experience with International Commercial Arbitration - One Man's Perspective", International Commercial Arbitration, Canadian Council International Chamber of Commerce, 1982

"Commercial Arbitration and International Trade", April 1982

"Practical Aspects of International Arbitration", September 1983

"The Canadian Common Law and the Concept of Amiable Composition", Arbitration, Vol.52, No.3 August 1986.

"Canada - No Man's Land No More", Journal of International Arbitration, Vol. 3, No. 2, June 1986

"Notes on Recent Canadian Legislation on Arbitration" (Co-Author, Marc Lalonde) Arbitration International, Vol. 2, No. 4, November 1986

"Sights, Centres and Practices", September 1986

"To UNCITRAL or not to UNCITRAL", September 1986

"The Arbitrator's Role in International Arbitration", November 1986

"History and Use of Commercial Arbitration", November 1986

"Alternative Dispute Resolution", November 1986

"The Better Way Within: The Reaction of Canadian Courts to Modern Needs", May 1987

"Responding to Environmental Investigations" with G.R. Switzer and W.K. McNaughton, September 1989

"Aboriginal Rights and Indian Self-Government", April 1990

"Defending Against Environmental Prosecutions", May 1990

"From the Desert to the Mountains: and Now to Avoid the Precipice", The Advocate, Vol. 49, Part 1, January 1991, page 19: with B. Thompson.

"Legal Green", C.G.A. Journal, January, 1991

"Environmental Investigations and Spill Response", Environmental Law and Business in Canada, May 1993, with W.K. McNaughton

"U.S. Commercial Law Crosses Northern Border: Good Faith and Fair Dealing" The National Law Journal September 4, 1995 page C16.

"A Precipice Avoided: Judicial Stays and Party Autonomy in International Arbitration", The Advocate, Vol. 54 Part 1, January 1996, page 63.

"The UNIDROIT Principles of International Commercial Contracts and the Growth of International Commercial Law in the Asia-Pacific Region", 1996 [to be published in the spring of 1999]

"Alternative Dispute Resolution in Non-Union Human Resource Conflicts in the Context of the North American Free Trade Agreement" Canada-United States Law Journal, Vol. 22, 1996, page 295

"Sources of Law in International Arbitration", G.M. Beresford Hartwell (ed.) The Commercial Way to Justice, 1997, page 29

"Evidentiary Issues in International Arbitration" (August 1996)

"The Commercial Arbitration and Mediation Centre for the Americas: NAFTA's Mandate for the Private Sector", Arbitration International, Vol. 13, No. 1, 1997, page 93

“International Arbitration in Canada”, Internationale Schiedsgerichtsbarkeit, ed. Prof. Dr. Peter Gottwald, GeisekingVerlag, Bielefeld 1997, page 639

“A Comparison of International Commercial Arbitration Rules: The Practical Implications”, January 1999.

“Weighing the Pros and Cons of a Fairness Arbitration”, Corporate Legal Times, Vol. 9, Number 93, page 32, August 1999, with Ian Marshall

“Harmonization and Growth of International Commercial Law in the AsiaPacific Region”, Comparative Law Yearbook of International Business, Vol. 21, 1999, page 389

“A Comparison of International Arbitration Rules: A Practical Perspective” Lawyering in the International Market, editors, Dennis Campbell, Brian Birkeland, International Business Law Practice Series, Transnational Publishers, Inc. Ardsley, New York, 1999

MEMBERSHIPS AND OFFICES HELD:

Fellow of the Chartered Institute of Arbitrators (London) and C. Arb of the Institute

Fellow of the Hong Kong Institute of Arbitrators Limited

Chartered Arbitrator of the Canadian Institute of Arbitrators

Member of the Panel of Arbitrators of the American Arbitration Association

Member, International Chamber of Commerce Commission on Arbitration; Past-Chairman, Commercial Arbitration Committee of ICC Canadian National the Committee

Member of the Panel of Arbitrators of the Chartered Institute of Arbitrators

Founding Trustee, British Columbia
International Commercial Arbitration Centre;

Member, Canadian Section Inter-America Commercial Arbitration Commission

Member of the Advisory Group on Private International Law of the Department of Justice, Ottawa

Member Ad Hoc Committee to Advise the Attorney-General of Hong Kong on Amendments to the Arbitration Ordinance

Fellow of the American College of Trial Lawyers

Fellow of the College of Commercial Arbitrators

Adjunct Professor, University of British Columbia Law School

Member, CPR Panel of Arbitrators and Mediators

Member, International Bar Association; Asia-Pacific Lawyers' Association

Chairman, Canada, United States Free Trade Agreement review panel; (FTA)

Member of the Roster of Dispute Resolution Panelists under the North
American Free Trade Agreement (NAFTA) and Chairman of panel
reviews

Hunter Professor of Arbitration, City University, Hong Kong: July 1995 - June 1996.

Member of the Canadian Roster of the Commercial Arbitration and Mediation Centre for the Americas (CAMCA)

Appointed as an arbitrator of the China International Economic and Trade Arbitration Commission (CIETAC)

Appointed as a UNIDROIT correspondent

Appointed to The Canadian Foundation for Dispute Resolution’s Advisory Board

Appointed to domain name arbitration panels of several institutions.

LIST OF ADR ASSIGNMENTS

The following is a list of arbitrations and mediations with which I have been involved either as counsel or as a tribunal member - usually as a sole arbitrator or mediator or Chairman of the tribunal. Not all cases were taken through to an award or negotiation, but all reached a stage of development sufficient to contribute to my overall experience. They are not in chronological or any other order and are reproduced based upon my recollection at the time the list was prepared. The list is representative, not exhaustive.

Location: British Columbia
Parties: Canadian
Type of Dispute: Underground sewer construction
Acting Capacity: Counsel
Administration: ad hoc

Location: Alberta
Parties: Canadian
Type of Dispute: Concrete Building Construction
Acting Capacity: Counsel
Administration: ad hoc

Location: New York
Parties: German and U.S.
Type of Dispute: Construction of Industrial Plant
Acting Capacity: Arbitrator
Administration: ICC

Location: New York
Parties: Dutch and U.S.
Type of Dispute: Construction of Industrial Plant (pressure vessels)
Acting Capacity: Arbitrator
Administration: AAA

Location: New York
Parties: Turkish and U.S.
Type of Dispute: Distribution Agreement (Food)
Acting Capacity: Arbitrator
Administration: ICC

Location: Chicago
Parties: German and U.S.
Type of Dispute: Construction of Industrial Plant
Acting Capacity: Arbitrator
Administration: AAA

Location: Boston
Parties: Singaporean (French), U.S.
Type of Dispute: Franchise and Distributorship Agreement
Acting Capacity: Arbitrator
Administration: AAA

Location: Florida
Parties: German and U.S.
Type of Dispute: Construction of Industrial Plant (turbo machinery)
Acting Capacity: Arbitrator
Administration: AAA

Location: Seattle
Parties: Italian and U.S.
Type of Dispute: Distributorship Agreement (Clothing)
Acting Capacity: Arbitrator
Administration: ad hoc

Location: British Columbia
Parties: Canadian and U.S.
Type of Dispute: Construction of a Sailing Yacht
Acting Capacity: Arbitrator
Administration: ad hoc

Location: British Columbia
Parties: Canadian
Type of Dispute: Stock Option Agreement
Acting Capacity: Arbitrator
Administration: ad hoc

Location: British Columbia
Parties: Canadian and U.S.
Type of Dispute: Distributorship Agreement (high tech products)
Acting Capacity: Arbitrator
Administration: ad hoc

Location: British Columbia
Parties: Chinese and U.S.
Type of Dispute: Warranties and Distributorship Agreement
Acting Capacity: Arbitrator
Administration: B.C.I.C.A.C.

Location: British Columbia
Parties: Canadian and U.S.
Type of Dispute: Distributorship Agreement (Food)
Acting Capacity: Arbitrator
Administration: B.C.I.C.A.C.

Location: British Columbia
Parties: Japanese and U.S.
Type of Dispute: Land Development Joint Venture
Acting Capacity: Arbitrator
Administration: ICC

Location: Seattle (Paris)
Parties: French and U.S.
Type of Dispute: Shareholders Agreement
Acting Capacity: Arbitrator
Administration: ICC

Location: British Columbia
Parties: Korean and Canadian
Type of Dispute: Ship Construction
Acting Capacity: Counsel
Administration: B.C.I.C.A.C.

Location: British Columbia
Parties: Japanese and German
Type of Dispute: Supply of Machinery Components
Acting Capacity: Counsel
Administration: ICC

Location: Paris
Parties: Canadian and Yugoslavian
Type of Dispute: Construction of Industrial Plant (Chemical)
Acting Capacity: Counsel
Administration: ICC

Location: London
Parties: Canadian (Russian) and English
Type of Dispute: Commodity Supply Contract
Acting Capacity: Counsel
Administration: London Cocoa Association

Location: British Columbia
Parties: Australian and U.S.
Type of Dispute: Franchise Agreement (Musical Instruments)
Acting Capacity: Arbitrator
Administration: ICC

Location: California
Parties: English and U.S.
Type of Dispute: Railway Rolling Stock
Acting Capacity: Arbitrator
Administration: ad hoc (AAA)

Location: Washington, D.C.
Parties: British Virgin Islands and Bangladesh
Type of Dispute: Resource Development
Acting Capacity: Arbitrator
Administration: ICSID

Location: British Columbia
Parties: Hongkong and English
Type of Dispute: Banking
Acting Capacity: Counsel
Administration: B.C.I.C.A.C.

Location: Alberta
Parties: Canadian
Type of Dispute: Commodity Freight Rate
Acting Capacity: Counsel
Administration: ad hoc

Location: British Columbia
Parties: Canadian and U.S.
Type of Dispute: Franchise Agreement (Computerized Financial Transactions)
Acting Capacity: Arbitrator
Administration: ad hoc

Location: California
Parties: Malaysian, Hong Kong, Australian and U.S.
Type of Dispute: Franchise Agreement (Food)
Acting Capacity: Arbitrator
Administration: AAA

Location: California
Parties: Australian and U.S.
Type of Dispute: Contract (Real Estate Finders Fee)
Acting Capacity: Arbitrator
Administration: AAA

Location: Hong Kong
Parties: Canadian and Hong Kong Chinese
Type of Dispute: Food Supply
Acting Capacity: Counsel and consultant
Administration: Ad Hoc and Hong Kong International Arbitration Centre

Location: Texas
Parties: Argentinian, Turkmenistanian & British Virgin Islands
Type of Dispute: Petroleum Resource Development
Acting Capacity: Arbitrator
Administration: ICC

Location: Minnesota
Parties: U.S. and New Zealand
Type of Dispute: Intellectual Property Transfer
Acting Capacity: Arbitrator
Administration: ICC

Location: Vancouver
Parties: Canadian
Type of Dispute: Business Dislocation
Acting Capacity: Counsel
Administration: ad hoc

Location: Vancouver
Parties: Canadian
Type of Dispute: Construction
Acting Capacity: Arbitrator
Administration: B.C.I.C.A.C.

Location: Singapore
Parties: Japan and Australia
Type of Dispute: Construction (petroleum plant)
Acting Capacity: Arbitrator
Administration: I.C.C.

Location: Seattle
Parties: Switzerland and U.S.
Type of Dispute: Ship construction
Acting capacity: Arbitrator
Administration: I.C.C.

Location: California
Parties: U.S. and Taiwan
Type of Dispute: Telecommunications and Intellectual Property
Acting capacity: Arbitrator
Administration: AAA

Location: Texas
Parties: Japan and U.S.
Type of Dispute: Agency Agreement
Acting capacity: Arbitrator
Administration: AAA

Location: Calgary
Parties: Canada and Philippines
Type of Dispute: Oil and Gas Consortium
Acting capacity: Arbitrator
Administration: ICC

Location: California
Parties: U.S. and Belgium
Type of Dispute: Licencing Agreement: Intellectual Property, Medical & Pharmaceutical
Research Acting capacity: Arbitrator
Administration: AAA

Location: Vancouver
Parties: U. S. and Canada
Type of Dispute: Gas Supply Contract
Acting Capacity: Counsel
Administration: BCICAC

Location: London
Parties: U.S. and England
Type of Dispute: Dissolution of Partnership
Acting Capacity: Consultant
Administration: Ad Hoc

Location: Vancouver
Parties: U.S. and Canada
Type of Dispute: Licensing Agreement - Fuel
Acting Capacity: Arbitrator
Administration: BCICAC

Location: West Virginia
Parties: U.S. and Canada
Type of Dispute: Railway Car Hire – Final Offer
Acting Capacity: Counsel
Administration: AAA

Location: Toronto
Parties: Canada and the U.S.
Type of Dispute: NAFTA Chapter 11 – investor state
Acting Capacity: Co-arbitrator
Administration: UNCITRAL Rules

Location: Chicago .
Parties: U.S. and Canada
Type of Dispute: Software design contract
Acting Capacity: Counsel
Administration: AAA

Location: Vancouver, Canada
Parties: Canada and China
Type of Dispute: Joint Venture
Acting Capacity: Counsel
Administration: Ad Hoc

Location: Atlanta, Georgia
Parties: Canada and U.S.
Type of Dispute: Distribution of chemicals
Acting Capacity: Counsel
Administration: AAA

Location: New York
Parties: U.S. and Mexico
Type of Dispute: Financial Services
Acting Capacity: Mediator
Administration: CAMCA

Location: Vancouver
Parties: Canadian
Type of Dispute: Partnership
Acting Capacity: Mediator
Administration: Ad Hoc

Location: New York
Parties: Germany and U.S (Korea)
Type of Dispute: Ship construction (conversion)
Acting Capacity: Arbitrator
Administrator: AAA

Location: Vancouver
Parties: Canadian
Type of Dispute: Compensation for expropriation
Acting Capacity: Mediator
Administration: Ad Hoc

Location: New York
Parties: Germany and U.S
Type of Dispute: Computer technology
Acting Capacity: Arbitrator
Administrator: AAA

Location: California
Parties: Italy and U.S.
Type of Dispute: Ship technology
Acting Capacity: Arbitrator
Administrator: AAA

Location: Washington
Parties: Slovak Republic and U.S.
Type of Dispute: Construction
Acting Capacity: Arbitrator
Administrator: AAA

Location: Miami
Parties: Chile and U.S.
Type of Dispute: Breach of confidentiality
Acting Capacity: Arbitrator
Administrator: AAA

Location: British Columbia
Parties: Canadian
Type of Dispute: Native land tenure
Acting Capacity: Mediator
Administration: Ad Hoc

Location: Vancouver
Parties: Canadian and U.S.
Type of dispute: Ship brokerage
Acting capacity: Arbitrator
Administration: Ad Hoc

Location: Los Angeles
Parties: Mexico and U.S.
Type of dispute: Distribution of beverages
Acting capacity: Presiding Arbitrator
Administration: AAA

Location: Los Angeles
Parties: Netherlands Antilles and U.S.
Type of dispute: Licensing Agreement
Acting capacity: Presiding Arbitrator
Administration: AAA

Location: Vancouver
Parties: Antigua and Canada
Type of dispute: Licencing Agreement
Acting capacity: Co-Arbitrator
Administration: BCICAC

Location: London
Parties: Turkey and Canada
Type of dispute: Construction
Acting capacity: Counsel
Administration: ICC

Location: London
Parties: Canada and Italy
Type of dispute: Bank Share Purchase Agreement
Acting capacity: Counsel
Administration: ICC

Location: New York
Parties: United States and England
Type of dispute: Equipment purchase
Acting capacity: Arbitrator
Administration: AAA

Location: Vancouver
Parties: Canadian
Type of dispute: Ownership of business
Acting capacity: Mediator
Administration: Ad Hoc

Location: Seattle
Parties: Brazil and United States
Type of dispute: Boat Licencing agreement
Acting capacity: Presiding Arbitrator
Administration: AAA

Location: Calgary
Parties: United States and England
Type of dispute: Oil and gas
Acting capacity: Presiding Arbitrator
Administration: Ad hoc - UNCITRAL Rules

Location: Toronto
Parties: United States and Belize
Type of dispute: Communications
Acting capacity: Presiding Arbitrator
Administration: Ad hoc - UNCITRAL Rules

Location: Houston
Parties: United States, Israel and Republic of China
Type of dispute: Oil and gas
Acting capacity: Arbitrator
Administration: Ad hoc - UNCITRAL Rules

Chaired FTA Chapter 19 bi-national panel and sat on five - two as chair - NAFTA Chapter 19 bi-national panels. Arbitrator in NAFTA Chapter 11 arbitration.

Administrative panellist in over 100 proceedings under the ICANN Uniform Domain Name Dispute Resolution Policy the STOP procedure as a sole panellist, presiding panellist and co-panellist.

Farley J. Cohen MBA, FCPA, FCA, CIRP, FCBV, ASA, CFF, FCIArb Principal | fcohen@cohenhamiltonsteger.com

Professional Experience

Farley Cohen is a founding Principal of Cohen Hamilton Steger & Co. Inc. where he specializes in business valuations and quantification of economic damages. Prior to the establishment of Cohen Hamilton Steger, he was a Managing Director in the Toronto office of Navigant Consulting’s Disputes & Investigations practice. Prior to joining Navigant Consulting, Farley was the head of Kroll's Canadian Valuation Services Group. Farley was also a partner at a prominent business valuation firm and worked for several years in the insolvency group of a major international accounting firm.

Farley has appeared as an expert witness at numerous trials in Federal and Provincial court proceedings in Canada as well as in the United States and the United Kingdom. Farley has been recognized as one of Canada’s Top Expert Witnesses by Who’s Who Legal – Consulting Experts and Lexpert/American Lawyer. Farley has written articles for legal publications and has been a speaker at seminars and law firms and is a Past Chair of the Canadian Institute of Chartered Business Valuators.

Farley has been retained as an expert, mediator or arbitrator in the following kinds of cases:

• Share/equity business valuations
• Economic/intellectual property damages
• Lost profits
• Income determination
• Fraud and due diligence investigations

Professional Career

• 2010 to current: Principal, Cohen Hamilton Steger
• 2005 to 2010: Managing Director, Navigant Consulting
• 1993 to 2005: Principal, Kroll Lindquist Avey (and predecessor companies)
• 1987 to 1993: Partner, Cole & Partners
• 1980 to 1987: Manager, Coopers & Lybrand

Education and Professional Credentials

• 2020 Fellowship Chartered Institute of Arbitrators (FCIArb)
• 2016 Certified in Financial Forensics (CFF)
• 2012 Chartered Professional Accountant (CPA)
• 2012 Fellowship Chartered Business Valuator (FCBV)
• 2011 Fellowship Chartered Accountant (FCPA, FCA)
• 2000 Specialist designation in Investigative and Forensic Accounting (CAIFA)
• 1992 Accredited Senior Appraiser (ASA)
• 1989 Chartered Business Valuator (CBV)
• 1987 Chartered Insolvency and Restructuring Professional (CIRP)
• 1984 Masters of Business Administration (MBA)
• 1982 Chartered Accountant (CPA, CA)
• 1980 Bachelor of Business Administration (BBA)

Noteworthy Cases

• Retained as an expert to assess the value of multi billion dollar real estate development equity positions, including consideration of alternative means to realize on value, effect of latent income taxes, en bloc and minority ownership positions, and responses to opposing expert reports. Results were presented in trials, mediations and arbitrations.
• Retained as an expert witness to determine appropriate discount rates to quantify the present value of future lost revenues from a repudiated long-term contract arrangement in the energy generation industry for purpose of a claim quantification.
• Retained as an expert in quantification of economic damages by a pharmaceutical company to determine losses resulting from the infringement of a drug patent. Assignment included assessment of “but for” pricing, incremental revenues and expenses, and cross border and intercompany transactions. Results were presented at trial.
• Retained as a business valuation expert by the common shareholders of a public company to determine the value of their shares. Assignment included assessing continually changing pricing and cost projections, retaining of industry expert, responding to investment bank valuations, analyzing comparable company results and trading patterns, consideration of realtime transactions and presenting of results in an understandable and objective fashion.
• Retained as an expert witness to value a major sports franchise at a date eight years prior to the proceedings. Supervised the review of thousands of documents to identify those relevant to the issues in dispute. Analyzed the financial results of this franchise and other comparable ones over a 15-year period. Carried out extensive investigation through industry journals, media searches and in-depth interviews with current and past participants in the industry.
• Assessed damages to a franchise chain resulting from the termination of approximately 60 location leases by one landlord. Analysis of individual locations included "but for" projections of revenues and profits and the assessment of benefits of mitigation efforts by the franchisees. Determined lost profits and fair market value of the franchisor and individual franchisee locations through extensive interviews and analysis of individual franchisee financial statements. Appeared at arbitration hearings and assisted in settlement negotiations.
• As an expert witness, valued numerous inter-related private companies and assessed the fair market value of their services for a matrimonial dispute. Analysis determined that profits had been intentionally shifted between companies in an attempt to understate the value of certain assets.

Selected Presentations

• “Impact of COVID-19 on Business Valuations”, Osgoode Hall Annual Recent Developments and Complex Issues seminar, May 25, 2022.
• “International Marital Estates”, International Academy of Family Lawyers, Canadian and US Chapters, February 17, 2022.
• “Discount Rates in Loss Quantification”, CBV Institute, National Congress, June 21, 2019.
• “Valuing the Professional Practice: 6 Tips and Traps”, Law Society of Upper Canada, The SixMinute Family Law Lawyer 2017, December 8, 2017.
• “Advanced Mediation Advocacy”, The Advocates’ Society, November 6, 2017.
• “The Income Statement (and Accompanying Notes) and Statement of Cash Flow”, The Advocates’ Society, Financial Literacy for Family Lawyers, April 24, 2017.
• “When You Spot Trouble - Strategies and Ethical Considerations”, Law Society of Upper Canada, Financial Accounting for Litigators, December 6, 2016.
• “Expert Reports: Ethical Considerations & Recent Cases”, 4th Annual Recent Developments and Complex Issues in Child and Spousal Support, November 13, 2014.
• “Disclosure Issues”, Law Society of Upper Canada, Property Issues in Family Law, March 20, 2013.
• “How Well Do You Know Your Case?”, The Advocates’ Society, National Expert Witness Academy, April 26, 2012.
• “Strategies for the Expert Witness: What Worked and What We’d Rather Not Talk About”, American Society of Appraisers-Canadian Institute of Chartered Business Valuators Joint Business Valuation Conference, October 4-7, 2010.
• “Changing Rules and Roles for Expert Witnesses”, CICBV/CAIFA joint presentation, Toronto, ON, April 2010 (moderator).
• “How to Value Contingent Claims arising from the Termination of Contracts”, The Law Society of Upper Canada, The Six-Minute Debtor-Creditor and Insolvency Lawyer, October 21, 2009.
• “Strategies of an Effective Expert Witness”, Eastern Regional Conference of the Canadian Institute of Chartered Business Valuators, June 19, 2009.
• “Finance Theory and Loss Quantification Reality: Establishing a Discount Rate in a Litigation Context”, National Business Valuation Conference of the Canadian Institute of Chartered Business Valuators, September 5, 2008.
• “Investigative and Forensic Accounting in Fraud and Family Law Matters”, 7th Annual Alliance for Excellence in Investigative and Forensic Accounting Conference, November 7, 2005.
• “Finding Undisclosed Income and Assets”, The Law Society of Upper Canada, November 30, 2004.
• “Valuation and Income Calculations”, Co-Chair, The Law Society of Upper Canada, October 20, 2004.
• “Show Me The Money”, Rotman School of Management, University of Toronto, November 28, 2003 and Investigative and Forensic Accounting Conference, October 28, 2003.
• “Interesting Net Family Property Issues”, The Law Society of Upper Canada, September 23, 2003.
• Mock Trial Moderator, Canadian Institute of Chartered Business Valuators Eastern Conference, June 2003.
• “Expert Witness, Friend or Foe? ….. It Depends”, Ontario Bar Association, October 2002.
• “Breaking-up Can be a Taxing Experience: Practical Tips for the Family Law Lawyer”, Ontario Bar Association, October 9, 2002.
• “Top Ten Tips in Family Law Property Issues”, Ontario Bar Association, May 28, 2002.
• “The Art of Effective Matrimonial Valuation”, Advanced Family Law & Practice, The Canadian Institute, March 5, 2002.
• “Reading and Understanding Corporate Financial Statements and Tax Returns”, Tax and Financial Issues for Family Lawyers, The Law Society of Upper Canada, March 30, 2001.
• “ADR – When and How to Use It”, Kroll Lindquist Avey, April 2000
• “Financial Statements and Business Valuations”, National Judicial Institute, February 11, 1999.
• “Business Valuation of Privately Held Companies”, Business Assets And Family Law: Valuation And Income Determination Workshop, Osgoode Hall Law School of York University, January 8, 1998 and May 29, 1998.
• “Advanced Litigation Issues and Techniques Training Session”, Lindquist Avey Macdonald Baskerville, December 6, 1997.
• “Altared States - Advising the Remarrying Client”, The Law Society of Upper Canada, June 3, 1997.
• “Oppression Remedies - Business Valuations”, Civil Litigation and Dispute Resolution, Advanced Business Litigation, The Law Society of Upper Canada, Master of Laws Program, June 6, 1996.
• “Valuation Issues In Acquisitions”, Federated Press, The 1995 Financial Executives Summit, December 6 & 7, 1995.
• Various CLE/CPE presentations to corporations and law firms.

Publications

• “Calculating execs’ spousal support can be complex”, The Lawyers Weekly, July 22, 2016.
• “Business Value as a Measure of Loss in Litigation Contexts: Reflecting Business ‘Reality’ Over Hypothetical ‘Fantasy’”, The Advocates’ Journal, Summer 2011. (Co-author)
• “Finance Theory and Loss Quantification Reality – Establishing a Discount Rate in a Litigation Context”, Journal of Business Valuation, February 2009.
• “Are Joint Experts a Good Idea in Family Cases?”, The Lawyers Weekly, March 7, 2003.
• “A Chartered Business Valuator Can be a Good Choice for Mediator”, The Lawyers Weekly, August 30, 2002.
• “Forensic Accountants Find Hidden Income, Assets”, The Lawyers Weekly, July 7, 2000. (Co-author)
• “Valuing Your Law Practice Harder Than You Think”, The Lawyers Weekly, December 20, 1996. (Coauthor)
• “Challenging Assumptions on Cross-examination Can Help Discredit an Expert Witness”, The Lawyers Weekly, September 20, 1996.
• “How Good Is Goodwill?”, Ontario Expropriation Newsletter, Spring 1996. (Co-author)

Professional Affiliations

• American Society of Appraisers (ASA)
• ADR Institute of Ontario, Inc.
• Canadian Association of Insolvency and Restructuring Professionals (CAIRP)
• Chartered Professional Accountants of Canada (formerly Canadian Institute of Chartered Accountants) (CPA Canada)
• Canadian Institute of Chartered Business Valuators (CICBV)
• Chartered Professional Accountants of Ontario (registered name of Institute of Chartered Accountants of Ontario) (CPA Ontario)
• Ontario Expropriation Association (OEA)
• Chartered Institute of Arbitrators (CIArb)

The Honourable J. Douglas Cunningham, K.C. was appointed to the Ontario Superior Court in 1991 and in his more than two decades of distinguished judicial service, he presided over hundreds of complex, high-stake trials. From 2000-2002, he was the Regional Senior Judge for the East Region, based in Ottawa, Canada. In 2002, Mr. Cunningham was appointed Associate Chief Justice of the court based in Toronto, Canada, a position he held until his early retirement from the Court in September 2012.

While on the court, Mr. Cunningham was a member of the Canadian Judicial Council where he served as a member of the Executive Committee and chaired the Administration of Justice Committee. He was also a member of the Court Martial Appeals Court and the Pension Appeals Board.

Throughout his judicial career, Mr. Cunningham focused on complex civil litigation matters and as well was regularly called upon to mediate challenging high-stakes cases. His reputation for success in settling cases is well known throughout the Ontario bar and beyond.

In 2012, Cunningham Dispute Resolution Services Ltd. was founded and since 2016, Mr. Cunningham has been a resident arbitrator and mediator at Arbitration Place based in Toronto and Ottawa with retainers across Canada and internationally. In this role, he leverages his extensive experience in the service of counsel and parties looking for fair, creative and efficient resolution of their disputes.

Mr. Cunningham has a unique ability to not only understand the legal issues but also to quickly appreciate the dynamics and the interests of the parties involved in a dispute. A quick study, he is a patient, thoughtful listener whose creativity in fashioning results in complex cases is well known and appreciated.

In addition to his busy arbitration and mediation practice, Mr. Cunningham has regularly been called upon by both the Federal and Provincial governments to conduct important and timely assignments. These include the Mississauga Judicial Inquiry, the review of Tarion Corporation, a review of the dispute resolution mechanisms under the Insurance Act, a review of elevator availability problems in Ontario, and most recently as a member of a three-person panel reviewing issues within the Ontario Provincial Police force.

Mr. Cunningham is a graduate of Western University (Huron College) and Queen’s University Law School. Called to the bar in 1969, he was appointed a King’s Counsel in 1980 and designated a specialist in civil litigation in 1990. In 2013, he received an honourary LL.D. from the Law Society of Upper Canada. Mr. Cunningham as well has attended the Harvard and Cornell universities mediation programs.

Mr. Cunningham has arbitrated and mediated a wide variety of cases since 2012. These include business/commercial disputes (including high-tech), class action litigation, employment, construction, estates, insurance, professional liability (legal, medical and accounting), securities, serious personal injury and entertainment/sports disputes. As well, Mr. Cunningham has successfully mediated a number of clergy abuse cases across Canada.

DODOKIN LAW & CONFLICT RESOLUTION

FCIArb,Q.Arb.,LL.B, LL.M., Q.Med. (Lawyer/Mediator/Arbitrator)

https://dodokinlaw.com
https://arbitrationandbusinesscases.ca
Linkedin.com/in/robindodokin

Practice Summary

I am an arbitrator, mediator, and litigator. I have represented clients at arbitration, and I have been appointed to arbitrate commercial disputes. I am a Fellow of the Chartered Institute of Arbitrators and a member of the Roster of Arbitrators at Arbitration Place. I have expertise in commercial, shareholder and family enterprise disputes and insolvency matters. My legal practice encompasses representing, business owners, shareholders, companies, creditors, financial institutions, debtors, court appointed officers and individuals in commercial litigation and insolvency matters. I have appeared at all levels of the courts in Ontario with extensive experience in the Toronto Commercial Court. I have mediated disputes relating to contracts, business partner and shareholder disputes, negligence, family businesses, and employees. I have expertise in virtual proceedings.

More Details

I started practicing law 1993 as an associate, and then as a partner in a mid-size law firm in Toronto. In February 2017, I founded my own law firm, Dodokin Law & Conflict Resolution which offers legal, mediation, and arbitration services.

My legal experience includes representing parties in commercial litigation and insolvency proceedings on many kinds of matters including, business and contractual issues, shareholder and oppression remedies, bankruptcy and insolvency issues, enforcing creditor’s rights, enforcing statutory and contractual rights and remedies, determining priorities, pursuing fraudsters, tracing funds, obtaining injunctive relief including orders to preserve and freeze property, setting aside fraudulent conveyances or preferential transactions. I have also represented court officers in the context of court appointed receiverships that involve locating assets, running claims and sales processes, tracing funds, resolving, or commencing litigation, and providing legal opinions.

I have represented parties at commercial arbitration. I have been appointed as arbitrator in ad hoc arbitrations involving commercial, contractual and shareholder disputes. Ensuring the process is tailored to the parties’ circumstances and disputes and is efficient, and fair is of the upmost importance to me.

Over the years, I have also been appointed to mediate many kinds of disputes between business partners, shareholders, beneficiaries and other litigants about contracts, business operations, succession plans, torts, and estate issues. I have also facilitated business meetings and communication workshops for enterprising families looking to avoid litigation and preserve or repair relationships.

I have been asked to speak on topics relating to conflict resolution, mediation, arbitration, and family enterprises and change by the ADR Institute of Canada, Ontario Bar Association, Society of Trustee and Estate Practitioners, Family Enterprise Canada, and Business Associations.

Education

• LL.M. Alternate Dispute Resolution (Osgoode Hall Law School) 2014
• Call to Ontario Bar – 1993
• LL.B. (University of Windsor) - 1991
• BA (University of Toronto) (Economics & Political Science) – 1987

Professional Training

• Chartered Institute of Arbitrators- Fellow ( FCIARb.)
• Arbitration Training (Gold Standard Course) (Toronto Commercial Arbitration Society)
• Trust Law Course (STEP)
• Navigating Family Systems Theory
• Family Business Advisor Certification (Family Firm Institute)
• Advanced Mediation Training (Center for Dispute Settlement)
• Ombuds Training (International Ombudsman Association)
• Mediation Training (Harvard Negotiation Institute)
• Coach Training (Coaches Training Institute

Professional Affiliations

• Law Society of Ontario
• The Chartered Institute of Arbitrators-Fellow and Director of Canadian Branch
• ADR Institute of Canada - Member
  Toronto Commercial Arbitration Society- Member
• The Advocates Society- Member
• Ontario Bar Association

Volunteer Work

• Volunteer Arbitrator at the 2022 Vis Moot Competition
• Director Canada Branch- Chartered Institute of Arbitrators and Newsletter Editor
• Co-Chair Toronto Branch -Chartered Institute of Arbitrators
• Past Chair and member of the Ontario Bar Association- Insolvency Law Section
• Member of the Ontario Bar Association -ADR Section Executive
• Former member of the Toronto Commercial Court Users Committee

John A.M. Judge

Arbitrator and Barrister
London Chambers: Arbitra International,
Juxon House, 100 St. Pauls Churchyard, London UK EC4M 7E1
Tel: +44 (0) 7930 342 588 (Owen Lawrence)
www.arbitra.co.uk
Toronto Office: Arbitration Place,
Bay Adelaide Centre, 900-333 Bay Street,
Toronto, ON M5H 2R2,
Tel: 416 848 0203
www.arbitrationplace.com
E: jjudge@judgearbitration.com Mobile: 416 473 7399

Background Law Practice

John Judge is an Arbitrator and Barrister with Arbitra International, a new arbitrator chambers in London, England and a Resident Arbitrator and Mediator at Arbitration Place in Toronto, specializing in international and Canadian domestic arbitration. He launched his independent practice as an arbitrator in 2013 after 35 years of counsel practice at Stikeman Elliott LLP in Toronto where he was a senior partner. He was a founding Resident Member of Arbitration Place (Toronto). He was also a Member Barrister at 39 Essex Chambers (London) for 7 years until 2020 when he joined Int-Arb Arbitrators. In May 2021, he joined Arbitra International.

Mr. Judge has over twenty years of experience in international commercial arbitration as arbitrator. He has sat as a sole arbitrator or as chair on many substantial international arbitrations through the International Chamber of Commerce, Paris, the London Court of International Arbitration, the International Centre for Dispute Resolution (the international arm of the American Arbitration Association), SIAC (the Singapore International Arbitration Centre), the BCICAC (British Columbia International Commercial Arbitration Centre) as well as on substantial ad hoc arbitrations. He has been appointed to the arbitration panels of the ICDR, SIAC and the KLRAC, now the Asian International Arbitration Centre. He has been appointed as arbitrator by states and state owned entities as well as by some of the largest mining, oil and gas and wind energy companies in the world. He has also sat as arbitrator on a wide variety of domestic arbitrations of commercial disputes including joint venture and shareholder disputes, intellectual property, construction and related insurance disputes, telecom disputes, gas royalty and lease rent rate disputes. Mr. Judge has also acted as a mediator to assist parties in settling their disputes in a wide variety of cases.

As counsel, he has appeared before trial and appellate courts, including the Supreme Court of Canada, domestic and international arbitral tribunals as well as administrative tribunals including human rights tribunals. He has acted for and against government entities. His recent counsel work has been restricted to court proceedings arising from the conduct of international arbitrations, including applications for the enforcement of ICSID awards and the London International Arbitrator Toronto setting aside of a significant NAFTA award. He is well versed in all forms of injunctive and preemptive interim remedies. As many of his cases involved international issues, he is adept in coordinating cross-border disputes and effectively dealing with jurisdictional issues. Many of his disputes involve issues of interpretation and application of complex contracts under the governing laws of various jurisdictions including England, New York, Texas, Kansas, France, Germany, Venezuela, Peru, Guatemala, Mozambique, United Arab Emirates, Yemen and Singapore, in addition to the Federal and provincial jurisdictions in Canada.

His breadth of experience includes shareholder and partnership disputes, corporate and commercial transactions, banking, insolvency, insurance and reinsurance claims, and civil fraud investigations and claims. His experience as arbitrator or counsel in large engineering and construction disputes and arbitrations ranges from complex industrial plants and facilities including sophisticated cogeneration and hydro-electric facilities, nuclear generation and waste disposal facilities, oil and gas facilities and pipelines, offshore drilling platforms, complex petrochemical plants including copolymer and aromatics plants, mines and gold milling plants, airport facilities, paper mills to air-separation plants, as well as commercial buildings and residential projects including condominium and apartment buildings. He has also handled related product liability and professional negligence disputes involving large industrial equipment in respect of performance guarantees, catastrophic failures causing significant damage and related insurance issues.

In the expanding technology area, he has handled a wide variety of technology disputes related to outsourcing, software development, IP licensing, software implementation, Internet and domain name issues. His experience encompasses disputes over the purchase and sale of real estate, joint venture developments, mining properties including mining royalty disputes, commercial and industrial projects, mortgage enforcement and loan work-outs, receiverships and CCAA restructurings.

He has acted in investor-state disputes, having advised Canadian mining companies with respect to mines located in foreign states and has also acted for investors in the enforcement of international awards in Canadian courts.

Peer Recognition

His expertise has been recognized nationally and internationally:

• Chambers and Partners, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2022 ranked in Canada for Dispute Resolution: Arbitration (Band One), and Dispute Resolution: Most in Demand Arbitrators in Canada (Band One) with the following comments:
  • “John Judge is a skilled neutral with experience handling both international and domestic disputes. He splits his time between Canada and the UK, and is frequently appointed to sit in cases arising out of the mining, technology, energy and finance sectors. A source says: ‘I appointed him because he’s very thoughtful and a smart arbitrator.’” (Chambers Global 2021)
  • “Praised as "a very good low-key neutral," John Judge operates a diverse arbitration practice and is a popular choice as counsel for mining disputes, where reportedly "clients themselves consider him an expert in the field." Splitting his time between Canada and the UK, he is regularly appointed to sit in complex domestic and international disputes, including those in the energy, technology and financial services sectors, among others.”(2020)
  • “is a highly experienced commercial arbitrator who garners praise as a "very capable and thoughtful practitioner who certainly has a great international practice." He is often appointed in corporate and commercial cases under both ad hoc and institutional rules. He is further noted for his expertise in technology disputes”(2019).
  • “He is regarded as a ‘first-class lawyer’ and ‘an excellent arbitrator’. His experience encompasses international arbitrations across a variety of industry sectors”. (2017)
  • “The highly respected John Judge of Arbitration Place is ‘right at the very top’ for international arbitration. He is involved in a wide variety of disputes, including arbitrations involving the mining, oil and gas and technology sectors”. (2014)
  • “high-lighted for his dedication and ‘thoughtful and practical’ approach. He acts both as arbitrator and as counsel in international and domestic arbitrations, and clients say: ‘He provides options which enable us to make the best choices for our business.’" (2013)
  • “lauded for his dedication and experience. ’He’s fabulous – he’s very active internationally and is very active in promoting international arbitration and promoting Canada as a venue’”. (2012)
• International Who’s Who of Commercial Arbitration 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2022.
• Who’s Who Legal: Canada 2012 and 2013 for three areas of specialty, Arbitration, Commercial Litigation and also Insurance and Reinsurance, and in 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022 for Arbitration
• The Legal 500 Asia Pacific 2016 ranked as Tier 1 in Energy International Arbitration with the following commentary:
  • “A very competent, hardworking and approachable barrister:
• The Canadian Legal Lexpert Directory 2012, 2013, 2015, 2016, 2017, 2018, 2019 and 2020 as a leading practitioner most frequently recommended in International Commercial Arbitration
• Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (2012, 2013, 2017, 2018, 2019, 2020, 2021 and 2022) for International Arbitration
• The 2012 PLC Which Lawyer? for Dispute Resolution
• Dispute The Best Lawyers in Canada 2013, 2014, 2015, 2016, 2017, 2018, 2019 and 2020 for Alternative Resolution and International Arbitration

Mr. Judge is AV® Peer Review Rated according to Martindale-Hubbell (Very High to Preeminent), its highest level of professional ranking.

Recent Arbitration Experience

By reason of his experience as arbitrator and counsel, John is well versed in the accepted procedures and practices for the conduct of domestic and international commercial arbitrations to ensure the enforceability of an award.

• (i) As Arbitrator
  • Appointed as a sole arbitrator in an arbitration between a BVI company and a Cayman Islands company regarding an investment agreement governed by BVI law involving crypto currency investment funds and the impact of the insolvency of a parent company, with the arbitration seated in Toronto.
  • Appointed as a party nominated arbitrator by a London based global mining company as majority shareholder in one of the world’s largest gold and copper mines located in Asia in a dispute with a minority shareholder, arising under an earn-in agreement to be determined under Canadian law with a Canadian seat.
  • Appointed as a party-nominated arbitrator by the Canadian subsidiary of a large French corporate group in an ICC arbitration seated in Toronto against an American engineering company with respect to the engineering and construction of a large facility for processing pulses into protein with substantial claims and counterclaims (sitting with Rt. Hon. B McLachlin).
  • Appointed by the LCIA Court as chair of an LCIA arbitration in a dispute governed by Irish law between a nationalized Irish banking corporation as claimant and a Luxembourg company and a French company as respondents in a complex insurance dispute for coverage and indemnity in respect of significant investment claims against the Claimant bank (sitting with Lord Mance).
  • Appointed as presiding president of an ICC arbitration seated in London for a dispute between a major Hollywood film studio and a London UK corporation for breach of a licensing agreement in the use of intellectual property related to the development of a major theme park in the UK.
  • Appointed as Chair of a Combined Integration Dispute Board for a long term, multi-billion dollar subway project in Toronto involving numerous contractors and a provincial government agency responsible for regional public transportation in the greater Toronto area.
  • Appointed as a party-nominated arbitrator by the Canadian subsidiary of a large Saudi energy company in an ad hoc dispute with a Canadian subsidiary of an American parent company with respect to a large electricity storage facility and an electricity supply agreement.
  • Appointed as chair of an ICC arbitration between an American company and a Korean company regarding a dispute over a contract for the supply of testing kits for covid-19, subject to Delaware law and seated in Delaware (with John Fellas and Juliet Blanch).
  • Appointed as a party-nominated arbitrator in an ad hoc arbitration seated in Vancouver regarding a substantial dispute under a development agreement for the zoning and valuation of a prime development property in Vancouver.
  • Appointed presiding president in an ICC arbitration seated in Geneva between two of the largest global wind energy companies, a Spanish subsidiary of the large German conglomerate and an American subsidiary of a large American Fortune 500 company regarding a commercial cross-licensing patent dispute related to patented technology for use in wind power generation turbines (with Judith Gill QC).
  • Appointed as a party nominee in an ad hoc mining dispute between a US corporation which owns and operates a coal mine in Canada and a Canadian provincial power authority with respect to a commercial dispute involving issues of force majeure and termination of a supply agreement.
  • Appointed as a party nominee in an Ontario ad hoc arbitration between a large public gold mining company and a mining royalty company in a gold royalty dispute involving a newly producing gold mine.
  • Appointed as a Sole Arbitrator in an ad hoc arbitration between a Canadian provincial power authority and an independent hydro power producer regarding a dispute over breach of three electricity purchase agreements for three separate power generation projects, with issues of force majeure arising from the impact of the Covid-19 pandemic.
  • Appointed as a party nominated arbitrator in an ICC arbitration seated in London in a shareholder dispute between two Russian businessmen and their companies regarding the operation of a B.V.I. corporation for the investment in and development of a satellite network
  • Appointed as a party nominee by the Nigerian subsidiary of a European oil and gas company in an arbitration with a Nigerian state-owned entity for breach of a joint operating agreement for the development of an offshore oil and gas field, with the arbitration seated in Lagos, Nigeria.
  • Appointed as co-arbitrator in an ad hoc dispute between a major Canadian law firm and a departing partner regarding the interpretation of a partnership agreement and the determination of partnership withdrawal payments.
  • Appointed as a party nominated arbitrator in a series of seven LCIA arbitrations seated in London between the Greek and Turkish subsidiaries of a large Canadian gold mining company and a Swiss trading company regarding disputes in respect of seven off-take agreements for the production at the Greek and Turkish mines.
  • Appointed as Chair of an ICC Tribunal in a substantial arbitration seated in London between a Ghana-based power generation company and a South African engineering and construction company regarding claims arising from design and construction of a 350 MW combined cycle gas power plant with a wide array of claims and cross-claims of approx. USD 235 million (sitting with Andrew White QC and retired Judge Cloete, S.A.).
  • Appointed as Chair of an ICC Tribunal in a substantial arbitration between Dutch affiliates of a large Brazilian oil company and a Brazilian engineering company for the design and build of production modules for eight FPSO vessels for use in a multi-billion dollar oil and gas deep-water project off the coast of Brazil, with claims and cross-claims in excess of USD 653 million (New York seat, with Brian King and Marc Goldstein)
  • Appointed as Sole Arbitrator in an ICC arbitration seated in Atlanta between a large American company and a large Chinese company relating to the termination of a long term supply agreement following a sale and acquisition of the American entity.
  • Appointed as a Sole Arbitrator by a large Swiss Based international mining and trading company and a large Canadian mining company in an ad hoc arbitration regarding a royalty dispute in respect of production for a substantial Peruvian mine.
  • Appointed as party nominated arbitrator in an ad hoc mining arbitration between Canadian public mining companies and their Australian subsidiaries regarding a royalty agreement and right of first refusal in respect of an Australian gold mine.
  • Appointed Sole Arbitrator in a substantial ad hoc arbitration in excess of $100 million in a joint venture mining dispute between American and Chinese owned Canadian subsidiary corporations regarding the development, construction and operation of a substantial iron ore mine in Quebec
  • Appointed as co-arbitrator in a BCICAC arbitration between a Hong Kong based mining company and a Canadian mining company regarding the acquisition of a gold mine located in Ecuador. (with chair Jean Kalicki).
  • Appointed as co-arbitrator in an ICC arbitration seated in Paris between a Middle Eastern state with its relevant ministry and private corporate entities from another Middle Eastern state regarding disputes arising from an oil and gas joint production and sharing agreement and issues of force majeure during civil unrest and war (with W. Peter and K. Hober)
  • Appointed as a party nominated arbitrator by large multinational oil companies in an ad hoc arbitration involving a Canadian provincial government relating to a gas royalty dispute with claims in excess of CAD $ 500 million. (with V.V.Veeder QC, chair and W Rowley QC).
  • Appointed Chair of an ad hoc domestic arbitration in a mining dispute between two public mining companies regarding joint venture and custom milling agreements.
  • Appointed Chair of an ICC Tribunal for a substantial joint venture dispute seated in New York and governed by English law between a large Venezuelan engineering firm and a large public German engineering and manufacturing group regarding a Venezuelan petrochemicals by-product facility (with co-arbitrators Benno Kimmelman and Andrew White Q.C.)
  • Appointed as Chair of an ICC arbitration seated in London between an Australian technology services company and a large multinational mining company regarding a dispute in connection with services provided for a large African mining operation.
  • Appointed Sole Arbitrator in an ad hoc domestic arbitration between a junior mining company and the Canadian subsidiary of an Australian mining company with respect to an option and development agreement for an Ontario gold mining property.
  • Appointed as a party nominated arbitrator in a SIAC arbitration, seated in Singapore under Singaporean law, between a large KoreanFrench joint venture and an American corporation for the design and construction of an aromatics plant in a substantial industrial refinery project in Korea with claims based in breach of contract and fraud.(with H. Heilbron QC and D. Jones)
  • Appointed as a chair of an ICDR arbitration seated in Houston involving a dispute between American subsidiary corporations of large South Korean and Chinese corporations involving substantial amounts claimed and counterclaimed regarding the design and manufacture of ten large oil rigs and platforms for use in the Gulf of Mexico under contracts governed by Texas law.
  • Appointed as Sole Arbitrator in an ADRIC arbitration between the Canadian subsidiary of an American engineering company and a German company regarding the alleged negligent design, construction and operation of a large waste management facility in Toronto
  • Appointed Sole Arbitrator in an ICC arbitration seated in New York governed by New York law for a dispute between a Spanish company and a Chinese corporation regarding the purchase and sale of shares and assets of a Chinese silicon manufacturing company.
  • Appointed as party nominated arbitrator in an ad hoc insurance coverage dispute involving London insurers and a Caribbean state owned electric facility regarding a catastrophic failure and loss at the island state’s sole power plant.
  • Appointed as Emergency Arbitrator by the ICDR regarding an application for emergency interim measures in a dispute between the Gulf Cooperating Council and ICANN regarding the proposed delegation of generic top level domain name, which dispute was governed by California law.
  • Appointed Chair of an ad hoc UNCITRAL arbitration in an oil and gas royalty dispute between a large British based gas corporation and American oil companies over interests in a large oil and gas field in Kazakhstan (seated in Calgary, governed by Alberta law)
  • ICC Arbitration – acted as a co-arbitrator in a substantial ICC arbitration claim between a public Canadian forestry company and a large German corporation for breach of contract, and related insurance issues, in the supply of large industrial machinery by the German supplier for a plant in Northern Ontario, which allegedly caused a catastrophic fire and damages of $60 million. (with chair VVVeeder QC)
  • Appointed as sole arbitrator in a large ad hoc telecom dispute between large Canadian telecom companies arising from a complex M&A transaction.
  • Appointed as a Sole Arbitrator in an hoc arbitration by major Canadian telecom companies regarding a dispute over the management and use of dark fibers within a major fiber optic telecommunications cable network, including complex jurisdictional issues within the arbitration.
  • Appointed as a co-arbitrator in an LCIA arbitration of a dispute arising between foreign owned Kazakh entities in respect of the design and construction of a major oil rig for use in the Caspian Sea.
  • Appointed by LCIA Court as an arbitrator in a dispute amongst an owner, contractor and subcontractor in respect of the design and construction of a liquefied natural gas terminal in Canada.
  • Appointed as a Sole Arbitrator in an ICC arbitration between a Bahraini company and a Texas company regarding the supply of a sophisticated pharmaceutical manufacturing plant and equipment for operation in Bahrain, governed by Texas law with claims based in breach of contract and fraud.
  • Appointed Chair of an ICDR arbitration seated in New York between a large American chemical manufacturer and a large French manufacturer relating to a supply swap agreement governed by New York law.(with co-arbitrator John Townsend)
  • Appointed as a party nominated arbitrator in an ad hoc UNCITRAL arbitration by state owned entities of the United States and the state London International Arbitrator Toronto of Malawi in a dispute with a Danish company over a major infrastructure project.
  • Appointed as a party nominated arbitrator in an ad hoc arbitration between a large Canadian municipality and a waste management company regarding a dispute involving the operation of a waste management facility.
  • Appointed as Sole Arbitrator in an ad hoc pension dispute involving a senior corporate executive and the Canadian subsidiary of a large international consulting firm regarding the entitlement to various pension benefits.
  • Appointed Sole Arbitrator in an ICC arbitration seated in New York between a well-known American plane manufacturer and Dubai based parties regarding a jet plane lease dispute governed by Kansas law.
  • Appointed as a Sole Arbitrator in an ad hoc arbitration between an Ontario municipality and an alternative energy company regarding a claim for force majeure in connection with the construction of wind turbines pursuant to a lease of lands in Northern Ontario.
  • Appointed by the ICDR as Sole Arbitrator for a franchise arbitration seated in Toronto between a Canadian subsidiary of a large international corporation and a Toronto based franchise holder.
  • Appointed an Expert by the ICDR for an Expert Determination in an ICANN gTLD String Confusion Objection Dispute between two large American technology companies with respect to a determination in respect of alleged confusion between two new applied for generic top level domains to be issued by ICANN.
  • Appointed as a co-arbitrator in a Dubai arbitration under the rules of the Dubai International Arbitration Centre for a project management dispute between two prominent companies for a major high profile project in Dubai.
  • ICC Arbitration – co-arbitrator in fundamental breach of contract claim between Canadian and English corporations for large industrial machinery manufactured in Canada for installation at a U.K. plant.
  • Appointed as Sole Arbitrator in an ad hoc arbitration involving a software development and implementation dispute between a Canadian software company and an American radio broadcasting company
  • Appointed Sole Arbitrator in connection with an ad hoc domestic arbitration pursuant to a commercial lease regarding the determination of rent for a lease extension involving a major Toronto property developer and a commercial tenant.
  • Acted as co-arbitrator in an international ad hoc arbitration regarding a private equity investment dispute governed by El Salvador law between a Canadian investment firm and an El Salvador manufacturing business which had moved from Ontario. Issues related to fundamental breach of agreements and repudiation in the context of certain put rights
  • Appointed sole arbitrator in an ad hoc arbitration for a joint venture contract dispute between the Canadian subsidiaries of a foreign based developer and an American financial institution which involved a high profile development property at Bloor and Yonge Street in the heart of Toronto.
• (ii) As Counsel
  • Lead counsel to American investors, Bilcon of Delaware Inc. and its shareholders in successfully resisting a Canadian Federal Court application by the Government of Canada to set aside a NAFTA award on jurisdiction and liability in favour of the American investors. Decision of the Federal Court released May 2018, and reported as Canada (Attorney General) v. Clayton, 2018 FC 436 (CanLii)
  • Lead counsel for Crystallex International in the Superior Court of Ontario for the recognition and enforcement of a US$ 1.2 billion award rendered against the state of Venezuela. Decision reported as Crystallex International Corporation v Bolivarian Republic of Venezuela, 2016 ONSC 4693 (CanLII)
  • Appointed as lead Canadian counsel in a dispute involving a Canadian agency and a Middle Eastern state with respect to a major arms contract and the prospective enforcement proceedings in Canada.
  • Counsel to Korean companies in responding to an application in the Superior Court of Ontario to set aside an international commercial arbitration award delivered in Toronto regarding an African mining project involving a joint venture company in which a Canadian public mining company has an interest.
  • Counsel to a Canadian corporation and its HNW owner in a London Maritime Arbitrators Association arbitration against an Italian yacht manufacturer regarding breaches of a contract with respect to the design and build of a super yacht.
  • Counsel to a Canadian public mining corporation with respect to the enforcement issues in Ontario for an ICSID Award obtained by a Turkish company against the Kyrgyz Republic and its state owned entity which owned shares in the Canadian mining company.
  • Counsel to a Canadian public mining corporation in connection with an investor-state dispute involving mining operations in a Central American country.
  • Counsel to a French nuclear power organization in a large contract dispute and arbitration with Atomic Energy of Canada Limited over development and installation of certain nuclear medical isotope waste facilities. The case involved difficult issues of contract interpretation and complex evidence regarding nuclear engineering and processes related to claims for fundamental breach of contract in the construction of the nuclear waste facility.
  • Counsel for a Canadian Olympic athlete when her selection to Canada’s summer Olympic Team was challenged in an arbitration under the SDRCC, successfully resisting the challenge.
  • Counsel to a large international software company in an ad hoc arbitration over alleged fundamental breach of contract for an enterprise business software license and implementation agreement.
  • Co-counsel in an LCIA arbitration seated in London for a Canadian investment corporation in an investment contract dispute with a Ukrainian corporation over a property development in the Ukraine.
  • Counsel to a Dubai Engineering company in an ad hoc arbitration against an Ontario corporation for breach of contract in connection with a supply agreement

Mediation Experience

Mr. Judge also acts as a mediator of commercial disputes, having acted in dozens of mediations, not only as counsel but also as mediator. He is experienced in the use interestbased and principled-based mediation techniques to achieve a high level of success in the resolution of commercial disputes. His lengthy experience as counsel and also as arbitrator assists in providing insights into the dynamics of complex commercial disputes and the interplay of the legal, commercial and interpersonal\emotional issues which drive disputes and impede negotiated resolutions. As mediator, he works with the parties and their counsel in advance of the mediation to ensure adequate and timely disclosure of forensic facts, documents and legal positions relied upon by the parties in support of their case, as well as the confidential disclosure of important underlying factors which may affect negotiation dynamics, including authority to settle and insurance. He requires sufficient advanced disclosure of material aspects of the case of each party to be able to assess the strengths and weaknesses of the case of each party, their respective interests underlying the dispute and potential barriers to settlement, including missing parties, outstanding information, cultural differences and biases, and any cognitive or emotional issues which may affect the approach by the parties to a negotiated resolution.

His mediation experience encompasses disputes in the following areas: commercial contracts; licensing disputes; shareholder and partnership disputes; complex construction and engineering disputes; insurance coverage disputes; reinsurance disputes; technology and product liability disputes; professional negligence matters; real estate development disputes. His broad dispute experience in key industries such as mining, oil and gas, construction, engineering, and technology also enables him to more effectively mediate and resolve disputes related to these industries.

Industry Experience

Mining, Oil and Gas, Energy – Commercial oil and gas disputes involving joint ventures, shareholder agreements and other commercial agreements including supply, pricing and swap agreements, royalty agreements, leases, well operating, facility processing and transportation agreements and disputes in relation to power purchase agreements within co-generation projects. Also significant experience in an array of mining disputes including mining properties (gold, copper, iron ore), mining and milling operations, off take agreements, royalty and pricing agreements, and commercial investment, joint venture and shareholder agreements involving major and junior mining companies and substantial projects in Canada, the United States, the Middle East, Latin and South America, Africa and Australia.

Construction, Engineering, Infrastructure, Real Estate – a wide variety of construction and engineering disputes in relation to complex industrial plants including sophisticated gas-fired cogeneration and hydro-electric facilities, petro-chemical plants and facilities, nuclear facilities, mines and gold milling plants, iron ore mills, paper mills and air separation plants, as well as design and construction of commercial, government and residential buildings and complexes. Project finance disputes in relation to power generation facilities and real estate development. Acted in a wide variety of real estate development disputes, including joint ventures and partnerships, financing and contractor disputes, leasing disputes including rent rates determinations on lease extensions and has acted as lead counsel for a major Toronto development, construction and property management company.

Technology and Telecommunications – disputes in relation to software development, licensing, and enterprise implementation; outsourcing; business disputes involving technology and telecommunication companies, shareholders, joint ventures, partnerships, strategic alliances as well as matters relating to privacy, confidentiality, licensing and commercialization of IP, electronic commerce and the internet, including domain name disputes.

Insurance and Reinsurance – commercial insurance disputes (including property, D&O, energy, professional liability, product liability, environmental) and excess coverage disputes, including Bermuda form policies. Also acted in reinsurance disputes and brokerage disputes.

Banking, Investment, M&A – a wide variety of banking, finance and private equity disputes in sophisticated transactions; disputes arising from mergers and acquisition; corporate, shareholder, partnership and joint venture disputes.

Transportation – disputes involving airplane leases, cargo losses with carriers by air, truck and ship, maritime accidents; engineering, design and manufacture of rail and subway cars.

Professional Activities

As an arbitrator, Mr. Judge is a Fellow of the Chartered Institute of Arbitrators (FCIArb); member of London Court of International Arbitration (LCIA); past Vice-President of its North American Users Council(2007-2013); ICC Canada, past member of the Executive; member of the Institute for TransNational Arbitration, Dallas (Advisory Board Member); Panel Member for the International Centre for Dispute Resolution (international arm of the AAA); Panel Member of the Singapore International Arbitration Centre and also for the Kuala Lumpur Regional Arbitration Centre, now the Asian International Arbitration Centre. He is a Member of ICCA, the International Council for Commercial Arbitration, The Hague. He is a founding member of the Arbitration Roundtable of Toronto and the Toronto Commercial Arbitration Society, for which he is a Past Chair. He has become a member by invitation of the London International Arbitration Club. He is also a founding Member of Arbitration Place in Toronto.

Mr. Judge is a member of The Advocates’ Society (past director 1987-89, 1992); Canadian Bar Association; and International Bar Association. He was a director for fourteen years and past president (2006-2007) of The Sopinka Cup Society, sponsor of the Canadian National Trial Advocacy Moot Competition for law schools; past instructor at the annual Osgoode Hall Intensive Trial Advocacy Program, Toronto.

Publications & Speaking Engagements

Mr. Judge has written many articles and spoken on a wide variety of legal and advisory issues, including:

• Keynote Speaker, Dispute Symposium by Keating Chambers and Worshipful Company of Arbitrators, presentation on Canadian Dispute Resolution, London, UK, December 2022.
• Juris Conference on Virtual Hearings, panel presentation on perspective of arbitrator in a virtual hearing, May 2020
• ICC UK Webinar, Presentation on Conduct of Virtual Hearings, April 2020.
• London International Arbitration Supper Club, Keynote Speaker at the inaugural New York City dinner, February 2020.
• London International Disputes Week, May 2019, Latham & Watkins Energy Disputes Conference, presentation on Gas Price Review Arbitrations.
• Toronto Commercial Arbitration Society, May 2019, presentation on Commercial Arbitration in Toronto: Past, Present and Future.
• 39 Essex Chambers Energy Conference, London, UK, 27 September 2018, Damage Issues in International Arbitration
• CDR Spring Arbitration Symposium, London, UK, 26 April 2018, “Who Owns the Arbitration”, speaker providing perspective of the arbitrator.
• Author of “Arbitral Advocacy”, a chapter in “A Practitioner’s Guide to Commercial Arbitration”, ed. M Huberman, Irwin Law, 2017
• The Advocates Society Program on Arbitral Advocacy, Guest Speaker on Advocacy from the Perspective of the Arbitrator, Toronto, November 2017 and 2014.
• Osgoode Professional Development Certificate Program in Construction Law (5 day program), lecturer on arbitration of construction disputes, Toronto, November 2014.
• Foundation for International Arbitration Advocacy, guest lecturer\arbitrator in arbitral advocacy program for associate lawyers in international arbitration, London, November 2014
• Atlanta International Arbitration Society conference on Africa Related International Arbitrations, speaker on International Arbitration in Mining and the Extractive Industries, November 2014
• Moderator and Speaker on Current International Commercial Arbitration Issues, Conference with Kuala Lumpur Regional Centre for Arbitration and 39 Essex Street Chambers, Kuala Lumpur, September 2014
• Practising Law Institute, International Arbitration 2013 Conference, speaker on Arbitrator Deliberations, New York, June 2013
• The Eighth Annual Fordham Law School Conference on International Arbitration and Mediation, speaker and author on “The Impact of Technology on the Nature of Substantive Claims Asserted in International Arbitration”, New York, April 2013.
• Keynote Speaker, Commercial Arbitration in Toronto: The Past, The Present, and The Future Challenges, ASAP Arbitration Place, Toronto, January 2012
• ICC Canada Conference Program, It’s Time For a Fresh Look at Canadian Arbitration Legislation, speaker on Interim Measures, Ottawa, October 2011
• Speaker, Toronto Commercial Arbitration Society, Conference for General Counsel, Cost Effective Dispute Resolution, Arbitrate or Litigate, Toronto, September 2011
• The Anatomy of an International Mining Dispute, conference chair, speaker and moderator, Toronto, March 2011
• Toronto Commercial Arbitration Society, Inaugural Conference, Chair and speaker, Toronto, October 2010
• Co-author of Canadian chapter in Getting the Deal Through – Arbitration 2010, 2011, 2012 and 2013.
• Speaker at the ICC Canadian National Committee Workshop on Parallel Proceedings in International Commercial Arbitration, October 2008.
• Speaker on Enforcement of International Commercial Arbitration Awards, Arbitration Roundtable of Toronto Conference on Arbitration: A Primer for Corporate Counsel, October 2008.
• Moderator and speaker at LCIA North American Users’ Council Symposium in Toronto, September 2007; Washington 2009, and Vancouver 2010, Toronto 2013.
• Moderator and speaker on “Foresight: Strategies in Resolving Technology Industry Disputes in North America”, ADR After NAFTA Conference with The International Centre for Dispute Resolution, Toronto, September 2007.
• Speaker on “Developments in Discovery and Taking Evidence for Use in Arbitration”, Conference on Current Issues in Canada – U.S. Arbitration Practice: A Canadian Perspective with the New York City Bar Association, New York, June 2007.
• Speaker on “Recent Developments on Discovery in Arbitration”, Conference with the Ontario Bar Association and ADR Institute of Canada, May 2007.
• Speaker on “Preparation for Arbitration”, Conference on Advanced Commercial Arbitration through the Law Society of Upper Canada and The Advocates’ Society, April 2007.
• Speaker on “The Charter of Rights in Regulatory Proceedings”, Conference: Regulators at the Gates, October 2006.
• Chair and speaker for a Conference by Arbitration Roundtable of Toronto, Arbitration for the InHouse Counsel, Toronto Board of Trade, September 2006.
• Chair and speaker for a Conference by the Arbitration Roundtable of Toronto, Arbitration for the Corporate Lawyer: Essentials for an Effective Arbitration Clause, Toronto Board of Trade, October 2005.

Education

FCI Arb (2006), University of Toronto (LL.B. 1975, BA 1972).

Bar Admission:

Ontario, 1977.

EDUCATION

1969 – University of Toronto, B.Sc.

1972 – Osgoode Hall Law School, 1972

1974 – Bar Admission Course, admitted to the Ontario Bar

2015 – Law Society of Upper Canada, Honorary LL.D.

PROFESSIONAL EXPERIENCE

Appeared as counsel at every level of court in the Province of Ontario, the Federal Court and Federal Court of Appeal, and the Supreme Court of Canada.

• 2022-Present – Adjudicator, Capital Markets Tribunal, Securities Commission
• 2022-Present – Arbitrator, Arbitration Place Toronto
• 2004-2021 – Justice, Court of Appeal for Ontario 1998
• -2004 – Justice, Ontario Superior Court of Justice
• 1994-1998 – Russell Juriansz, Barristers & Solicitors, Toronto
• 1987-1994 – Associate and Partner Blake, Cassels & Graydon, Barristers & Solicitors, Toronto
• 1978-1987 – Counsel, then General Counsel & Director of Legal Services Canadian Human Right Commission, Ottawa
• 1977 – Story Editor, Canadian Broadcasting Corporation, Vancouver
• 1976-1977 – Consultant, Metro Toronto Task Force on Human Relations
• 1975-1977 – Partner, Kram & Juriansz, Barristers & Solicitors Toronto
• 1974 – Associate, Merrick, Young, Merrick & Cannings, Barristers & Solicitors, Toronto
• 1972-1973 – Articling Clerk, Blake, Cassels & Graydon, Barristers & Solicitors Toronto

TEACHING

• 1984 -1986 – The University of Ottawa, Faculty of Law (Constitutional Law and Human Rights Law)
• 1982-1986 – Bar Admission Course, Ottawa
• 2012 – Advocacy, International Criminal Court, The Hague
• Multiple years – Advocacy, Crown Counsel Summer School, London, Ontario

SELECTED PROFESSIONAL ACTIVITIES

Chair, Federal Judicial Advisory Committee for the GTA,

President, Ontario Superior Court Judges’ Association

Participated in Canada’s contribution to the peace process in Sri Lanka facilitated by Norway, by making presentations in Sri Lanka about Canadian federalism in 2004. Member, Tri-Court Technology Committee

Member, Canadian Judicial Council Technology Subcommittee

Chair, Ontario Family Law Rules Committee

Board Member, Law Commission of Ontario

Board Member, Canadian Institute for the Administration of Justice

Member, Attorney General’s Justice-Media Liaison Committee

Appeared before Parliamentary and Legislature Committees

President, The Legal & Literary Society (the students’ association of Osgoode Hall Law School)

EDITORSHIPS

Board of Contributing Editors, The University of Ottawa Law Review, 1984-1988

Editor in Chief, Charter and Human Rights Litigation (CHRL), Federated Press, 1993-1998

Editorial Advisory Board, "The Equal Times", Bedford House Publishing Corporation, 1988 -1990

Editor, Blakes Report, 1989-1991

Editorial Board, "Employment and Labour Law Reporter", Butterworth's Canada Ltd.,

Executive Editor, "Managing Diversity", Prentice-Hall Canada Inc., 1992-1995

HONOURS & AWARDS

• 1972 - Osgoode Hall Law School Dean’s Gold Key (for outstanding achievement and contribution to school life)
• 2012 - Trailblazer Award, Canadian Association of South Asian Lawyers
• 2012 - Distinguished Career Award, South Asian Bar Association of Toronto
• 2014 - The Honourable Russell Juriansz ’72 Bursary created by Osgoode Hall Law School
• 2014 - Blakes/Juriansz Inclusivity Fund jointly created by Blake, Cassels & Graydon LLP and Osgoode Hall Law School
• 2015 - Doctor of Laws, Honoris Causa, Law Society of Upper Canada
• 2016 - Pioneer Award, South Asian Bar Association of North America
• 2021 - Juriansz and Joachim Award for Excellence in Human Rights created by SABA, to be awarded annually
• 2022 - Osgoode Hall Law School Alumni Gold Key for Lifetime Achievement

The Honourable Barry Leon, FCIArb is an independent Arbitrator and Mediator with Arbitration Place.

He is a Fellow of the Chartered Institute of Arbitrators (FCIArb), an International Mediation Institute (IMI) Certified Mediator, and a Fellow of the International Academy of Trial Lawyers.

Barry is experienced in arbitrating and mediating corporate and commercial, contract, shareholder and business breakup, joint venture, employment, insurance, intellectual property, technology, expropriation, natural resources, and construction disputes.

In addition, he is a dispute resolution specialist, and an independent consultant and professional services provider (including independent corporate meeting chairman, and member of public and private oversight and integrity bodies).

Judicial Experience. Barry was the Presiding Judge (Commercial Division), Eastern Caribbean Supreme Court, in the Territory of the Virgin Islands, known as the BVI Commercial Court, from 2015 to 2018.

In that capacity he presided over a range of high-stakes international commercial disputes involving parties from around the world, including shareholder and corporate disputes, insolvency matters, contractual disputes, fraud and asset recovery proceedings, judgment enforcement and arbitration assistance and arbitral award enforcement. A number of his written judgments can be found at here.

While serving on the BVI Commercial Court, Barry was a founding member of the Judicial Insolvency Network, a network of judges from leading international commercial courts that, among other things, established the Guidelines for Communication and Cooperation Between Courts in Cross-border Insolvency Matters, with protocols for communication and cooperation between courts in different jurisdictions. He also served on the Chief Justice’s Insolvency Committee in BVI and the Court’s 50th Anniversary Committee for BVI.

Litigation and Arbitration Counsel Practice (1976 – 2015). Prior to his appointment to the Eastern Caribbean Supreme Court for a 3-year term, from 2009 – 2015 Mr. Leon was a Partner and Head of the International Arbitration Group at Perley-Robertson, Hill & McDougall LLP, a Canadian regional business law firm with a boutique international arbitration counsel practice, based in Ottawa, Canada.

Until 2009 he was a Partner with Torys LLP, a leading Canadian business law firm, in its Litigation and Dispute Resolution Practice in Toronto, Canada, and for many years served as Coordinator of the Practice.

Mr. Leon has more than 35 years of experience as counsel in litigation, arbitration, and mediation, acting on many complex and significant cases for a wide variety of clients and involving many different industries including financial services, natural resources, energy, insurance (property and casualty; life and disability) and reinsurance, air transportation, technology, intellectual property, manufacturing, and construction. His cases included corporate and shareholders disputes; employment and labour; patent, trademark, and copyright; contractual and tort claims; insurance; and construction.

Arbitrator and Mediator. In addition to being an independent Arbitrator with Arbitration Place, Barry is an independent arbitrator and mediator with 33 Bedford Row Chambers in London, and Caribbean Arbitrators in the British Virgin Islands.

Barry is an Arbitrator on the American Arbitration Association National Roster of Arbitrators, a member of the Jamaica International Arbitration Centre (JAIAC) Panel of Neutrals (Arbitration, Mediation, Facilitated Contract Re-Negotiation, Neutral Evaluation) and a member of the Vancouver International Arbitration Centre (VanIAC) Domestic Arbitration, International Arbitration, and Mediation Panels.

Barry also served as an arbitrator and mediator for several years prior to his appointment to the BVI Commercial Court. He continued to do so occasionally while serving on the Court.

Current Organizational Involvement. Barry is past Chair of the Arbitration Committee of the Canadian Chamber of Commerce, ICC Canada (Canadian National Committee of the International Chamber of Commerce’s International Court of Arbitration) and remains active on the Arbitration Committee of ICC Canada in various capacities, as well as being a member of the ICC’s Commission on Arbitration and ADR.

He is Chair of Arbitration Place’s Advisory Board and is on the Organizing Executive Committee for Canadian Arbitration Week (CanArbWeek). Barry is Co-Chair of the 2023 Canadian Arbitration Report. Also, he is a founding member of the BVI Arbitration Group, and of the governing Committee responsible for achieving the objectives of the Group.

Barry is a member of the Arbitration Act Review Committee of the Toronto Commercial Arbitration Society, which conducted a complete review of the Ontario, Canada domestic and international arbitration laws, and has been assisting in The Bahamas with the drafting of its international arbitration, mediation, and adjudication laws. Recently he was a member of the faculty that conducted a series of arbitration courses for the Guyanese judges, lawyers, public sector members, the business community, the media, and civil society, at the request of the Attorney General through IMPACT Justice.

Barry is one of the moderators of OGEMID (part of TDM – Transnational Dispute Management), a global listserv focused on international arbitration, alternative dispute resolution and related fields.

He is a member of the Board of Governors of the Canadian Guyanese Congress, the Advisory Board of the Canadian Association of Progressive Muslims, and of the North America Sub-Committee of the Campaign for Greener Arbitrations (CGA) and was Organizing Committee Chair for CGA global workshop, “Shaping the Future of Greener Arbitration Conferences and Training”.

Barry is Co-Chair of the Caribbean Task Force of the Institute for Transnational Arbitration’s Americas Initiative; a member of the International Trust Arbitration Organisation’s Research Council; and a Director of the International Law Association’s Canadian Branch and Member of the International Commercial Arbitration Committee.

Also, he is a Vice Chair and Branch Committee Member of the Caribbean Branch of the Chartered Institute of Arbitrators; a member of the Canadian Bar Association’s International Law Section, the International Arbitration Club of New York, the London Court of International Arbitration, the American Society of International Law, and the New York International Arbitration Center.

Past Organizational Involvement. Barry has been an active member of numerous other organizations involved in international arbitration and other dispute resolution for many years, serving in executive positions and on task forces and commissions, and organizing and chairing conferences and events, including:

• International Bar Association: Member, IBA Rules for Investor-State Mediation Subcommittee; Member, Arbitration, Mediation and Litigation Committees; Co-Chair, IBA International Arbitration Conference, “First Principles, Current Practices, Latest Trends”, Toronto, 2014;
• The Advocates’ Society: Co-Chair, Arbitration and Mediation Advocacy Practice Group; Member, Practice Group Standing Committee; Chair, The Roger Fisher Lifetime Achievement
Award in Alternative Dispute Resolution Dinner Committee and Chair of the Dinner (Lifetime Achievement Award to L. Yves Fortier, CC, OQ, QC, Ad. E., LLD);
• Canadian Bar Association: Chair, Working Group on ICSID; Executive, Dispute Resolution Committee of International Law Section;
• CPR Institute for Conflict Prevention & Resolution: Member, Task Force on Diversity in ADR; Member, Arbitration Committee;
• Rocky Mountain Mineral Law Foundation: Program Committee Member – “International Energy and Minerals Arbitration” Conference (Toronto); and
• Centre for Effective Dispute Resolution (CEDR): Member, Commission on Settlement in International Arbitration.

Recognitions. Barry has received numerous professional recognitions in international arbitration and other related areas.

In 2022, he was shortlisted by Global Arbitration Review (GAR) for its award for the ‘best prepared’ arbitrator.

Previously, Global Arbitration Review’s GAR 100 called him “one of Canada’s most high-profile arbitration practitioners,” and Chambers Global referred to him as “an accommodating, instructive and personable practitioner who provides clear advice and opinions.” His recognitions include Global Arbitration Review’s GAR 100; Chambers Global; Lexpert/American Lawyer’s Guide to the Leading 500 Lawyers in Canada; PLC Which Lawyer?; The International Who’s Who of Commercial Arbitration; The Best Lawyers in Canada; Canadian Legal Lexpert Directory; Guide to the World’s Leading Experts in Commercial Arbitration; Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada; and Who’s Who Legal – Canada.

The International Mediation Institute (IMI) reported that the lawyers who engaged Barry as a mediator were satisfied with his work. They said that he is open and approachable; skilled; well prepared; able to understand legal issues quickly; deals well with parties’ animosities; and listens to both sides’ concerns to try to assist them to resolve their disputes. All lawyers were satisfied with the work Barry did, would likely use him again and would recommend him to others.

Barry is a recipient of the “Award for Outstanding Contribution to Diversity in ADR” from the CPR International Institute for Conflict Prevention & Resolution (CPR).

Writing, Speaking and Teaching. Barry writes and speaks extensively on arbitration, mediation, negotiation, and other dispute resolution topics, including in Canada and in the Caribbean (in Jamaica, BVI, Trinidad and Tobago, Guyana, The Bahamas, and Barbados), including conducting arbitration workshops for judges in the Caribbean. He has taught regularly on an ad hoc basis in international arbitration courses (including at the International Law Institute, Advanced Arbitration and Mediation Course (Washington), Foundation for International Arbitration Advocacy, Osgoode Hall Law School at York University (Toronto), University of Montreal, and McGill University (Montreal)). He also speaks on topics relating to fraud and asset recovery, construction, and insolvency.

He chaired a panel at the 2017 Offshore Alert Miami Conference on "Cross-Border Clashes and Cooperation Among Courts” and spoke and wrote on appeals in arbitration (Fordham Conference on International Arbitration 2015 and “Merit Appeals in International Arbitration: Undermining Arbitration or Facilitating True Party Autonomy” in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015, 2016: Koninklijke Brill NV). Mr. Leon’s paper on "Arbitration of Cross-Border Insolvency Disputes" for the Judicial Insolvency Network Conference was nominated by Global Restructuring Review for its 2017 Award for "Innovation in Cross-Border Insolvency and Restructuring".

He is an Executive Editor and a founder of the Canadian Journal of Commercial Arbitration, a member of the Board of Editors of the Commercial Litigation and Arbitration Review, and currently is involved in co-editing a book on arbitration in the Caribbean.

Bar Admission and Education. Barry was admitted to Bar in Ontario, Canada (now a non-practicing member of the Law Society of Ontario). He holds a law degree from the University of Toronto, an MBA degree from the Richard Ivey School of Business at The University of Western Ontario (Western University), and a BA (Political Science; Economics; English Literature) from the University of Alberta.

Additional Resources
(In Order Below)

Recent Experience as Counsel

Recent Recognitions

Publications and Presentations

List of Cases

Recent Experience as Counsel

• Her Majesty the Queen in Right of British Columbia, in health-care cost recovery litigation from the tobacco industry (HMTQ v. PMI).
• Defendants in litigation, alleging breach of fiduciary duties and fraud relating to several private family company transactions
• Counsel to a foreign state owned entity in a $280-million international commercial arbitration against a Canadian company regarding a contractual dispute.
• Provided advice to a well-known Canadian corporation, on corporate governance and shareholder rights issues
• Representation of accounting firms and law firms in several proposed class actions involving claims based on reassessments by Revenue Canada of participants who invested in Canadian charitable tax shelter programs
• Part of the litigation team representing the Provinces of New Brunswick, Manitoba, Saskatchewan, Prince Edward Island, Nova Scotia and British Columbia, in actions to recover health care costs from national and international tobacco companies
• Representation of an international Company in multi-party construction litigation, involving a significant Canadian industrial project
• Representation of a Canadian public company, in context of litigation concerning a proxy contest and misconduct by senior and corporate officers
• Provided litigation advice to a Canadian company, involved in U.S. litigation concerning misappropriation of intellectual property
• Representation of Canadian, U.S. and European companies, in proposed class action and other litigation alleging product defects in the automotive parts industry, the aerospace industry and other industries
• Representation of Expedia, in a consumer class action relating to fees charged to customers (obtaining a dismissal on a summary judgment application)
• Provided advice and representation in litigation to beneficiaries of significant Estates, in relation to the validity of wills and related matters
• Appeared in Court on behalf of numerous Canadian public companies, in relation to court approved plans of arrangement
• Representation of a departed executive, in the context of high profile litigation alleging breach of fiduciary duty and misappropriation of confidential information
• Provided advice to several clients, concerning coverage under directors and officers liability insurance policies
• Representation of a European company, in a dispute relating to a pharmaceutical supply contract
• Representation of several American companies, in class action litigation concerning alleged price fixing in the automobile parts industry
• Representation of a significant Canadian company, in litigation concerning a departed senior executive
• Conducted investigation on behalf of Special Committee of a Canadian public corporation, relating to conduct of executives
• Representation of clients in a proceeding regarding the liquidation of Reliance Insurance Company of Canada
• Representation of a major Canadian private company, in litigation brought by a former executive concerning his entitlements
• Representation of a Receiver, in the Ontario Court of Appeal concerning issues arising in the context of an investigative receivership
• Representation of a public company, in a court proceeding concerning the validity of an option agreement
• Representation of a client in a confidential arbitration proceeding concerning alleged breach of a franchise arrangement
• Provided advice to defendants in relation to a proposed shareholder class action concerning a takeover bid
• Representation of Manulife, in a proposed class action concerning premiums charged under certain insurance policies
• Representation of Schroder Ventures, in a proceeding concerning a claim for $650 million by Allen-Vanguard in relation to alleged fraudulent misrepresentation in a corporate transaction
• Provided advice to and representation of the Special Committee of RuggedCom Inc., in a shareholders' rights plan and proposed O.S.C. proceeding
• Providing advice to the independent committee of a Canadian public company, on various securities and governance issues
• Providing advice and representation to a shareholder/director in the context of an oppression application and other litigation alleging an international conspiracy to defraud
• Representation of two parties in lengthy litigation concerning the ownership of assets frozen in Hong Kong and the United States by a Mareva injunction, including allegations of international fraud, conspiracy and money laundering in taking Chinese companies public in North America
• Independent counsel to the Review Committee of the National Hockey League Players' Association, concerning events within the Association
• Representation of an appellant in the Ontario Court of Appeal concerning obligations of shareholders in the context of the exercise of a buy-sell provision in a shareholders agreement

Publications and Presentations

by Jeffrey S. Leon

Published Articles And Comments

1. "Canada: Arbitration" (with Gannon G. Beaulne and Ethan Schiff), December 7, 2016, The In-House Lawyer, http://www.inhouselawyer.co.uk/index.php/practice-areas/arbitration/canada-arbitration/
2. "What Canadians Need to Know When Choosing a Seat of International Arbitration: Advantages and Disadvantages of Onshore vs. Offshore Arbitration" (with Gannon G. Beaulne), February 2016, 1 Commercial Litigation and Arbitration Review, Volume 5, Number 1
3. "Making up your mind: Trial litigation vs. Arbitration", (with Gannon G. Beaulne) (2015), 11 The Advocates' Journal, Vol. 34, No. 1 | Summer 2015
4. "New good-faith duty of honesty in contractual performance", (with William A. Bortolin) (2015), Expert Guides Best of the Best 46

"A Fine Balance Being Tipped – A Review of the Ontario Securities Commission's Public Interest Jurisdiction" (with Carlo di Carlo), 2014, Corporate Liability, Volume XVIII, No. 3

"Update on Securities Class Actions in Ontario – We All Have Our Limits or Do We?" (with Preet Bell and Jonathan Bell), 2013, Corporate Liability, Volume XVIII, No. 2

"Some Recent Developments in U.S. M&A Litigation – Crossing the border may not be that difficult" (with Carlo J. di Carlo), 2013, Corporate Liability, Volume XVIII, No. 2

"Q: How Many Regulators Does it Take to Investigate? A: Sometimes Too Many - The Risks of Self-Incrimination in Cross-Jurisdictional Proceedings" (with Christiaan Jordaan), 2013,

Corporate Liability, Volume XVIII, No. 1

"Chapter 27: Internal Investigations", B. Reiter Directors' Duties in Canada (5th Ed) CCH, 2012

"Supreme Court Grants Enhanced Access to Justice for Victims of Cyberbullies" (with Ranjan Agarwal and Michael Paris) (2012), 10(1) Canadian Privacy Law Review, 1

"Discovering Ontario – An Increasingly Attractive Jurisdiction for the Resolution of Mass Investor Disputes" (with Daniel Holden), (July/August 2012) 33(4) Class Action Reports 448

"The State of Secondary Market Securities Class Actions in Canada: Our Top Ten Issues for the Courts" (with Michael E. Eizenga and Jonathan Bell) (2012), Volume IX, No. 1 Class Action 554

"Coping with Coventree: Material or Not Material Remains the Question" (with Carlo di Carlo) (2012) 17(2) Corporate Liability 1018

"Managing and Conducting Internal Company Investigations in A Rapidly Changing Regulatory and Litigation Environment: Best Practices lead to Best Results" (with Alan Gardner and Preet Bell), (2012) 17(2) Corporate Liability 1006

"Parallel Proceedings and Cross-Border Documentary Discovery" (with Michael Paris), (2011) 16(4) Corporate Liability 982

"Liability of Professionals in a Post-Financial Crisis Milieu: A 'Made in Canada' Tempered Response" (with Preet Bell) (2011), 16(3) Corporate Securities and Finance Law Report, 33

"Liability without Borders: The Challenge of Being a Director and Officer in a Global Economy:

Part II" (with Preet K. Bell) (2011) 16(2) Corporate Liability 958

"Liability without Borders: The Challenge of Being a Director and Officer in a Global Economy" (with Preet K. Bell) (2011) 16(1) Corporate Liability 942

"Reducing the Risks of Directors and Officers in Securities Class Action Litigation" (with Jonathan Bell) (2010), 15(4) Corporate Liability 430

"The Extent to Which Canadian Courts are 'Happy to Help': Recent Developments in Pre-Trial Judicial Support for Foreign Court Proceedings" (with Priya Sarin) (2010) 15(3) Corporate Liability 910

"Class Arbitration in Canada: The Legal and Business Case" (with Eric Hoaken and Rebecca Huang) (2010), 6(2) Canadian Class Action Review 383

"An Update on Securities Class Actions in Ontario: Focusing on the Big Picture Post-Imax" (Part II) (with Eric Hoaken and Jonathan Bell) (2010), 15(2) Corporate Liability 898

"An Update on Securities Class Actions in Ontario: Focusing on the Big Picture Post-Imax" (Part I) (with Eric Hoaken and Jonathan Bell) (2010), 15(1) Corporate Liability 886

"Keeping Your House Clean: Recent Developments in the Liability Exposure of In-House Counsel" (with Keir Wilmut) (2009), 14(4) Corporate Liability 870

"Pain and Promise: Lessons from the Collapse of the Third-Party ABCP Market In Canada" (with Shara Roy) (2009), Volume 14 Number 3 Corporate Securities and Finance Law Report, 41 June/August 2009

"Self-Represented Litigants" (with Laura Cooper) (2009), in Canadian Legal Practice – A Guide for the 21^stCentury (A.M. Dodek and J.G. Hoskins, Q.C., Editors) LexisNexis Canada Inc., 2009, Chapter 15

"BCE Inc. v. 1976 Debentureholders and Canadian Corporate Directors' Duties Revisited: We're Not in Delaware Toto" (with Ranjan Agarwal) (2009), 14(2) Corporate Liability (834)

"An Update on Securities Class Actions in Ontario: The Importance of Making Sure the Gate is Working" (with Jonathan Bell) (2009), 14(1) Corporate Liability 822

"The Ontario Court of Appeal's Decision on the Flexibility of the Companies' Creditors Arrangement Act in the Restructuring of the Canadian Asset-Backed Commercial Paper Market" (with G. White) (2008), 25(4) National Insolvency Review 45

"Who needs the Derivative Action when you have the Oppression Remedy?" (with Albert Pelletier) (2008) 6(2) Commercial Litigation Review 13

"Implications of the Supreme Court of Canada's Decision in Kerr v. Danier Leather for Directors' and Officers' Liability" (with Jason Woycheshyn and Lindsay Bailey) (2008), 13(3) Corporate Liability 790

"Contract Trumps Tort, But Which One Comes Up Spades?", (with Shara Wright) (2008), 34 The Advocates' Quarterly 475

"The Court as Gatekeeper: Securities Class Actions and the New Role for the Court" (with T.J.

Adhihetty) (2007), 1(4) Class Action Defence Quarterly 45

"Giving Credit Where Credit is Due Process: The Consequences of Cooperation in an Ontario Securities Commission Investigation" (with Gregory W. MacKenzie) (2007), 12(4) Corporate Securities and Finance Law Report 41

"Sinking or Swimming in the Safe Harbour: The OSC's Proposed Policy 51-604 and the Business Judgment Rule" (with Keith Sutherland) (2007), 12(3) Corporate Liability 734

"The Oppression Remedy as a Response to Corporate Misconduct" Part II (with Sarah J. Armstrong) (2007), 5(3) Commercial Litigation Review 29

"The Oppression Remedy as a Response to Corporate Misconduct" Part I (with Sarah J. Armstrong) (2007), 5(2) Commercial Litigation Review 9

"Class Proceedings vs. Arbitration in Canada: Resolving Conflict and Developing Guidelines" (with Cheryl Dustin) (2006), 3 Canadian Class Action Review 603

"Strategic Uses of a Favoured Rule: Rule 49 Offers to Settle" (with Justice Giovanna Toscano Roccamo) (2006), 32 The Advocates' Quarterly 259

"Strategic Uses of a Neglected Rule: Rule 51 Requests to Admit" (with Justice Giovanna Toscano Roccamo) (2006), 32 The Advocates' Quarterly 247

"Business Judgment and Defensive Decision-making: Directors' and Officers' Duties and Responsibilities After Peoples" (with Sarah Armstrong) (2006), 11(3) Corporate Liability 678 and (2006) 12(1) Corporate Liability 712

"The Future of Securities Class Actions in Canada" (with Tracy Pratt and Sarah Armstrong) (2006), 4(1) Commercial Litigation Review 1

"A Battleground of Creativity: Using Corporate-Commercial Litigation to Define the Application of the Business Judgment Rule in Canada" (2006), LEXPERT Guide to the Leading 100 Creative Lawyers in Canada 106

"OSC/SEC Recent Developments of Importance" (with David Hausman) (2006), LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada 581; The 2006/2007 LEXPERT CCCA/ACCJE Corporate Counsel Directory and Yearbook

"The Continental Divide: Recent Developments in Cross-Border Securities Investigations" (with David Hausman) (2005), LEXPERT Guide to the Leading 100 Canada/U.S. Cross-Border Litigators in Canada 46

"Preparing for the Road Ahead: Bill 198 and Secondary Market Disclosure" (2005), 10(4), Corporate Liability 632

"The 'Vanishing Trial': The College, The Profession, The Civil Justice System" (The Ad Hoc Committee on the Future of the Civil Trial of the American College of Trial Lawyers) (2005), 226 Federal Rules Decisions 414

"Interrelationship Between Civil Proceedings and Regulatory Proceedings: Current Issues from a Canadian Perspective" (2005), 10(3) Corporate Liability 606

"The Future of Securities Class Actions in Canada" (with Tracy A. Pratt and Sarah J. Armstrong) (2005), 26 Class Action Reports 420

"Can't you Hear the Whistle-blowing: Crisis Management When Wrongdoing is Discovered" (2005), 10(4) Corporate Liability 626

"Litigation in Canada" (with Sarah Armstrong) in Winning Legal Strategies: International Litigation, Aspatore (2005)

"Securities Class Action Update: The Market is Still Wide Open" (with Tracy Pratt and Sarah Armstrong) (2005), 3(4) Commercial Litigation Review 49

"Securities Litigation Bulletin - The Danier Leather Case" (with Tracy Pratt) (2004), 10(1) Corporate Liability 520

"A Win-Win Strategy for Corporate and Outside Counsel: Collaboration and Business Discipline in Providing Legal Services" (with Roxanne McCormick, Douglas Scott and Howard Kaufman) (2004), 13:8 Canadian Corporate Counsel 113

"Case Management" (with Sarah J. Armstrong) (2004), 29 The Advocates' Quarterly 223

"Shareholder Litigation: Forum for Multi-jurisdictional Disputes" (with Rikin Mozaria) (2004), 9(2) Corporate Liability 522

"Shareholder Litigation: Litigation from Corporate Reorganizations" (with Rikin Mozaria) (2003), 9(1) Corporate Liability 506

"Shareholder Litigation: Litigation from Contested Take-over Bids" (with Rikin Mozaria) (2003), 8(4) Corporate Liability 490

"Shareholder Litigation: Directors' Conflicts of Interest" (with Rikin Morzaria) (2003), 8(3) Corporate Liability 478

"In the Market for Fraud and Other Corporate Failures: Recent Developments and Securities-Related Class Actions in Canada" (with Sarah J. Armstrong) (2003) 27 The Advocates' Quarterly 259

"Securities Litigation: Recent Developments of Importance" (with David A. Hausman) 2003 LEXPERT/American Lawyer Media Guide to the Leading 500 Lawyers in Canada, 399; 2004 LEXPERT Directory of Leading Canadian Law Firms and Practitioners B-1; The LEXPERT CCCA/ACCJE Corporate Counsel Directory

"The Relevance of the Oppression Remedy as a Control on Corporate Governance in Canada" (with Sarah J. Armstrong) (2003) 27 The Advocates' Quarterly 402

"When Long Becomes Too Long: Legal Culture and Litigators' Views on Long Civil Trials" (with Ronit Dinovitzer) (2001), 19 The Windsor Yearbook of Access to Justice 106

"Licensing Regulation and Discipline of Physicians: Alberta" (with Tracy Pratt and Lydia Wakulowsky) in The Physician's Legal Manual (S.B. Kidd, Editor) Montgomery Publications Limited, 1996, page 409

"Licensing Regulation and Discipline of Physicians: British Columbia" (with Tracy Pratt and Lydia Wakulowsky) The Physician's Legal Manual (S.B. Kidd, Editor) Montgomery Publications Limited, 1996, page 502

"Licensing Regulation and Discipline of Physicians: Manitoba" (with Tracy Pratt and Lydia Wakulowsky) The Physician's Legal Manual (S.B. Kidd, Editor) Montgomery Publications Limited, 1996, page 505

"Licensing Regulation and Discipline of Physicians: New Brunswick" (with Tracy Pratt and Lydia Wakulowsky) The Physician's Legal Manual (S.B. Kidd, Editor) Montgomery Publications Limited, 1996, page 508

"Licensing Regulation and Discipline of Physicians: Newfoundland" (with Tracy Pratt and Lydia Wakulowsky) The Physician's Legal Manual (S.B. Kidd, Editor) Montgomery Publications Limited, 1996, page 513

"Licensing Regulation and Discipline of Physicians: Nova Scotia" (with Tracy Pratt and Lydia Wakulowsky) The Physician's Legal Manual (S.B. Kidd, Editor) Montgomery Publications Limited, 1996, page 516

"Licensing Regulation and Discipline of Physicians: Ontario" (with Tracy Pratt and Lydia Wakulowsky) The Physician's Legal Manual (S.B. Kidd, Editor) Montgomery Publications Limited, 1996, page 520

"Licensing Regulation and Discipline of Physicians: Prince Edward Island" (with Tracy Pratt and Lydia Wakulowsky) The Physician's Legal Manual (S.B. Kidd, Editor) Montgomery Publications Limited, 1996, page 529

"Licensing Regulation and Discipline of Physicians: Saskatchewan" (with Tracy Pratt and Lydia Wakulowsky) The Physician's Legal Manual (S.B. Kidd, Editor) Montgomery Publications Limited, 1996, page 534

"Recent Developments Relating to Applications" (1995), 17 The Advocates' Quarterly 451 "Practice Notes: Alexander v. Alexander" (1989), 4 Canadian Family Law Quarterly 135 "Practice Notes" (1988), 2 Canadian Family Law Quarterly 431

"The Wisdom of Solomon: A Comment on Frame v. Smith" (1988), 3 Canadian Family Law Quarterly 397

"Practice Notes" (1988), 3 Canadian Family Law Quarterly 405

"Valuing Pension Benefits under the Family Law Act, 1986: Porter v. Porter and Demchuk v.

Demchuk" (with Ian J.T. Cross) (1987), 1 Canadian Family Law Quarterly 139

"The Developing Concept of Net Family Property: A Commentary on MacKay v. MacKay, Gies

v. Gies, Schaefer v. Schaefer, Skrlj v. Skrlj, Folga v. Folga, Kelly v. Kelly, de Champlain v. de Champlain and McCutcheon v. McCutcheon" (with Katherine Higginson) (1986-1987), 1 Canadian Family Law Quarterly 249

Practice Notes: "An Overview of Recent Ontario Cases" (1986-1987), 1 Canadian Family Law Quarterly 146

Practice Notes: "An Overview of Recent Ontario Cases" (1986-1987), 1 Canadian Family Law Quarterly 261

"Sorochan v. Sorochan" (with Mona Anis) (1986-1987), 2 Canadian Family Law Quarterly 119

"Victims' Legal Remedies: Righting the Criminal Wrong" (with John Hagan) in Hagan, Victims before the Law: the Organizational Domination of Criminal Law, Butterworths, 1983

"The Rehabilitation of Law: A Social-Historical Comparison of Probation in Canada and the United States" (with John Hagan) (1980), 5 Canadian Journal of Sociology 235

"Canadian Children: Prospects for Legal Rights and Representation" (1979), 2 Family Law Review 16

"Post Sentencing Problems: Some Consequences of a Finding of Guilt in Criminal Cases" (1979), 21 Criminal Law Quarterly 318

"Cruel and Unusual Punishment: Sociological Jurisprudence and the Canadian Bill of Rights" (1978), 36 University of Toronto Faculty of Law Review 222

"Recent Developments in the Legal Representation of Children: A Growing Concern with the Concept of Capacity" (1978), 1 Canadian Journal of Family Law 375

"Kids, Counsel and Courts: Representation of a Previously Unrepresented" (1978), 2 Canadian Legal Aid Bulletin 381

"Crass Conflict: A Reply to Lauderdale and Larson" (with John Hagan) (1978), 43 American Sociological Review 925

"Drug Offences and Discharges in Canada: The Need for Reform" (1977), 35 University of Toronto Faculty of Law Review 38

"Rediscovering Delinquency: Social History Political Ideology and the Sociology of Law" (with John Hagan) (1977) 42 American Sociological Review 587. Reprinted in Crime in Canadian Society (2^nd Edition) R.A. Silverman and J. Teevan, Editors, Butterworths 1980 and in Readings in Juvenile Delinquency, G.F. Jensen and D.J. Rojek, Editors, 1981

"Reconsidering the Police Role: A Challenge to a Challenge of a Popular Conception" (with Clifford D. Shearing) (1977), 19 Canadian Journal of Criminology and Corrections 331

"Rights, Fairness and Effectiveness in Canada and the United States: Counsel and Client in the Criminal Process" (1977), 20 Criminal Law Quarterly 29

"Trends in Drug Use Among Young People in Oshawa: Prevalence and Responses" (1977), 25(3) Canada's Mental Health 6

"The Development of Canadian Juvenile Justice: A Background for Reform" (1977), 15 Osgoode Hall Law Journal 71

"Legal Representations and the Proposed Young Persons in Conflict with the Law Act" (with Katherine Catton) (1977), 15 Osgoode Hall Law Journal 107

"Alcohol and Drug Related Deaths in Toronto and Vancouver; a Comparison" (1978), 55(1) University of Toronto Medical Journal 16; Non-Medical Use of Drugs Directorate, Health and Welfare Canada, 1977

"The Philosophy and Sociology of Crime Control: Canadian-American Comparisons" (with John Hagan) (1977), 47 Sociological Inquiry 181. Reprinted in Harry Johnson Social Systems and Legal Process, Jossey Bass, 1978

"New and Old themes in Canadian Juvenile Justice: The Origins of Juvenile Justice Legislation and the Prospects for Recognition of Children's Rights" [1977-88] Interchange 151. Reprinted in

Children's Rights: Legal and Educational Issues (H. Berkeley, C. Gaffield and W.G. West,

Editors) Ontario Institute for Studies and Education, 1978

"Methodology and the Law: Problems Associated with Coroners' Data on Alcohol and Drug-Related Death" (1978) 2 Legal Medical Quarterly 29; Non-Medical Use of Drugs Directorate, Health and Welfare Canada, 1977

Book Review of "Sentencing" (Clayton Ruby, Butterworths (1976)) (1977), 35 University of Toronto Faculty of Law Review 276

"Public Policy and Judicial Perspectives in Two Canadian Cities: The Case of Heroin" (1976), 6 Journal of Drug Issues 172

Book Review of "Police Command: Decisions and Discretion" (Brian A. Grosman, MacMillan 1975)) (1976), 34 University of Toronto Faculty of Law Review 295

Books

Ontario Civil Court Forms (with David Rosenbaum), Carswell, 1993

Rules Review: Summaries of cases decided under the Rules of Civil Procedure (with M.J. Round and M.B. Birnberg), Butterworths, 1987

PAPERS PRESENTED¹

5. "Civility: An Important Tool of the Advocate's Trialcraft" (with Kirsten Thoreson), 2015 Commercial Bar Association, North American Meeting, Washington, D.C., April 2015

6. "Offshore Arbitration Jurisdictions" (with Gannon Beaulne), 2015 Commercial Bar Association, North American Meeting, Washington, D.C., April 2015

"International Arbitration v International Litigation: Myth and Reality", 2014 Commercial Bar Association North American Meeting, Seville, May 2014

"Update on Securities Class Actions in Ontario – We All Have Our Limits or Do We?" (with Preet Bell and Jonathan Bell), The Law Society of Upper Canada, Securities Law Update 2013, November 2013

"Special Committees to the Board: When, Why and How?", CBA Legal Conference, Saskatoon, August 18-20, 2013

"Q: How Many Regulators Does it Take to Investigate? A: Sometimes Too Many - The Risks of Self-Incrimination in Cross-Jurisdictional Proceedings", 2013 Commercial Bar Association North American Meeting, Vancouver, May 30, 2013

¹ Many of the Papers were subsequently published and are listed in the prior section.

"Assessing the evolving landscape of cross-border litigation" (with Michael A. Eizenga),

Benchmark Canada Cross-Border Litigation Forum, New York, September 27, 2012

"On the Oppression Remedy", presentation at Central West Judge's Education Seminar, Langdon Hall, Cambridge, Ontario September 6, 2012

"Discovering Ontario – An Increasingly Attractive Jurisdiction for the Resolution of Mass Investor Disputes", Commercial Bar Association North American Meeting 2012, Istanbul, June 7-9, 2012

"Class Actions Without Borders", The Advocates' Society International Conference, Buenos Aires, April 2012

"Managing and Conducting Internal Company Investigations in a Rapidly Changing Regulatory and Litigation Environment: Best Practices Lead to Best Results", Emerging Issues in Directors' and Officers' Liability, The Law Society of Upper Canada, Toronto, March 1, 2012

"Parallel Proceedings and Cross-Border Documentary Discovery", 2011 Spring Symposium, The Advocates' Society and The American College of Trial Lawyers, May 12, 2011

"Liability of Professionals in a Post-Financial Crisis Milieu: A 'Made in Canada' Tempered Response", Commercial Bar Association North American Meeting 2011, British Virgin Islands, April 14-16, 2011

"Liability without Borders: The Challenge of Being a Director and Officer in a Global Economy", 7^th Annual Directors' and Officers' Liability Course, Federated Press, Calgary, April 11-12, 2011

"Liability without Borders: The Challenge of Being a Director and Officer in a Global Economy", 6^thAnnual Directors' and Officers' Liability Course, Federated Press, Toronto, March 22-23, 2011

"Reducing the Risks of Directors and Officers in Securities Class Action Litigation", Securities Litigation & Enforcement Conference, The Canadian Institute, Toronto, October 19-20, 2010

"The Extent to Which Canadian Courts Will Provide Injunctive Support for Foreign Court Proceedings", Commercial Bar Association North American Meeting 2010, Lisbon, June 4, 2010

"An Update on Securities Class Actions in Ontario: Focusing on the Big Picture Post-IMAX", 5^th Annual Directors' and Officers' Liability Course – New Liability in the Current Regulatory Environment, Federated Press, Toronto, March 2-3, 2010

"Overview of Recent Developments in the Liability Exposure of In-House Counsel", Managing the Liability Risk of In-House Counsel, Federated Press, Toronto, October 21-22, 2009

"Selected Issues in Canada-United States Cross Border Litigation", The Twelve-Minute Civil Litigator 2009, Law Society of Upper Canada, Toronto, September 23, 2009

"An Update on Securities Class Actions in Ontario: Is this as Good as it Gets", Canadian Institute's 10^th Annual National Forum on Class Actions Litigation, Toronto, September 23-24, 2009

"Pain and Promise – Lessons from the Collapse of the Third-Party ABCP Market in Canada",

Commercial Bar Association North American Meeting 2009, Chicago, May 29, 2009

"Pain and Promise – Lessons from the Collapse of the Third-Party ABCP Market in Canada", 8^thAnnual Advanced Institute on Securities Litigation and Enforcement, Canadian Institute, Toronto, April 20 & 21, 2009

"An Update on Securities Class Actions in Ontario: The Importance of Making Sure the Gate is Working", Directors' & Officers' Liability – New Liability Risks in the Current Regulatory Environment, Federated Press, Toronto, March 9 & 10, 2009

"An Update on Securities Class Actions in Ontario: The Importance of Making Sure the Gate is Working", 19^th Annual Securities Superconference, Canadian Institute, February 2009

"Implications of the Supreme Court of Canada's Decision in Kerr v. Danier Leather for Directors' and Officers' Liability", Directors' and Officers' Liability – New Liability Risks in the Current Regulatory Environment, Federated Press, Toronto, March 26 & 27, 2008

"Implications of the Supreme Court of Canada's Decision in Kerr v. Danier Leather for Directors' and Officers' Liability", Directors' and Officers' Liability – New Securities Liability Risks in the Current Regulatory Environment, Federated Press, Calgary, January 16 & 17, 2008

"Parallel Claims in Contract and Tort – Do They Make a Difference", Torts Update 2007, Law Society of Upper Canada, December 12, 2007

"Giving Credit Where Credit is Due Process: The Consequences of Cooperation in an Ontario Securities Commission Investigation", 17^th Annual Securities Superconference, Canadian Institute, February 2007

"Sinking or Swimming in the Safe Harbour: The OSC's Proposed Policy 51-604 and the Business Judgment Rule", Osgoode Professional Development Program, Canadian Securities Law Update, January 2007

"The Court as Gatekeeper: Securities Class Actions and the New Role for the Court" (with TJ Adhihetty) 6^th Annual Securities Litigation Forum, Canadian Institute, November 2006

"Piling On: Multiple Avenues for Relief in Response to Corporate Misconduct", LexisNexis 3^rd Annual Commercial Litigation Conference, February 2006

"Business Judgment and Defensive Decision-Making: Directors and Officers Duties and Responsibilities after Peoples", 16^thAnnual Securities Superconference, Canadian Institute, February 2006

"Crisis Management: What to do When Wrongdoing Has Been Discovered", Regulatory Investigations: Effectively Managing Your Client's Exposure, Osgoode Professional Development Program, June 2005

"Preparing for the Road Ahead: Bill 198 and Secondary Market Disclosure" Securities Litigation Forum, Insight, June 2005

"Interrelationship Between Civil Proceedings and Regulatory Proceedings: Current Issues from a Canadian Perspective”, The Commercial Bar Association, April 2005

"Changes to Case Management: What it Means to Your Practice", Selective Case Management,

The Advocates' Society and The Law Society of Upper Canada, February 2005

"Securities Class Actions Update: The Market is Still Wide Open" (with Sarah Armstrong and Tracy Pratt), 15^th Annual Securities Superconference, The Canadian Institute, February 2005

"Don't Cart Away Mithras" (with David A. Hausman) Fourth Annual Advance Forum on Securities Litigation, The Canadian Institute, November 2004

"Opening Remarks", Task Force on Advocacy Policy Forum, The Advocates' Society, February 2004

"Protecting the Public Interest and Promoting Fairness in the Regulation of Ontario Capital Markets”, Fall Convention, The Advocates' Society, November 2001

"The Use of Cease Trade Orders in the Context of Securities Litigation" (with William P. Georgas), The Six Minute Commercial Advocate, The Law Society of Upper Canada, October 2001

"Civil Procedure: A Review of Selected Recent Developments in Civil Procedure", (with Rene Zanin), Operation Update, Canadian Bar Association – Ontario, September 2000

"Are Class Actions an Effective Way of Dealing with Corporate Misconduct?", Corporate Litigation Update, The Law Society of Upper Canada, November 1999

"The Contested Takeover Bid", The Law of Injunctions: An Update, Canadian Bar Association – Ontario, June 1999

"What's With Long Trials? The Advocates' Society Survey", Fall Convention, The Advocates' Society, November 1998

"Release of Health Records with Patient Consent; Release without Consent" Confidentiality of Health Records in Ontario, Medical Educational Services Inc., October 1997

"Release of Health Records with Patient Consent; Release without Consent" Confidentiality of Health Records in Ontario, Medical Educational Services Inc., October 1996

"Class Actions in the United States and Canada", Products Liability in Canada, Insight, March 1996

"Class Proceedings: New Direction for Securities Litigation" (with Maureen Helt), Shareholder and Securities Litigation, Insight, December 1995

"Recent Developments in Civil Procedure", Operation Update, Canadian Bar Association – Ontario, September 1995

"Regulation of Professionals and Disciplinary Hearings: A Practical Course", The Appeals Process, Infonex, June 1995

"Recent Developments Relating to Applications", Judgment Without Trial, Law Society of Upper Canada, May 1995

"A Review of Selected Recent Developments in Civil Procedure", Operation Update, Canadian Bar Association-Ontario, September 1991

"The Oppression Remedy: The Charter of Rights and Freedoms of Corporate Law" (with Kevin D. Lee), Shareholders Remedies, Insight, February 1990

"Internal Reports: Disclosure Issues", Protecting the Confidentiality of Business Information, Federated Press, October 1988

"Intermediaries: An Overview of the Liabilities of Freight Forwarders and Couriers" (with George J. Karayannides) Cargo Transportation, Canadian Bar Association-Ontario, May 1987

"Officeholders in the Municipal Context: Reconciling Rights with Realities" (with Faryl A. Hausman) Personnel and Labour Relations Issues in the Modern Municipal Corporation, Regional Municipality of Ottawa-Carleton, 1986

"Collections, Summary Judgments and Undefended Divorces", An Introduction to the New Rules of Civil Procedure for Solicitors, Canadian Bar Association-Ontario, January/February 1985

"The Aborted Transaction: How to prepare for it and what to do about it" (with Claude R. Thomson) The Three R's: Real Remedies for Real Problems in Real Property Practice, Canadian Bar Association-Ontario, November 1981

"Practical Problems Associated with Breach of Contract: Repudiation and Election of Remedies" (with Claude R. Thomson), Spring Convention, The Advocates' Society, 1981

"Lawyers in the Juvenile Justice System", Children and the State, Conference Proceedings, School of Social Work, Carleton University, (S.J. Albert, Editor), 1978

PANEL DISCUSSIONS²

7. "Fireside Chat with The Honourable Eleanore A. Cronk", The Advocates' Society 18^th Annual Spring Symposium, Toronto, April 24, 2019
8. "Objection, Your Honour!", The Advocates' Society – Civil Litigation Skills Certificate Program, Toronto, June 27, 2016

² Several of the papers presented at these Panel Discussions are listed in the prior section.

9. "Innovative Solutions to Resolving Commercial Disputes", Faculty of Law, University of Toronto, Arbitration Place, Toronto, April 14, 2015
10. "Shining a Spotlight on Arbitration and Mediation", The Advocates' Society, Toronto, April 14, 2015

"Drafting Motion Materials" (with Ranjan K. Agarwal), CBA Skilled Lawyer Series Programs (Webinar), Canadian Bar Association, February 20, 2014

"Corporate Governance: Beyond the Basics", Bennett Jones Webinar Live Event, September 24, 2013

"Special Committees to the Board: When, Why and How?", CBA Legal Conference, Saskatoon, August 18-20, 2013

"Corporate Governance: Beyond the Basics, Directors' Duties in Canada, 5th Edition", Bennett Jones Webinar Live Event, February 11, 2013

"Class Actions Without Borders", The Advocates' Society International Conference, Buenos Aires, April 2012

"New Areas in Development: Ethical Considerations Such as Third Party Funding, Arbitration and New Models to Address Personal Injury Claim", The 2011 OBA Class Action Colloquium, Toronto, December 1, 2011

"Certification Motions – Historical Perspective", 2011 Northwind Class Action Invitational Forum, Cambridge, Ontario, June 21, 2011

"Effective Strategies for Cross-Border Discovery Challenges", The Advocates' Society 10^thAnnual Spring Symposium, Toronto, May 12, 2011

"Reducing the Risks of Directors and Officers in Securities Class Action Litigation: Ensuring Good Governance, Strong Compliance Programs and Appropriate D&O Coverage", The Canadian Institute's 9^thAnnual Advanced Forum on Securities Litigation and Enforcement, Toronto, October 19, 20, 2010

"The Extent to Which Canadian Courts Will Provide Injunctive Support for Foreign Court Proceedings", Commercial Bar Association North American Meeting 2010, Lisbon, June 4, 2010

"The Judges Speak (Part I and Part II): Key Tips for Making Your Case (or Breaking Your Opponent's); Current Trends and Reading the Tea Leaves", Litigating Commercial Disputes, Osgoode Professional Development, June 15-16, 2010

"Advocacy Advice from the Bench", 2010 Spring Symposium, The Advocates' Society and The American College of Trial Lawyers, May 28, 2010

"Advocacy Challenges and Strategies for Dealing with More than one Regulator at Once", The Real Battleground in Securities Litigation: Advocacy Outside the Hearing Room, The Advocates' Society, April 22, 2010

"Securities Class Actions: Strategic Considerations for Special Circumstances", The Canadian Institute's 10^th Annual National Forum on Class Actions Litigation, September 23-24, 2009

"Where's Waldo Stuff? Chasing Assets Around a Wired World – Setting Up/Knocking Down Asset Protection Structures", Osgoode Professional Development, June 16, 2009

"Legal Issues Arising out of the Global Financial Crisis – Who is in the Firing Line? Potential Defendants, Potential Claims and Potential Pitfalls", The Commercial Bar Association North American Meeting 2009, May 29, 2009

"Legal Issues Arising out of the Global Financial Crisis – Does the Law have a Role in Sorting out the Mess?", The Commercial Bar Association North American Meeting 2009, May 29, 2009

"Ethical Dilemmas Confronting Trial Lawyers", 2009 Spring Symposium, The Advocates' Society and the American College of Trial Lawyers, May 8, 2009

"Managing the Litigation Risk Arising from Novel and Complex Products and Securities", 8^thAnnual Advanced Institute on Securities Litigation and Enforcement, The Canadian Institute, April 20-21, 2009

"Critical Developments in Securities Litigation, Class Actions and Settlements", 19^th Annual Securities Superconference, The Canadian Institute, February 18, 2009

"Top Ten Supreme Court of Canada Cases (Commercial)", The Advocates' Society Fall Convention, November 19, 2008

"Directors' & Officers' Rights, Obligations and Liabilities in a New Governance Environment", 6^th Annual Commercial Insolvency and Restructuring Conference, Insight, October 17, 2008

"Law Firm Pro Bono 101 – Best Practices", 2^nd National Pro Bono Conference, September 18, 2008 (Vancouver)

"Judges' Panel: Key Tips for Making Your Case (or Breaking Your Opponent's)", Litigating Commercial Damages, Osgoode Professional Development, June 11, 2008

"Evidentiary Lessons from AIT", A Guide to Securities Regulatory Proceedings: What Civil Lawyers Need to Know, The Advocates' Society, May 22, 2008

"Advocacy Before the Ontario Securities Commission: Helpful Tips", The Advocates' Society, May 22, 2008

"Critical Development in Securities Litigation, Class Actions and Settlements", 18^th Annual Securities Superconference, The Canadian Institute, February 2008

"Comparing Enforcement Approaches: Does a Border Make a Difference?", Dialogue with the OSC 2007, Ontario Securities Commission, November 27, 2007

"The Latest on Jurisdiction", Spring Symposium 2007 – Doing Justice to Your Case: Excellence in Advocacy, The Advocates' Society and American College of Trial Lawyers, May 2007

"Cutting Edge Development in Securities Litigation, Class Actions and Settlements", 17^thAnnual Securities Superconference, The Canadian Institute, February 2007

"Secondary Market Disclosure One Year Later: What You Need to Know", Canadian Securities Law Update, Osgoode Hall Law School Professional Development, January 2007

"The Closely Held Company Breakdown Part II: Accounting and Valuation Issues", Litigating Shareholder Disputes, Osgoode Professional Development, December 2006

"Gaining the Most for your client Through Working with the Regulators: The Capital Markets Enforcement Panel", 6^thAnnual Securities Litigation Forum, Canadian Institute, November 2006

"Securities Class Actions: Looking into the Crystal Ball", 6^thAnnual Securities Litigation Forum, Canadian Institute, November 2006

"Responding to the Needs of Unrepresented Litigants: A Call to Action", Into the Future: the Agenda for Civil Justice Reform Conference, Canadian Forum on Civil Justice, May 2006

The Second Annual Advanced Roundtable in Administrative Law, Law Society of Upper Canada, May 2006

"Special Ops and Tactical Tools: Requests to Admit and Strategic Uses of Settlement Offers" Sharpening the Sword: Tactics and Strategies for Lock n 'Load Litigation, Ontario Bar Association, March 2006

"Focus on the Witness", Windsor Court House Series, The Advocates' Society, February 2006

"Capital Markets Enforcement Update: The Regulators Speak", 5^th Annual Advanced Forum on Securities Litigation, The Canadian Institute, November 2005

"Law Partnering", Introduction to the Law Department Purchasing Consortium Greater New York Chapter of Association of Corporate Counsel, September 2005

"Significant Developments in Restructuring Landscape: Review of the Stelco Restructuring",

Commercial Insolvency & Restructuring, Insight, September 2005

"Parallel Proceedings: Issues in Related Civil, Regulatory and Criminal Proceedings", Spring Symposium 2005: Excellence in Advocacy, The Advocates' Society and the American College of Trial Lawyers, May 2005

"Securities Litigation: What You Need to Know About Class Actions and Settlements",

15^thAnnual Securities Superconference, The Canadian Institute, February 2005

"Focus on Argument", Hamilton Court House Series, The Advocates' Society, February 2005

"Imposing Harsher Penalties and Sanctions: The Impact of New Developments on Litigation and Settlements", Canadian Institute Advanced Forum on Securities Litigation, November 2004

"Professional Issues Panel", Civil Litigation Updated 2003, Practical Skills for the Litigator,

County of Carleton Law Association, Montebello Conference, November 2003

"Corporate Governance", Corporate Governance and Beyond, Eversheds and Hawksmere, London, England, November 2003

"The Regulator as Policymaker, Enforcer and Adjudicator", The Tenth Queen's Annual Business Law Symposium, October 2003

"Responding to Foreign Claims and Judgment", Cross-Border Litigation, Osgoode Hall Law School of York University, September 2003

"If it Please the Court: Effective Openings and Closings", Spring Symposium: The Art of Science of Trial Advocacy, The American College of Trial Lawyers and The Advocates' Society, May 2003

"Brave New World: Securities Litigation and Enforcement", Shareholder Rights and Remedies, Ontario Bar Association, February 2003

"What Civil Litigators Should Learn from the Law of Evidence in Criminal Cases", What Civil Litigators Need to Know About Criminal Law, Law Society of Upper Canada, January 2003

"Professional Issues Panel", Civil Litigation Updated 2002, Practical Skills for the Litigator,

County of Carleton Law Association, Montebello Conference, November 2002

"Employment and Commercial Law Damages Assessment Panel", Civil Litigation Updated 2002: Practical Skills for the Litigator, County of Carleton Law Association, Montebello Conference, November 2002

"Partnering: The DuPont Model", 2002 Law Firm Senior Officers' and Directors' Forum, Atlas Information (Canada), June 2002

"The Importance of the Preliminaries - Strategy in the Early Stages of an Action", Spring Symposium on Litigation Strategy: The Art and Science of Civil Litigation, American College of Trial Lawyers and The Advocates' Society, May 2002

"Commercial Litigation Surrounding Mergers and Acquisitions", Commercial Litigation, Insight, May 2002

"Pre-Hearing Matters: Interim Relief and Pre-Hearing Conferences", Administrative Law and Practice: Beyond the Basics, Law Society of Upper Canada, March 2002

"Creative Ways to Organize the Trial and Call Evidence in a Complex Case”, Simplifying Complex Litigation, The Advocates' Society, April 2001

"Professional Discipline" Suing and Defending Professionals, Law Society of Upper Canada, December 1998, "Making the Most of Your Pre-Trial", Civil Litigation Forum, Law Society of Upper Canada, November 2000

"Lawyer to Lawyer", Civility in the Legal Profession: A Policy Forum, The Advocates' Society, 2000

"Managing the Long Trial: Management of Charter Applications and Long Civil Trials", National Judicial Institute Superior Court of Justice Spring Educational Seminar, May 1999

"Public Contribution to Funding and Treatment of Adverse Outcomes in Industry Sponsored Research", Pharmaceutical Symposium, University of Toronto Office of Research Services, September 1998

"Conflicts of Interest Raised by a Bank's Multiple Roles: The Risks of "One Stop Shopping", 3^rd Annual Forum on Banking Litigation, Canadian Institute, April 1998

"Banks as Financial and Investment Advisors and Other Prime Sources of Liability", 2^nd Annual Forum on Banking Litigation, Canadian Institute, March 1997

"Discovery and the "Litigation Crisis" - Does Discovery have a future?", Mastering Discovery, Law Society of Upper Canada, June 1994

Conferences / Seminars – Chair, Organization Committee

“Trial from A to Z”, The Advocates’ Society, Toronto, May 11, 2017

"7th Annual Directors' and Officers' Liability Course", Federated Press, Calgary, April 11-12, 2011

"6th Annual Directors' and Officers' Liability Course", Federated Press, Toronto, March 22-23, 2011 (Toronto)

"Litigating Commercial Disputes", Osgoode Professional Development, June 15-16, 2010

"Mastering the Art of Advocacy", The Advocates' Society and the American College of Trial Lawyers Spring Symposium, May 28, 2010

"The Real Battleground in Securities Litigation: Advocacy outside the Hearing Room", The Advocates' Society, April 22, 2010

"5^th Annual Directors' and Officers' Liability Course – New Liability Risks in the Current Regulatory Environment", Federated Press, Toronto (March 2-3, 2010)

"Managing the Liability Risk of In-House Counsel", Federated Press, Toronto (October 21-22, 2009)

"Setting Up/Knocking Down Asset Protection Structures", Osgoode Professional Development, June 16, 2009

"Advocacy in Changing Times", The Advocates' Society and the American College of Trial Lawyers Spring Symposium, May 8, 2009

"4^th Annual Directors' and Officers' Liability Course – New Liability Risks in the Current Regulatory Environment", Federated Press, March 9 and 10, 2009 (Toronto)

"Litigating Commercial Damages", Osgoode Professional Development, June 10, 2008

"A Guide to Securities Regulatory Proceedings: What Civil Lawyers Need to Know", The Advocates' Society, May 22, 2008

"Trials and Tribulations: The Practical Advocate", The Advocates' Society and the American College of Trial Lawyers Spring Symposium, May 2, 2008

"Directors and Officers Liability -- New Liability Risks in the Current Regulatory Environment", Federated Press, January 16 & 17, 2008 (Calgary) and March 26 & 27, 2008 (Toronto)

Sixth Annual Advanced Forum on Securities Litigation, Canadian Institute, November 2006

"Advanced Litigation Skills Certificate Program: Advanced Practical Advocacy", The Advocates' Society, December 2005

"Rule Traps and Triumphs: Rule Driven Strategies to Achieve Success Before and at Trial", The Advocates' Society, January 2005

DuPont Primary Law Firm Network Border Conference, May 2001 The Advocates' Society Fall Convention, November 2000 (Co-Chair)

"Advocacy in the 21^st Century", The Advocates' Society Spring Symposium, June 2000 The Advocates' Society Fall Convention, November 1999 (Co-Chair)

"Agents and Fiduciaries…The ties that bind…Most of the time" (with Margaret A. Ross, Co-Chair), The Law Society of Upper Canada, April 1999

The Advocates' Society Fall Convention, November 1998 (Co-Chair)

American Society of Law and Medicine, Third International Conference on Health Law and Ethics, Toronto, July 1992

Connaught Programme on Family Law and Social Welfare, Seminar on the Child and the Courts, November 1976

Newspaper and Magazine Articles

"Round II to the Provinces: Quebec Court of Appeal Rejects Canadian Securities Act as Unconstitutional" (with Ranjan Agarwal, Preet Bell, Scott Bower), Ultimate Corporate Counsel Guide (2011) 52 p. 1

"Round II to the Provinces: Quebec Court of Appeal Rejects Canadian Securities Act as Unconstitutional" (with Ranjan Agarwal, Preet Bell, Scott Bower), CCH – Canadian Securities Law News, May 2011, No. 208

"Movin' on up: effective motion advocacy" (with Ranjan Agarwal), Canadian Lawyer Magazine, May 23, 2011, http://www.canadianlawyermag.com/movin-on-up-effective-motion-advocacy.html

"Clarifying the Law for Director's Duties" (with Ranjan Agarwal), Canadian Insurance Business Magazine, November 2009, p. 27

"State of Securities Class Actions" (with Jonathan Bell), Canadian Insurance Business Magazine, http://www.cdnins.com/claimsandlegal/claimsandlegal_080909_08.html

"Now's the Time" (Need for a Canadian Securities Commission), National Post, April 2, 2008, page FP15

"SCC to Consider Business Judgment Rule", The Lawyers' Weekly, February 16, 2007, page 16 "Saying Yes to No Contest" (with Cheryl Dunsten), National Post, February 14, 2006, page FP 19 "A Perception of Bias", Financial Post, June 24, 2003, page FP 11

"A Better Process", Financial Post, April 17, 2002, page FP 17 "Fair Process Needed", Financial Post, April 16, 2002, page FP 15 "A Plea for Balance", Financial Post, November 28, 2000, page C19

"New Rules Cases for all Stages of Litigation" [The New Civil Procedure] (1986), 5:44 Ontario Lawyers Weekly, page 21

"New Rules Cases for all Stages of Litigation" [The New Civil Procedure] (1986), 5:48 Ontario Lawyers Weekly, page 16

"Innovations appear in New Rules Cases" [The New Civil Procedure] (1986), 5:40 Ontario Lawyers Weekly, page 24

"Cases Clarify Parties, Pleadings, Privilege" [The New Civil Procedure] (1986), 5:36 Ontario Lawyers Weekly, page 27

"The End of Year One for the New Rules" [The New Civil Procedure] (1985), 5:31 Ontario Lawyers Weekly, page 12

"The Courts and the Rules in their first Seven Weeks" [The New Civil Procedure] (1985), 4:15 Ontario Lawyers Weekly, page 12

"Proper Parties and Pre-Trial Disclosure" [The New Civil Procedure] (1985), 5:23 Ontario Lawyers Weekly, page 16

"New Rules Give Scope to Discovery Process" [The New Civil Procedure] (1985), 5:27 Ontario Lawyers Weekly, page 16

"More Comparison of New and Former Rules" [The New Civil Procedure] (1985), 5:11 Ontario Lawyers Weekly, page 16

"Involving Non-Parties in Ongoing Litigation" [The New Civil Procedure] (1985), 5:15 Ontario Lawyers Weekly, page 20

"Courts giving Liberal Rules Interpretations" [The New Civil Procedure] (1985), 5:3 Ontario Lawyers Weekly, page 12

"Caselaw Moving from Transitional to New Issues" [The New Civil Procedure] (1985), 4:19 Ontario Lawyers Weekly, page 12

Miscellaneous / Updates

Introduction of Robert Byman of Jenner & Block LLP at the 17th^th Annual Spring Symposium, The Advocates' Society, April 2018

Introduction of Christy D. Jones of Butler Snow LLP at the 14^th Annual Spring Symposium, The Advocates' Society, May 2015

Securities Litigation Update: "OSC Proposes New Whistleblower Program, with Financial Awards" (with Alan P. Gardner, Usman M. Sheikh, Jonathan Ip and James T. McClary), Bennett Jones February 2015

Introduction of the Honourable Justice William J. Kayatta, Jr. of U.S. Court of Appeals for the First Circuit at the 13^th Annual Spring Symposium, The Advocates' Society, May 2014

Class Actions Update: "The Test for Leave under Part XXIII.1: Ambiguity Remains" (with Michael A. Eizenga and Jonathan A. Bell), Bennett Jones August 2013

Introduction of Canadian Supreme Court Justice Andromache Karakatsanis as Honorary Fellow of the American College of Trial Lawyers, Naples (2013)

Commercial Litigation Update: "Not on the Rink in My Backyard" (with April D. Grosse and Sheena L. Owens), Bennett Jones May 2013

Introduction of Earl Silbert of DLA Piper at the 12^th Annual Spring Symposium, The Advocates' Society, April 26, 2013

Class Action Litigation Update: "There is a Border in Cross-Border Proceedings - NASDAQ Purchasers Excluded from Ontario Class in IMAX" (with Jonathan G. Bell and Eric R. Hoaken), Bennett Jones April 2013

Commercial Litigation Update: "Avoiding Self-Incrimination in Canada - The Overlap of Criminal and Civil Proceedings Has a New Frontier" (with Ranjan K. Agarwal and Stephen N.

Libin), Bennett Jones December 2012

"Conversation with Justice Moldaver" with Jeffrey Leon and David W. Scott as Interlocutors, The American College of Trial Lawyers 2012 Annual Meeting, New York, October 20, 2012

Introduction of Greg Joseph, 11^th Annual Spring Symposium – The Practical Advocate: Achieving Excellence in Advocacy, The Advocates' Society and the American College of Trial Lawyers, May 2012

Class Actions Update: "Regulatory Settlements and Class Proceedings: The Ontario Court of Appeal Closes the Door, but is a Window Still Open?" (with Michael E. Eizenga and Preet K. Bell), Bennett Jones January 2012

Commercial Litigation Update: "The Court of Appeal Clarifies Ontario's Summary Judgment Rule" (with Ranjan K. Agarwal and Stephen Libin), Bennett Jones December 2011

"Advocacy in International Arbitration – Different Cultural and Procedural Approaches" Mock Arbitration, American Bar Association Annual Meeting, August 2011

Commercial Litigation Update: "Round II to the Provinces: Quebec Court of Appeal Rejects Canadian Securities Act as Unconstitutional" (with Ranjan K. Agarwal, Preet K. Bell and Scott H. D. Bower), Bennett Jones March 2011

Commercial Litigation Update: "Round I to the Provinces: Alberta Court of Appeal Rejects Canadian Securities Act as Unconstitutional" (with Ranjan K. Agarwal, Preet K. Bell and Scott H. D. Bower), Bennett Jones March 2011

Class Actions Update: "Leave and Certification for Secondary Market Securities Class Action: Defendants are Still on Thin Ice" (with Jonathan G. Bell and Eric R. Hoaken), Bennett Jones March 2011

Class Actions Update: "Class Actions and Regulatory Proceedings: The Court Giveth and the Court Taketh Away" (with Preet K. Bell and Michael A. Eizenga), Bennett Jones March 2011

"IMAX and Securities Class Actions Involving the Secondary Market: The Big Picture is Still Not Clear" (with Preet K. Bell), Bennett Jones March 2011

"Reducing Risks of Directors and Officers in Securities Class Action Litigation: A Refresher" (with Jonathan G. Bell), Bennett Jones December 2010

"In Memoriam: Claude R. Thomson, Q.C." (2011), 29(4), The Advocates' Journal, 26

"What's the Difference between me and you?", Luncheon Address – Canadian Institute's 11^th Annual National Forum on Class Actions Litigation, September 28-29, 2010 (Toronto)

"In Memoriam: A Tribute to Justice Stephen Borins" (2009), 28(2), The Advocates' Journal, 25 "An Open Letter" (2009), The Advocates' E-Brief

Introduction of Ontario Chief Justice Warren Winkler, American College of Trial Lawyers Annual Meeting, September 2008, Reprinted in part in (2009), 61 (Spring) The Bulletin 44

Guest Instructor, Intensive Trial Advocacy Workshop, Osgoode Professional Development, 2008 (and other years)

Counsel, 2008 Moot Court, Commercial Bar Association (UK), Berlin, 2008

"Introduction to Keynote Speaker", Spring Symposium 2007 - Doing Justice to Your Case: Excellence in Advocacy, The Advocates' Society and American College of Trial Lawyers, May 2007

"Responding to the Needs of Unrepresented Litigants: A Call to Action", Pro Bono Law Bulletin,

Fasken Martineau DuMoulin, May 2006

"Proving Due Diligence" A Practical Guide to Ontario Secondary Market Liability Regime,

Fasken Martineau DuMoulin, November 2005

"When is a House a Home?" (2004), 15:7 The Advocates' E-Brief 1 "The Final Thank You" (2004), 15:8 The Advocates' E-Brief 1

"The Danier Leather Case" (with Tracy A. Pratt), Securities Litigation Bulletin, Fasken Martineau DuMoulin, June 2004

"The Judicial Appointment Process: Time May Not Be on Our Side" (2004), 15:6 The Advocates'

E-Brief 1

"Rethinking How We Litigate to Ensure we Continue to Litigate" (2004), 15:5 The Advocates'

E-Brief 1

"Introduction", The Advocates' Society: A History of Its First 40 Years, The Advocates' Society 2004

"Introduction" Report of The Advocates' Society Task Force on Advocacy, The Advocates' Society, 2004

"The Supreme Court of Canada Rules of Directors Duties" (with Sarah Armstrong), Securities Litigation Bulletin, Fasken Martineau DuMoulin, December 2004

"Introductory Remarks", Spring Symposium on Advocacy: The Art of Persuasion, The American College of Trial Lawyers and The Advocates' Society, April 2004

"Corporate Governance", Current Litigation Issues: Practical Litigation Knowledge to Meet Your Business Needs, Fasken Martineau DuMoulin, May 2004

"Closing Remarks", Fall Convention, The Advocates' Society, November 2003

"Class Actions in Canada - A Cross-Border Perspective" (with Laura Cooper) Fasken Martineau DuMoulin, October 2003

"A Win-Win-Strategy for Corporate and Outside Counsel: Collaboration and Business Discipline in Providing Legal Services" (with Roxanne McCormick, Douglas Scott and Howard Kaufman),

Fasken Martineau DuMoulin, August 2003

"Recent Developments in Public Company Litigation: Corporate Governance, Oppression and Class Actions" (with Sarah J. Armstrong and Rikin Moraria), Fasken Martineau DuMoulin, June 2003

"Whatever Happened to the Long Vacation?" (2003), 15:2 The Advocates' Brief 4

"The Hague and International Justice: Living Vicariously Through Lawyers Who Have Made A Difference" (2003), 15:3 The Advocates' Brief 1

"Remarkable Advocates: Honouring our Heroes" (2003), 15:4 The Advocates' E-Brief 1

"Creating Opportunities for Advocacy and Preserving the Adversarial Tradition" (2003), 15:1 The Advocates' Brief 1

"Contribution to The Mentoring Task Force - An Advocate's Guide to Good Mentoring", The Advocates' Society, 2002

"Securities Law and Class Proceedings in Canada: Some Promise, Some Delivery" (with David A. Hausman and Heather C. Devine), Class Action Proceedings: Certification is Just a Motion Away, Fasken Martineau DuMoulin, February 2001

"Are your Business Clients Organized Criminals? We Don't Think So" (with Karen Hauser) (2001), 12:6 The Advocates' Brief 1

"Administrative Justice and the Ontario Securities Commission: Balancing Fairness with the Fifth Estate" (2000), 12:2 The Advocates' Brief 1

"Yet Another: Top 10 List…" (1999), 11:5 The Advocates' Brief 1

Long Civil Trials Task Force Report, The Advocates' Society, July 1998

Introduction of Speaker, The Distinguished Wilson Abernethy Lecture by Professor John Hagan,

Institute for Human Development, Life Course and Aging, University of Toronto, 1997

"Final Report of the Civil Litigation Task Force" (with Arthur M. Gans and Paul F. Morrison), The Advocates' Society, December 1995

"Demonstration of (Direct) Examination and Cross-Examination of the Defendant's Expert", Winning Advocacy Skills (3^rd Edition), Canadian Bar Association, Young Lawyers and Notaries Conference, Toronto, 1994

"Understanding the Litigation Process" (Part II) (with Brian A. Facey) Rosenthal & Zaretsky Tax Letter 1993

"Understanding the Litigation Process" (Part I) (with Brian A. Facey) Rosenthal & Zaretsky Tax Letter 1993

"Supreme Court of Canada Clarifies Law of Informed Consent to Medical Treatment" (1993), 8 The Fasken Monitor 12

"Ontario Court Interprets Non-Call for Financial Advantage Clause to Permit Redemption of Debentures", Securities and Public Transactions Bulletin, Fasken Campbell Godfrey, September 1993

"Court Renders Decision in New Quebec Raglan Mines Limited Case: Fair Value of Dissenter's Shares, Securities and Public Transactions Bulletin, Fasken Campbell Godfrey, September 1993

"Recent Decisions Dealing with Hospital Privileges" (1992) 6 The Fasken Monitor 15

"Statutory Arrangements in the Courts: The Canadian Pacific Case and Beyond", Securities and Public Transactions Bulletin, Fasken Campbell Godfrey, February 1991

"Custody", Family Law Practice Notes, Law Society of Upper Canada, Bar Admission Course, 1980-81

"Representation of Children in Family Court Proceedings", Family Law Practice Notes, Bar Admission Course, Law Society of Upper Canada 1979-80 and 1980-81

"The Lawyer and Section 20 of the Child Welfare Act, 1978: Problems and Prospects" Independent Representation for Children, Child Representation Program, Office of the Official Guardian, Ministry of the Attorney General, 1979

"Prescriptions to the Elderly in a Family Practice" (with Ruth Cooperstock), Non-Medical Use of Drugs Directorate Health and Welfare Canada, 1978

"Legal Representation of Children in Selected Court Proceedings: The Capacity of Children to Retain Legal Counsel", Report No. 1 of the Centre for Urban and Community Studies, The Child in the City Program, University of Toronto, 1978

"Readings and Materials on Drug Use and Crime", Centre of Criminology, University of Toronto, 1978

"Aspects of Consent to Medical Treatment: Doctors, Drugs and the Elderly", Non-Medical Use of Drugs Directorate Health and Welfare Canada, 1976

"A Selected Bibliography", The Child and the Courts (Preliminary Edition), The Programme on Family Law and Social Welfare, Faculty of Law, University of Toronto, 1976

"The Oshawa Drug Study: Frequency and Patterns of Drug Use Among Young People in Oshawa", Addiction Research Foundation 1975

"Drug Related Deaths in Metropolitan Toronto 1973", Non-Medical Use of Drugs Directorate Health and Welfare Canada, 1975; Addiction Research Foundation, 1975

Recent Recognitions

• Chambers Canada
  Ranked, Litigation: General Commercial - Ontario and Dispute Resolution: Class Actions (Defence)
  Chambers Global The World's Leading Lawyers for Business
  Ranked, Dispute Resolution: Canada
  The Legal 500 Canada
  Leading Lawyer, Dispute Resolution: Ontario
• The Canadian Legal Lexpert Directory
  Most Frequently Recommended, Litigation - Corporate Commercial
  Consistently Recommended, Litigation - Directors' & Officers' Liability, Class Actions, Litigation - Securities
  Repeatedly Recommended, Commercial Arbitration; Litigation - Commercial Insurance; Litigation - Product Liability; Litigation - Regulatory and Public Law; and Professional Liability
• Best Lawyers in Canada
  Recognized in the areas of Bet-the-Company Litigation; Class Action Litigation; Corporate and Commercial Litigation; Director and Officer Liability Practice; Legal Malpractice Law; Securities Law
• Euromoney Legal Media Group Litigation Expert Guide
  Recognized as one of the leading practitioners in litigation
• Expert Guides The Best of the Best
  Recognized as one of Canada's Top 60 litigators
• Benchmark Litigation: Canada
  Hall of Fame
  Recognized as one of the Top 50 Trial Lawyers in Canada
  Recognized as a Litigation Star
• LexisNexis Martindale- Hubbell
  AV Preeminent Peer Review Rating
• Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
  Ranked, Litigation - Corporate Commercial
• Lexpert Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada
  Recognized as one of Canada's leading cross-border litigators
• Lexpert/Report on Business Special Edition - Canada's Leading Litigation Lawyers
  Recognized as a leading litigation lawyer in Canada
• Who's Who Legal Canada
  Recognized, Litigation
• Who's Who Legal Litigation
  Recognized as a leading lawyer in the area of litigation
• Who's Who Legal Product Liability Defence
  Recognized as a leading lawyer in the area of product liability
• Who's Who Legal: Thought Leaders - Litigation
  Highly Recommended as a leader in the field of Litigation

List Cases

Jeffrey S. Leon

Lipson v. Lipson, 2020 ONSC 1324

Re JTI-Macdonald Corp., 2019 ONSC 2611

Re JTI-Macdonald Corp., 2019 ONSC 2222

Clyde Bergemann Canada Ltd. v. Lorneville Mechanical Contractors Ltd., 2018 NSCA 14

British Columbia v. Philip Morris International, Inc., 2018 SCC 36

Castillo v. Xela Enterprises Ltd. et al., 2016 ONSC 6088

Allen v. The Manufacturers Life Insurance Company, 2016 ONSC 5895

Sheikh v. Pearl, 2016 ONCA 523 (Ont. C.A.)

Ashar v Irving Oil Limited, 2016 ABCA 15

Margarita Castillo v. Xela Enterprises Ltd. et al., 2015 ONSC 7978

Canadian National Railway Company v. Canadian Pacific Railway Company, 2015 ONSC 6843

Receiver Reliance Insurance Company, 2015 ONSC 7489 Margarita Castillo v. Xela Enterprises Ltd. et al., 2015 ONSC 6671 Akagi v. Synergy Group (2000) Inc., 2015 ONCA 771

Energy Fundamentals Group Inc. v. Veresen Inc., 2015 ONSC 692

Akagi v. Synergy Group (2000) Inc., 2015 ONCA 368; 125 O.R. (3d) 401 Margarita Castillo v. Xela Enterprises Ltd., et al., 2014 ONSC 4046 (Ont. S.C.J.) Growthworks Canadian Fund Ltd. (Re), 2014 ONSC 2253 (Ont. S.C.J.)

Magill v. Expedia, Inc., 2014 ONSC 2073 (Ont. S.C.J.)

Growthworks Canadian Fund Ltd. (Re), 2014 ONSC 1856 (Ont. S.C.J.)

Magill v. Expedia, Inc., 2014 ONSC 1634 (Ont. S.C.J.)

Magill v Expedia, Inc., 2014 ONSC 642 (Ont. S.C.J.)

Xela Enterprises Ltd. et al v Margarita Castillo et al, 2013 ONSC 6527 (Ont. S.C.J.)

Teva v Novartis Pharmaceuticals, [2013] FCA 244 Magill v Expedia, Inc., 2013 ONSC 3273 (Ont. S.C.J.) Gledhill v LeDonne, 2013 ONSC 2987 (Ont. S.C.J.)

Novartis Pharmaceuticals Canada Inc. v Teva Canada Limited, 2013 FC 283

Magill v Expedia Inc. (2013), 36 C.P.C. (7th) 74 (Ont. S.C.J.)

A.B. v Bragg Communications Inc., [2012] S.C.C. 46

Mendlowitz v Chiang (Trial) 2012 ONSC 3922 (Ont. S.C.J.) BlackRock v Metcalfe & Mansfield, 2012 ONSC 4081 (Ont. S.C.J.) Silver v IMAX, 2012 ONSC 4064 (Ont. S.C.J.)

Silver v IMAX (2012), 110 O.R. (3d) 425 (Ont. S.C.J.)

BTR Global Opportunity Trading Limited v RBC Dexia Investor Services Trust, 2012 ONSC 1868 (Ont. S.C.C.)

Dobbie v Arctic Glacier Income Fund, 2012 ONSC 773 (Ont. S.C.J.)

Barclays Bank PLC v Devonshire Trust (Trustee of) (2011), 93 B.L.R. (4th) 205 (Ont. S.C.J.)

Computershare Trust Company of Canada v Crystallex International Corporation, 2011 ONSC 5748 (Ont. S.C.J.)

BTR v RBC Dexia, et al. and LBIE, 2011 ONCA 620 (Ont. C.A.)

R. v Imperial Tobacco Canada Ltd., [2011] S.C.C. 42; (2011), 335 DLR (4^th) 513 (S.C.C.)

Dobbie & Benson v Arctic Glacier Income Fund, et al. 2011 ONSC 25 (Ont. S.C.J.)

BTR Global Opportunity Trading Limited, et al. v RBC Dexia Investor Services Trust, et al., 2011 ONCA, 518 (Ont. C.A.)

BTR v RBC Dexia, et al. and LBIE, 2011 ONSC 316 (Ont. S.C.J.)

Mendlowitz v Chiang (Funding), 2011 ONSC 5790 (Ont. S.C.J.)

Mendlowitz v Chiang (Admission of Evidence), 2011 ONSC 2344 (Ont. S.C.J.)

Mendlowitz v Chiang (Unpaid Court Costs), 2011 ONSC 2228 (Ont. S.C.J.)

Mendlowitz v Chiang (Res Judicata), 2011 ONSC 1989 (Ont. S.C.J.)

Mendlowitz v Chiang (Security for Costs & Security to Support Undertaking), [2011] 16 C.P.C. (7^th) 379 (Ont. S.C.J.)

Mendlowitz v Chiang (2011), (Winner & Huang’s Legal Fees #2), 2011 ONSC 760 (Ont. S.C.J.)

Mendlowitz v Chiang (motion for adjournment; C. Chiang’s motion to amend), 2010 ONSC 6986 (Ont. S.C.J.)

Mendlowitz v Chiang (motions re payment of legal fees; return of US$460,000 & setting aside interlocutory declaratory order), 2010 ONSC 6102 (Ont. S.C.J.)

Mendlowitz v Chiang (costs re contempt motion), 2010 ONSC 4843 (Ont. S.C.J.)

Mendlowitz v Chiang (contempt motion), 2010 ONSC 2551 (Ont. S.C.J.)

Magill v Expedia Canada Corporation and Expedia.ca, 2010 ONSC 5247 (Ont. S.C.J.)

Aronowicz and E.F.C. Enterprises Ltd. v Emtwo Properties Inc. (2010), 98 O.R. (3d) 641; 64 B.L.R. (4^th) 163; 316 D.L.R. (4^th) 621 (Ont. C.A.)

PricewaterhouseCoopers LLP v Minister of National Revenue, [2010] Fed. Ct. January 18, 2010

Mendlowitz & Associates Inc., Korea Data Systems (USA) Inc. v Chiang and Winner International Group Ltd., [2009] O.J. No. 3857 (Ont. S.C.J.)

Charles Trust (Trustee of) v Atlas Cold Storage Holdings Inc. (2009), 311 D.L.R. (4^th) 323; 78 76

C.P.C. (6^th) 208 (Ont. CA.)

Re JTI-MacDonald Corp., [2009] O.J. No. 4534 (Ont. S.C.J.)

In the Matter of Research in Motion Limited, et al, (2009), 32 OSCB 4434 (May 21, 2009)

Aronowicz and E.F.C. Enterprises Ltd. v Emtwo Properties Inc., et al. (2009), 96 O.R. (3d) 510; 61 B.L.R. (4^th) 183 (Ont. S.C.J.)

BTR Global Opportunity Trading Ltd. et al v RBC Dexia Investor Services Trust, [2009] O.J. No. 5586 (Ont. S.C.J.)

Barclays Bank PLC v Metcalfe & Mansfield Alternative Investments VII Corp., et al., [2009] O.J.

Paul Lawrence, et al. v Atlas Cold Storage, et al., [2009] O.J. No. 4271 (Ont. S.C.J.)

Re Manulife Securities Investment Services Inc. (formerly known as Manulife Securities International Ltd.) (2008), Mutual Fund Dealers Association

Manulife Securities International Ltd. v Société Générale et al., [2009] O.J. No. 77 (Ont. S.C.)

BTR Global Opportunity Trading Ltd. et al. v RBC Dexia Investor Services Trust, [2008] O.J. No. 4578 (Ont. S.C.J.)

Gouveia v Encon Group Inc. et al., [2008] O.N.C.A. 745

ATB Financial v Metcalfe & Mansfield Alternative Investments II Corp. (2008), 47 B.L.R. (4^th) 74 (Ont. S.C.J.)

Re Metcalfe & Mansfield Alternative Investments II Corp. et al. (2008), 92 O.R. (3d) 513; 296

D.L.R. (4^th) 135; 47 B.L.R. (4^th) 123 (Ont. C.A.)

Re Metcalfe & Mansfield Alternative Investments II Corp. et al., [2008] O.J. No. 2265 (Ont. S.C.J.)

ATB Financial v Metcalfe & Mansfield Alternative Investments II Corp. (2008), 46 B.L.R. (4^th) 131 (Ont. S.C.J.)

ATB Financial v Metcalfe & Mansfield Alternative Investments II Corp. (2008), 45 B.L.R. (4^th) 213 (Ont. S.C.J.)

Manulife Securities International Ltd. v Société Générale et al., [2008] O.J. No. 1698 (Ont. Div Ct.)

Manulife Securities International Ltd. v Société Générale et al. (2008), 90 O.R. (3d) 377 (Ont. S.C.J.)

Stelco Inc. (Re) (2007), 32 B.L.R. (4^th) 77 (Ont. C.A.)

Portus Alternative Asset Management Inc. (Re), (2007), 88 O.R. (3d) 313 (Ont. S.C.J.)

Aronowicz v Aronowicz, [2007] O.J. No. 295 (Ont. S.C.J.)

The Manulife Life Insurance Company v Ward, et al. (2007), 288 D.L.R. (4^th) 733; 288 D.L.R. (4^th) 733; 56 C.C.L.I. (4^th) 2; 235 O.A.C. 325 (Ont. C.A.)

Ventas, Inc. et al. v Sunrise Senior Living Real Estate Investment Trust et al (2007), 85 O.R. (3d) 254; 29 B.L.R. (4^th) 312 (Ont. C.A.)

Aronowicz et al v Aronowicz et al (2007), 84 O.R. (3d) 428 (Ont. S.C.J.)

Ferring Inc. v Canada (Minister of Health); Sanofi-Aventis Canada Inc. v Canada (Minister of Health) (2007), 60 C.P.R. (4^th) 273 (F.C.A.)

Ferring Inc. v Canada (Minister of Health) (2007), 55 C.P.R. (4th) 271; [2008] 1 F.C.R. 19 (F.C.)

T.F. v General Manager of the Ontario Health Insurance Plan et al, [2006] O.J. 4357 (Ont. Div Ct.)

1465778 Ontario Inc. v Cavalieri (2006), 82 O.R. (3d) 757 (Ont. C.A.)

Ivaco Inc. (Re) (2006), 83 O.R. (3d) 108 (Ont. C.A.); 275 D.L.R. (4^th) 132; 26 B.L.R. (4^th) 43 (Ont. C.A.)

Lawrence et al v Altas Cold Storage et al, [2006] O.J. No. 3770 (Ont. S.C.J.)

Ontario Securities Commission v Portus Alternative Asset Management Inc. et al (2006), 19

C.B.R. (5^th) 17 (Ont. S.C.J.)

United Grain Growers v Commissioner of Competition, 2006 Comp. Trib. 24 United Grain Growers v Commissioner of Competition, 2006 Comp. Trib 25 In the Matter of Financial Models Company Inc. (2005), 28 O.S.C.B. 2184 BNY Capital Corp. v Katotakis, [2005] O.J. No. 813 (Ont. S.C.J.)

BNY Capital Corp. v Katotakis, [2005] O.J. No. 640 (Ont. C.A.)

Shoppers Trust Corp. (Liquidator of) v Shoppers Trust Co. (2005), 4 O.R. (3d) 652; 251 D.L.R. (4^th) 315 (Ont. C.A.)

Stelco Inc. (Re), [2005] O.J. 802 (Ont. C.A.)

Stelco Inc. (Re) (2005), 75 O.R. (3d) 5; 253 D.L.R. (4^th) 109 (Ont. C.A.)

Ivaco Inc. (Re) (2005), 12 C.B.R. (5^th) 213 (Ont. S.C.J.)

Ivaco Inc. (Re), [2005] O.J. 3325 (Ont. S.C.J.)

R. v Gouveia, [2005] O.J. 5740 (Ont. C.J.)

R. v Gouveia, [2005] CarswellOnt. 5173 (Ont. C.J.)

Golden Star Resources Ltd. v IAMGOLD Corporation, [2004] O.J. No. 2869 (Ont. S.C.J.)

Stelco Inc. (Re), [2004] O.J. 4382, 4383 and 4937 (Ont. S.C.J.)

Dupont Canada Inc. v Canada, [2003] S.C.C.A. 18 (S.C.C.) Gariepy v Shell Oil Co. et al, [2003] O.J. 2490 (Ont. S.C.J.) Gariepy v Shell Oil et al, [2002] O.J. 2766 (Ont. S.C.J.) Gariepy v Shell Oil et al, [2002] O.J. 4022 (Ont. S.C.J.)

In the Matter of Yorkton Securities et al, [2002] O.S.C.B.

Noldin et al v Prince et al, [2001] O.J. 3402 (Ont. S.C.J.)

Saskatchewan Wheat Pool v 1037619 Ontario Inc. et al (2001), 39 R.P.R. (3d) 196 (Ont. C.A.)

DuPont Canada Inc. v Canada, [2001] F.C.J. 557 (Fed. C.A.) Akimbo Hotel Corp. v Noldin, [2001] O.J. 230 (Ont. S.C.J.) NBD Bank, Canada v Dofasco Inc. [2000] S.C.C.A. 96 (S.C.C.)

Thunder Bay (City) v 1013951 Ontario Ltd. (2000), 32 R.P.R. (3d) 63 (Ont. S. Ct.) Gazit (1997) Inc. v Centrefund Realty Corp. (2000), 8 B.L.R. (3d) 81 (Ont. S. Ct. - C.L.) Gariepy et al v Shell Oil Company et al (2000), 51 O.R. (3d) 181 (Ont. S. Ct.)

Bloor Italian Gifts et al v Dixon et al (2000), 48 O.R. (2d) 760 (Ont. C.A.) Saskatchewan Wheat Pool v 1037619 Ontario Inc. et al, [2000] O.J. 4569 (Ont. S. Ct.) In the Matter of R.T. Capital et al, [2000] O.S.C.B.

Bloor Italian Gifts Ltd. v Dixon, [1999] O.J. 1934 (Ont. C.A.)

Bloor Italian Gifts Ltd. v Dixon, [1999] O.J. 2493 (Ont. Div Ct.)

NBD Bank, Canada v Dofasco Inc. (1999), 46 O.R. (3d) 514 (Ont. C.A.)

In the Matter of Maple Leafs Sports and Entertainment Ltd. et al, [1999] O.S.C.B.

Noldin et al v Prince et al, [1998] O.J. 2489 (Ont. C.J.-Gen.Div.)

Shoom v Bank of Nova Scotia, [1998] O.J. 718 (Ont. C.J.-Gen.Div.-C.L.)

Krop v College of Physicians and Surgeons of Ontario (1997), 47 Admin L.R. 149 (Ont. Div Ct.) NDB Bank v Dofasco Inc. (1997), 34 B.L.R. (2d) 209 (Ont. C.J.-Gen.Div.-C.L.)

Armstrong World Industries Inc. v Arcand (1997), 36 B.L.R. 171 (Ont. Ct.-Gen.Div.-C.L.)

Ballard et al v Stavro et al (1997), 10 C.P.C. (4^th) 114 (Ont. Ct.-Gen.Div.-C.L.)

Ballard et al v Stavro et al, [1997] O.J. 3577 (Ont. C.J.-Gen.Div.-C.L.)

Bloor Italian Gifts et al v Dixon et al, [1997] O.J. 3088 (Ont. C.J.-Gen.Div.)

New Quebec Raglan Mines Ltd. v Blok-Anderson et al, [1997] O.J. 2222 (Ont. C.A.)

Noldin et al v Prince et al, [1997] O.J. 575 (Ont. C.J.-Gen.Div.)

Dupont Canada Inc. v Wood Gundy Inc., [1997] O.J. 301 (Ont. C.J.-Gen.Div.-C.L.)

In the Matter of David Bainsdale et al, [1997] O.S.C.B.

Ontario Hydro v Corporation of Tower of Ajax et al, [1996] O.J. 3411 (Ont. Ct.-Gen.Div.) Ontario (Attorney General) v Ballard Estate et al, [1996] O.J. 919 (Ont. Ct.-Gen.Div.-C.L.) Maxwell v MLG Ventures Limited et al (1996), 30 O.R. (3d) 304 (Ont. Ct.-Gen. Div.)

Canadian Newspapers Company Limited v Kansa General Insurance Company Ltd. et al (1996), 30 O.R. (3d) 257 (Ont. C.A.)

Ontario (Attorney General) v Ballard Estate et al (1995), 44 C.P.C. (3d) 98 (Ont. C.J.-Gen.Div.-C.L.)

Maxwell v MLG Ventures, Ltd. (1995), 40 C.P.C. (3d) 304 (Ont. C.J.-Gen.Div.)

Ontario (Attorney General) v Ballard Estate, [1995] O.J. 1854 (Ont. C.T.-Gen.Div.-C.L.)

Maxwell v MLG Ventures Ltd. (1995), 7 C.C.L.S. 155 (Ont. C.J.-Gen.Div.)

Attorney General of Ontario et al v Stavro et al (1995), 26 O.R. (3d) 39 (Ont. C.A.)

Hamilton Marine & Engineering Ltd. v CSL Group Inc., [1995] F.C.J. 739 (Fed. Ct. T.D.)

Ontario (Attorney General) v Ballard Estate (1995) 38 C.P.C. (3d) 81 (Ont. C.J.-Gen.Div.-C.L.)

Dolansky v L'Association des chirurgiens-dentists du Quebec (1994), 17 O.R. (3d) 817; 69 O.A.C. 356; 15 B.L.R. (2d) 124; 22 C.C.L.I. (2d) 280; [1994] I.L.R. para. 1-3401 at 2760

Re Lac Minerals Ltd. and Royal Oak Mines Inc. (1994), 17 O.S.C.B. 4946

Dufferin-Finch Investments v J.D.S. Investments Ltd., et al, [1994] O.J. 3100 (Ont. C.J.-Gen.Div.-C.L.)

Canadian National Railway Co. (C.N.R.) v Metropolitan Toronto Convention Centre Corp., [1994] O.J. 1149 (Ont. C.J.-Gen.Div.-C.L.)

Manufacturers Life Insurance Co. v Dofasco Inc. (1993), 9 B.L.R. (2d) 203 (Ont. Gen.Div.-C.L.)

New Quebec Raglan Mines Ltd. v Blok-Anderson (1993), 9 B.L.R. (2d) 93 (Ont. Gen.Div.-C.L.)

Executive Council of Canadian Dental Association v Association des Chirugiens-Dentistes du Quebec, [1992] O.J. 2794 (Ont. C.J.-Gen.Div.-C.L.)

Organ v Barnett (1992), O.R. (3d) 210 (Ont.Gen.Div.)

Upper Lakes Shipping Ltd. v St. Lawrence Cement Inc. (1992), 89 D.L.R. (4^th) 722 (Ont. C.A.)

Dynapro Equipment Ltd. v Larcon Electric and Machinery Corp., [1992] O.J. 875 (Ont. C.J. Gen. Div.)

Vilela Estate v Amber Foods Ltd. (1991), 5 O.R. (3d) 124 (Ont. Gen. Div.)

New Quebec Raglan Mines Limited v Blok-Anderson (1991), 4 B.L.R. (2d) 71 (Ont. Gen. Div.)

Canadian Newspapers Co. v Kansa General Insurance Co. (1991), 1 C.P.C. (3d) 16 (Ont. Gen. Div.)

Re Canadian Pacific Ltd. (1990), 72 O.R. (2d) 545; 68 D.L.R. (4^th) 9; 47 B.L.R. 1 (Ont. H.C.J.)

Re Canadian Pacific Ltd. (1990), 73 O.R. (2d) 212; 70 D.L.R. (4^th) 349; 48 B.L.R. 252 (Ont. H.C.J.)

Nicholson v John Deere Ltd. (1989), 68 O.R. (2d) 191; 57 D.L.R. (4^th) 639 (Ont. C.A.) Montgomery v Scholl-Plough Canada Inc. (1989), 70 O.R. (2d) 385 (Ont. H.C.J.) Gow v Gow (1989), 67 O.R. (2d) 443 (Ont. H.C.J.)

Angus v Angus Estate (1989), 35 E.T.R. 170 (Ont. H.C.J.)

The Manufacturers Life Insurance Co. et al v Dofasco Inc. et al (1989), 38 C.P.C. (2d) 48 (Ont. H.C.J.)

Upper Lakes Shipping Ltd. v St. Lawrence Cement Inc. et al (1989), 28 C.P.C. (2d) 270 (Ont. H.C.J.)

Shell Canada Ltd. et al v St. Lawrence Seaway Authority and 10 other actions (1987), 58 O.R. (2d) 437; 36 D.L.R. (4^th) 304 (Ont. H.C.J.)

Re Irvine et al and Restrictive Trade Practices Commission et al, [1987] 1 S.C.R. 181; (1987), 41

D.L.R. (4^th) 429); 74 N.R. 33; 24 Admin L.R. 91; 34 C.C.C. (3d) 481; 15 C.P.R. (3d) 289

Algoma Central Railway v The Queen in Right of Canada (1987), 7 W.D.C.P. 153 (Fed. Ct. T.D.) Q et al v Minto Management Ltd. et al (1986), 57 O.R. (2d) 781; 34 D.L.R. (4^th) 767n (Ont. C.A.) Re Aluminum Co. of Canada, Ltd. and The Queen in Right of Ontario; Dofasco Inc., Intervenor

(1986), 55 O.R. (2d) 522; 29 D.L.R. (4^th) 583; 16 O.A.C. 14; 19 Admin L.R. 192; 1 C.E.L.R.

(N.S.) 1; 25 C.R.R. 50 (Ont. Div Ct.)

Barbieri et al v Gargaro et al, [1986] O.L.R.B. Rep. 329

Nicholson v John Deere Ltd. (1986), 58 O.R. (2d) 53; 34 D.L.R. (4^th) 542 (Ont. H.C.J.)

Brown v Waterloo Regional Board of Commissioners of Police (No. 2) (1985), 52 O.R. (2d) 300; 21 D.L.R. (4^th) 670; 10 O.A.C. 311 (Ont. Div Ct.)

Benner et al v HLS York Developments Ltd. (1985), 52 O.R. (2d) 243; 21 D.L.R. (4^th) 652 (Ont. H.C.J.)

Re Brown and Waterloo Regional Board of Commissioners of Police (1985), 50 O.R. (2d) 395; 17

D.L.R. (4^th) 113; 7 O.A.C. 51; 10 Admin L.R. 1 (Ont. Div Ct.)

Re Brown and Waterloo Regional Board of Commissioners of Police (1985), 12 Admin L.R. xxxvii

Riverside Landmark Corporation v Northumberland General Insurance Co. (1985), 48 C.P.C. 178 (Ont. S.Ct., Master)

Nufort Resources Inc. et al v Eustace et al (1985), 29 B.L.R. 282 (Ont. H.C.J.)

Nufort Resources Inc. et al v Eustace et al (1985), 2 W.D.C.P. 408 (Ont. St. Ct., Master)

Safeway Products Inc. v Andico Manufacturing Ltd. et al (1985), 8 C.P.R. (2d) 307 (Ont. C.A.)

Hayter & Scandrett Ltd. v Deutsche Ost.-Afrika-Linie G.m.b.H. et al (1985), 50 C.P.C. 194 (Ont. H.C.J.)

Tam v Board of Directors of St. Joseph's Health Centre et al (1985) 10 O.A.C. 286 (Ont. Div Ct.)

Poole v International Union of Elevator Constructors, [1984] O.L.R.B. Rep. 856

Sawyer et al v Fosco et al, [1984] O.J. 324 (Ont. H.C.J.)

Riverside Landmark Corporation v Northumberland General Insurance (1984), 8 C.C.L.I. 118 (Ont. H.C.J.)

Savarin Ltd. v Imbrook Properties Ltd. et al, [1984] O.J. 140 (Ont. C.A.)

Brown v Waterloo Regional Board of Commissioners of Police (1983), 43 O.R. (2d) 113; 150

D.L.R. (3d) 729; 4 Admin L.R. 113; 23 B.L.R. 41; 2 C.C.E.L. 7 (Ont. C.A.)

Canada (Minister of National Revenue-M.N.R.) v Ensite Ltd., [1983] F.C.J. No. 606 and 607; 83

D.T.C. 5315 (Fed. C.A.)

Upper Lakes Shipping Ltd. v Algobay (The), [1983] F.C.J. No. 126 (Fed. Ct.-T.D.)

Hayter & Scandrett Ltd. v Deutsche Ost.-Afrika Lini G.m.b.H. et al (1983), 39 C.P.C. 38 (Ont. S.Ct., Master)

Canada Crescent Corp. v Bank of Montreal, [1982] O.J. 733 (Ont. H.C.J.)

Card v Imbrook Properties Ltd. (1982), 23 R.P.R. 235 (Ont. Co. Ct.)

R. v Landsdowne, [1982] O.J. 1955 (Ont. C.A.)

R. v Sas, [1982] O.J. 93 (Ont. C.A.)

Charles A. Hare Ltd. et al v Payn et al (1982), 42 C.B.R. 284; 18 B.L.R. 209 (Ont. H.C.J.)

Brown v Waterloo Regional Board of Commissioners of Police (1982), 37 O.R. (2d) 277; 136

D.L.R. (3d) 49; 17 B.L.R. 299 (Ont. H.C.J.)

Re Irvine et al and Restrictive Trade Practices Commission et al, [1982] 1 F.C. 72; (1981), 56

C.P.R. (2d) 83 (Fed. Ct. T.D.)

Re Irvine et al and Restrictive Trade Practices Commission et al, [1982] 2 F.C. 500; (1981), 132

D.L.R. (3d) 323; 41 N.R. 375; 65 C.C.C. (2d) 108; 26 C.P.C. 160; 62 C.P.R. (2d) 1 (Fed. C.A.)

Manza v The Queen, [1981] 2 S.C.R. 131 (S.C.C.)

Canada (Minister of National Revenue-M.N.R.) v Ensite Ltd., [1981] C.T.C. 445; [1981] 81 D.T.C. 5326 (Fed. Ct. T.D.)

Siametis et al v Trojan Horse (Burlington) Inc. et al (1981), 32 O.R. (2d) 782; (1981), 123 D.L.R. (3d) 767 (Ont. C.A.)

David McCutcheon, LLB, C.Arb.

Arbitration Place, Toronto Office
Direct Line: (416) 898 4539
Arbitration Place (416) 848 0203
david@mccutcheonadr.com
dmccutcheon@arbitrationplace.com

In June 2017, David McCutcheon joined Arbitration Place as a Resident Arbitrator. His ADR practice has a broad range of disputes including commercial contracts, real estate and development matters, construction, franchise, shareholder, professional liability, franchise, condominium, agriculture, and environmental matters. His ADR practice includes acting as Arbitrator, Mediator and Mediator-Arbitrator.

Commercial ADR Qualifications

Chartered Arbitrator
Past President and Director of the ADR Institute of Canada Inc.
Past President of the ADR Institute of Ontario
Past Chair and member of the Rules Committee of the ADR Institute of Canada
Arbitration Panel Member, ADR Institute of Canada and ADR Institute of Ontario
Canadian Member NAFTA 2022 Committee to 2020
Past Chair and member of the Rules Committee for ADR Institute of Canada;
Arbitration Panel Member BCICAC
Past Director of the Advocates’ Society
Member Toronto Commercial Arbitration Society
A founding member of the Toronto Arbitration Roundtable
"AV" Peer Review Rating from Martindale-Hubbell
Listed in Best Lawyers

Acting as Arbitrator, Mediator and ADR Counsel in numerous disputes including:

1. Arbitrating numerous rent renewal and valuation provisions in commercial leases,and ground leases of major Canadian properties, including office buildings, mixed use buildings, residential and industrial properties
2. Counsel for landlord and tenants in numerous commercial ground lease and lease cases including rent, use and construction issues.
3. Arbitration and mediation of construction and infrastructure disputes.
4. Arbitration Mediation and Med-Arb of condominium disputes,
5. Arbitration Mediation and Med-Arb of farming and agriculture disputes,
6. Arbitration of false and misleading advertising disputes.
7. ADR neutral for disputes arising Agreements of Purchase and Sale of land, shares and assets, Franchise Agreements, Commercial Lease Transactions, Shareholders Claims and Employment Agreements.
8. Acting for the City of Toronto in connection with the arbitration of the ground rent for Union Station in Toronto, including subsequent appeal proceedings in court and on appeal.
9. Mediator in environmental disputes concerning site remediation claims, site management agreements, and representations and warranties.
10. Arbitration Counsel for the determination of closing working capital arising from a purchase and sale transaction;
11. Arbitrator mediator and Med Arbitrator for dissolutions of partnerships.
12. Arbitrator and mediator in shareholder and oppression disputes.
13. Acting for vendors and purchasers on damage and indemnity claims, post closing adjustments, representations and warranties and other disputes arising from corporate and real estate transactions.
14. Acting for a toll highway owner in negotiating and establishing the statutory arbitrationprogram for the toll highway.
15. Arbitration counsel in regulatory disputes including environmental law and farm products marketing.
16. Arbitration counsel on the determination of values on an expropriation basis for commercial properties.

Representative Litigation Practice

Acted as counsel in numerous commercial and real estate litigation matters in all levels of court including Commercial Court, the Supreme Court of Canada and tribunals, including:

1. Counsel for a national food processor and distributor successfully defending a $35 million claim.
2. Counsel to a major Canadian racetrack and entertainment company in connection with horse racing and gaming issues
3. Counsel for Canada Mortgage and Housing Corporation at the Gomery Commission Inquiry into the Federal Sponsorship Program.
4. Counsel for Ontario Realty Corporation in various actions including those arising from the proposed Pickering land exchange and Class E.A.
5. Counsel for Ontario Realty Corporation in connection with court challenges to its Class Environmental Assessment process.
6. Counsel for Industrial Commutator Company Limited in obtaining an injunction to prevent sales of generic aircraft parts.
7. Counsel in connection with a product liability action by an international company claiming damages of $220,000,000 concerning allegedly defective computer components.
8. Appearing before Administrative Tribunals including the Ontario Municipal Board,the Ontario Racing Commission and conducting appeal and judicial review proceedings arising from administrative decisions.
9. Acting in connection with expropriation of commercial properties including expropriation proceedings for properties in York Region and properties expropriated by Metrolinx and along the Sheppard Subway and at the Airport under the Greater Toronto Airport Authority.
10. Acting as real estate litigation counsel in numerous disputed sale and lease transactions for commercial and development properties.
11. Acting in numerous shareholder cases including oppression actions and related proceedings.

Environmental

Appearing as counsel in hearings, trials, arbitrations and mediations and giving advice with respect to the environmental aspects and remediation of acquisitions, divestitures, and financial transactions, including the following examples:

1. Acting as corporate environmental counsel for numerous clients in mining, pulp and paper and the manufacturing and processing industries;
2. Acting for a Canadian pipeline company with respect to First Nation consultations during pipeline construction including mitigation measures and site management;
3. Advising on regulations of hazardous products, changes in regulatory requirements and compliance issues including import and export of substances;
4. Acting as counsel on soil contamination claims, including contaminated development properties, service stations, industrial land and brownfield developments;
5. Advising public corporations and other government clients in connection with the remediation and disposition of contaminated lands, including warranty, other contract and tort claims;
6. Advising pulp and paper companies on environmental matters and transactions involving conveyances of operating plants under environmental regulation, control orders, environmental audits, risk management;
7. Counsel in environmental liability claims including contaminated site clean-up strategies and multi party risk assessments and records of site condition;
8. Product Liability Counsel in numerous cases including recalls of consumer products, injury claims and defective chemical products.
9. Preparation of environmental management programs for manufacturing and other clients, including legal review of environmental reports.
10. Environmental counsel with respect to aboriginal matters arising from the assertion of treaty rights and aboriginal rights with respect to several development and manufacturing projects.
11. Supervising the decommissioning of major industrial plants in Newfoundland and British Columbia, including negotiating with governmental and regulatory agencies and with purchasers of manufacturing operations.
12. Providing crisis management and crisis supervision in connection with spills and fatalities, including chemical spills to soil and water.

Other Affiliations

• Past Director and Member Advocates' Society
• Independent Reviewer for International Mediation Institute

• University: (1) St. Patrick’s College, Graduated B.A., 1965
  (2) University of Ottawa Law School, LL.B., 1968
• Called to the Bar of Ontario – 1970
• Appointed King’s Counsel – 1983
• Certified by the Law Society of Upper Canada as a Specialist in Criminal Law and Civil Litigation, 1990; Recertified, 1996
• Appointed a judge of the Ontario Court (General Division), now the Ontario Superior Court of Justice, February 1996

PROFESSIONAL HISTORY

• Assistant Crown Attorney for Ottawa-Carleton from 1970 until 1972
• Special Agent for Criminal Prosecutions for the Attorney General of Canada, Ottawa, from 1972 until 1975
• Part-time Assistant Crown Attorney for Ottawa-Carleton from 1972 until 1981
• Special Counsel to Government of Great Britain, in proceedings pursuant to the Fugitive Offenders Act, and miscellaneous civil actions, 1973-1996
• Counsel to Marin Commission of Inquiry into R.C.M.P. Activities “Cogger Inquiry” 1990-91
• Partner in the firm Beament, Green, conducting general litigation practice from 1972 to 1996; served for two years as managing partner of the firm, 1992-94
• Awarded the Carleton Medal by the County of Carleton Law Association, 2005, “ for great diligence, high ideals and outstanding leadership in the practice of law .”

APPEARANCES AS COUNSEL

• Supreme Court of Canada
• Federal Court of Appeal
• Federal Court of Canada (Trial Division)
• Court of Appeal for Ontario
• Divisional Court of Ontario
• All trial courts in Ontario, in criminal, civil and family law, both jury and nonjury
• Numerous federal and provincial administrative tribunals
• Federal and Ontario Government Legislative Committees

PROFESSIONAL ASSOCIATIONS

• President, Ontario Superior Court Judges’ Association, 2004-2006
  • Vice-President, 2003-2004
  • Director, 1997-2008
  • Association Delegate to the Canadian Judicial Council Special SubCommittee on Alternative Models of Court Administration, 2006-2015
• Member, Chief Justice of Ontario and Treasurer of the Law Society’s Special Committee on Professionalism, 2006-2010
• Member, Chief Justice’s Facilities Committee (layout and design of Ontario courthouses), 1998-2004
• Director, Osgoode Society for Canadian Legal History, 1989-2001; Honorary Director since 2001
• Member, Canadian Judicial Council Administration of Justice Committee, 2010-2015
• Bencher, Law Society of Upper Canada, 1987-1995; at various times, Chair, Professional Standards Committee, Communication Committee, French Language Services Committee, Continuing Legal Education Committee
  • Member of numerous committees, including the Discipline Committee, Professional Conduct Committee and the Specialist Certification Board
  • Law Society Representative to the Chief Justice of Ontario’s Civil Law Rules Committee, 1991-1995
  • Law Society delegate to the Federation of Law Societies of Canada, 1990- 1994
• Chair of the County and District Law Presidents Association, 1983-85
  • In particular, initiated the movement among the bar to merge the County and District Courts with the High Court of Justice in Ontario
• President, County of Carleton Law Association, 1981, Officer and Trustee, 1974-82
• Director, Medical-Legal Society of Ottawa-Carleton, from 1984 to 1988
• Director, Housing and Urban Development Association of Canada, Ottawa, from 1976-79

TEACHING AND EDUCATION

• While serving as President of the County of Carleton Law Association in 1982, commissioned the first Civil Litigation Updated Conference, and held annually since then
• Member, Editorial Advisory Board, Canadian Criminal Jury Instructions, since 2005
• Member, Chief Justice’s Education Committee of the Ontario Superior Court, 1998-2002
• Completed both phases of the National Judicial Institute’s intensive course on Social Context Education, including the presentation, together with Justices Anne Molloy and George Valin, on Disability Law, Spring Education Conference, Ontario Superior Court, 2003
• Co-Chair, Joint CLE Program, “This Hour Has 22 Judges” Ottawa, held annually, 2000-2011
• Part-time Professor, University of Ottawa Law School (Trial Advocacy and Ethics), 1983-1987
• Co-Chair, Law Society of Upper Canada Special Lectures, 1991
• Instructor and Guest Lecturer, Law Society of Upper Canada Bar Admission Course (Criminal Law, Family Law, Immigration Law) from 1977 to 1995
• Vice-Chair of the Legal Education Committee, and Chair of the Standing SubCommittee for Continuing Legal Education, Law Society of Upper Canada, while serving as a Bencher

LECTURES, TRIAL DEMONSTRATIONS AND PANELS

With frequency, since 1970, to various judicial, professional and government organizations, including the Ontario Superior Court Spring and Fall Education Conferences, the National Judicial Institute, the Canadian Institute for the Administration of Justice, the Law Society of Upper Canada, The University of Ottawa Law School, the Advocates’ Society, the County of Carleton Law Association, the Criminal Lawyers’ Association, the Canadian Bar Association, the R.C.M.P. External Review Committee, the Canadian Security Intelligence Service, the Canadian Police Association, the Federal Departments of Justice and Immigration, the International Institute of Loss Adjusters, the Canadian Human Rights Tribunal and “The Arthur Maloney Lectures”

UNIVERSITY EXPERIENCE

• President, Common Law Students Society, University of Ottawa Law School, (Common Law Section), 1968; recipient, Award of Merit, 1968
• President, St. Patrick’s College Student Union, 1965

OTHER

• Founding Trustee and President, Africa Reads Trust Charity, since 2008, a charity created to provide books, computers and access to learning for children in an impoverished part of the Easter Cape Region of South Africa.
• Regular participant in The Annual Lawyer Play, including five leading roles, created to raise funds for both the Great Canadian Theatre Company and, in each year, an identified co-charity partner, since 1999.
• Master of Ceremonies for the Reach Comedy Night, created to raise money to assist in advocacy on behalf of the disabled, 2010-2013.

The Right Honourable Beverley McLachlin, P.C., C.C., CStJ, served as Chief Justice of Canada from 2000 to mid-December 2017. In June 2018, she was made a Companion of the Order of Canada, the country’s highest accolade. She works in ADR as a bilingual arbitrator and mediator in Canada and internationally.

She was first appointed to the bench in 1981. By 1989, Canada’s Prime Minister elevated her to be a Puisne Justice of the Supreme Court of Canada. During her 28 years on the Supreme Court of Canada, she helped decide a wide variety of common law and civil law disputes in both French and English. Her tenure as Chief Justice was the longest in Canadian history; the Office of Chief Justice of Canada also involves a seat on Canada’s Privy Council. In addition to English and French, she also has basic proficiency in German.

Her international appointments include ad hoc and institutional arbitrations in the Middle East, Southeast Asia, East Asia, the United States and Australia. The cases have been a mix of common and civil law disputes.

The 2,094 Supreme Court of Canada judgments in which she participated—of which she wrote 442—and her legal writings and speaking include a wide range of subjects in corporate, construction, financial services, taxation, contract, tort, IT, patent, copyright, other areas of business law, as well as arbitration and mediation. Her legal texts include co-authorship of the first, second and third editions (1987, 1994 and 2020) of The Canadian Law of Architecture and Engineering. It is generally recognized that the judgments of the Supreme Court of Canada during her tenure have affirmed Canada as a jurisdiction that is very supportive of arbitration.

She has received over 35 honorary degrees from universities in Canada and abroad, and numerous other honours and awards.

Ms. McLachlin also sits as a Justice of Singapore’s International Commercial Court and the Hong Kong Final Court of Appeal.

Mr. Newbould was appointed to the Ontario Superior Court of Justice in 2006. Until his retirement on June 1, 2017, he was from 2013 the head of the Commercial List in Toronto, the country’s leading commercial court tasked with hearing a wide variety of complex cases including domestic and cross-border insolvency matters, corporate amalgamations and reorganizations, proceedings for relief under business corporation legislation, and oppression actions. In 2014, he presided over the first cross-border joint trial with the Delaware Bankruptcy Court in the Nortel insolvency litigation involving the allocation of $7.3 billion.

Prior to his appointment to the bench, Mr. Newbould was a partner at Borden Ladner Gervais in Toronto with a broad litigation and arbitration practice involving corporate and commercial disputes, banking and insolvency matters, class actions, re-insurance disputes, real estate and estate matters.

Mr. Newbould is counsel to the firm of Thornton Grout Finnigan LLP in Toronto, a panel member of Arbitration Place in Toronto, an Associate Member of South Square Chambers in the UK, a member of the London Court of International Arbitration User’s Council, a panel member of the International Centre for Dispute Resolution (ICDR) of the American Arbitration Association, a panel member of the Singapore International Arbitration Centre, a panel member of the BVI Arbitration Centre, a member of the ICC Canada Arbitration Committee, a panel member of P.R.I.M.E. Finance, a member of INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals), a member of the International Insolvency Institute, and a fellow of the American College of Trial Lawyers. He is a director of Firm Capital Mortgage Investment Corporation, a TSX listed company.

As a judge of the Superior Court of Ontario, Justice Newbould released a large number of reported decisions. The following is a short sample of his decisions:

1. Fairfield Sentry Ltd. v PricewaterhouseCoopers LLP Fairfield Sentry Ltd. was the largest feeder fund to the Madoff business. It claimed damages of $5 billion for auditor’s negligence arising from the Madoff fraud.
2. Re Nortel, 2015 ONSC 2987 A joint hearing was held by the Superior Court of Justice (Commercial List) with the U.S. Bankruptcy Court, a first of its kind, to decide the allocation of $7.3 billion amongst the Canadian, U.S. and EMEA estates of Nortel.
3. U.K. Pension Claimants v Nortel Claims were made by the UKPC based on the FSD provisions of the U.K. Pensions Act for in excess of $3 billion, a claim of £495.25 million under a guarantee made by Nortel and a claim of $150 million under another guarantee made by NNL.
4. Barclays Bank v. Metcalfe & Mansfield Claim by Barclays for $1.2 billion arising from the collapse of the asset backed commercial paper market in Canada for an alleged breach of an ISDA agreement relating to leveraged synthetic swap credit agreements between the parties.
5. Computershare Trust Co. of Canada v. Crystallex International Corp., Noteholders of Crystallex holding US$100 million of bonds twice claimed mandatory redemptions based on the inability of Crystallex to develop the Las Cristinas gold project in Venezuela as a result of the takeover of the property by the Venezuelan government.
6. Re Crystallex International Corp Insolvency Crystallex obtained creditor protection under Canadian insolvency provisions, and obtained debtor in possession financing to successfully pursue international arbitration against Venezuela for effectively expropriating Crystallex’s right its right to develop the Las Cristinas gold project in Venezuela.

In July 2017, Mr. Newbould joined Arbitration Place and has since been appointed to many arbitrations involving energy projects, offshore wind projects,IT, commercial and financial services disputes, partnership and shareholder disputes, tax disputes, construction and engineering design, real estate development and ground lease disputes.

Attached is a further sample of judicial and arbitration/mediation cases of Mr. Newbould.

Arbitration Place
333 Bay Street, Suite 900, Toronto ON | 416 848 0203 | arbitrationplace.com

South Square
3-4 South Square | Gray’s Inn | London WC1R 5HP | www.southsquare.com

Sample of judicial and arbitration/mediation cases

Energy Projects

1. An arbitration over the placement and installation of wind turbines and facilities in a rural Ontario municipality.
2. An arbitration over fees to be paid for development of an oil and gas venture in Saskatchewan.
3. An arbitration over termination of a FIT program energy contract for installation of solar panels in a series of FIT contracts for a number of sites in Mississauga, and consequential damages.
4. An arbitration over development of an offshore wind farm in Taiwan and consequential damages

IT licensing cases

1. Verellen v Monaghan Mushrooms Ltd. 2011 ONSC 5820, a dispute over ownership of patent rights.
2. Inukshuk Wireless Partnership v Nextwave Holdco LLC 2013 ONSC 5631, a dispute over ownership of wireless spectrum licences.
3. Re Nortel Networks Corporation, 2015 ONSC 2987, a dispute over ownership of patent rights in the telecommunications industry and the proceeds of their disposition.
4. Re Nortel Networks Corporation, 2016 ONSC 2732, a dispute over breach of a licence agreement for source code transferred with products sold to third parties and consequent damages under the Copyright Act.

Real Estate disputes

1. Several arbitrations involving rental disputes over long-term ground lease renewals, including multi-use properties, high rise commercial and residential properties in downtown Toronto and issues of highest and best use.
2. Arbitration of a corporate dispute over a large real estate project and consequential damages for breach of contract.
3. Arbitration over ownership and valuation of a large real estate holding in Toronto.
4. An arbitration over ownership and management of several residential projects in Eastern Ontario.
5. Several mediations involving real property leases.

Construction disputes

1. Arbitration over a construction management contract and financing of a large commercial and residential development in mid-town Toronto.
2. Arbitration of a dispute regarding a glazing contract for a commercial retail property in mid-town Toronto.
3. Arbitration over disputes as to ownership of large residential construction projects in eastern Toronto and consequential damages.
4. Arbitration over a negligent design and implementation of a military ship’s construction software.
5. Arbitration involving a highway construction project in Ontario.

Telecommunications

1. 1. An arbitration over roaming charges to be charged between national telecommunication service providers in Canada.
2. 2. An arbitration over a failed installation of a wide area telecommunications network for a large school board in Metro Toronto and consequential damages.
3. 3. An arbitration between a competitive local exchange carrier and an incumbent local exchange carrier over breaches of an outbound termination services agreement.
4. 4. Several mediations involving software disputes,

Corporate disputes and oppression cases

1. Numerous arbitrations involving shareholder disputes over ownership and management of corporate businesses, land development businesses, insurance agency businesses, securities businesses, an office equipment business, cannabis businesses, a retail shopping centre in the greater GTA and consequential damages.
2. Arbitration over transfer of auto dealerships to a national corporation.
3. Arbitration of a shareholder dispute over an obligation to tender to a ROFR in an international asset management business.
4. Arbitrations over obligations of retiring partners from national accounting and financial services firms and consequent damages.
5. Arbitration over financing obligations amongst partners to a start-up technology company in Toronto, and consequential damages.
6. Numerous mediations involving contractual disputes and corporate and oppression cases in many industries, including the entertainment business, the insurance business, auto dealership businesses, office developments, an infrastructure business, the health industry, employment agreements, an international securities business, and others.

Estate disputes

1. Arbitrations over contested wills and testamentary capacity.
2. Arbitrations over contested real estate portfolios for large holdings in Toronto.
3. Numerous mediations over contested wills and testamentary capacity.

Tax issues

1. An arbitration and mediation over the tax treatment of a butterfly transaction involving the splitting of large high rise residential real estate holdings in downtown Toronto between competing family interests.

Statutory interpretation cases

1. AMAW v Air Canada, 2011 ONSC 3190 at para. 73 to 77 which involved the interpretation of the Air Canada Public Participation Act and the application of Canadian rules of statutory interpretation.
2. Verdellen v Monaghan, 2011 ONSC 5820 at para. 42 which involved the interpretation of the Patent Act and the presumption against extraterritorial effect.
3. An arbitration in the telecommunications industry between service providers requiring interpretation of the Canadian telecommunications legislation.
4. An arbitration involving the negligent design and implementation of a military ship’s construction software, the standard of practice and contractual breaches and a failure to apply statutory rules for design.
5. An arbitration of a contractual dispute between parties to a cannabis distribution agreement, including the interpretation and application of cannabis licensing legislation.

SUMMARY

Prior to commencing his practice focused on mediation and arbitration, Mr. Ortved was engaged exclusively in the practice of litigation for more than four decades, including as a senior partner in the litigation group at McCarthy Tetrault LLP for over 35 years. He has been engaged in a wide range of litigation matters, including corporate/commercial, administrative, intellectual property, medical negligence, criminal defence and professional regulation matters. He appeared as counsel at all levels of the Courts, including the Supreme Court of Canada, and in many administrative tribunals, Commissions of Inquiry and arbitrations. He lectured and has written extensively in the areas of advocacy, civil litigation and criminal law. He is a Fellow of the American College of Trial Lawyers (former Chair of the Ontario Province Committee). From 1997 to 2002 he served as McCarthy Tetrault's Managing Partner. He was elected is a Bencher (Director) of the Law Society of Upper Canada for the period 1997 to 2003. He was formerly an adjunct faculty member and head of the Trial Advocacy course at the University of Toronto, Faculty of Law. For many years before commencing his practice restricted to arbitration and mediation he was consistently recognized as a leading litigation counsel in The Canadian Legal Lexpert Directory, in Chambers Canada as a leading practitioner in the field of dispute resolution, and in The Best Lawyers in Canada.

EDUCATION

• 1968 - University of Toronto, Bachelor of Arts (B.A.)
• 1971 - University of Toronto, Faculty of Law, Doctor of Jurisprudence (J.D.)

PROFESSIONAL QUALIFICATIONS

• 1973 - Called to the Bar, Province of Ontario
• 2021 - Qualified Arbitrator, ADR Institute of Canada

PROFESSIONAL AFFILIATIONS AND NATURE OF LEGAL PRACTICE

• 1973-1974 Torys LLP – formerly Tory, Tory, Deslauriers & Binnington
  Practiced as an associate in the area of civil litigation.
• 1974-1981 Private Practice – Law Office of W. Niels Ortved
  Practiced in the areas of administrative and criminal law. Member of the panel of prosecutors for the Discipline Committee of the College of Physicians and Surgeons of Ontario. Routinely engaged in the defence of criminal charges, including numerous murder trials and appeals to the Ontario Court of Appeal. In the case of a physician convicted of murder, succeeded in obtaining a Reference to the Court of Appeal by the Minister of Justice and having a new trial ordered. Counsel to the Metropolitan Toronto Review of Citizen Police Complaint Procedure in 1975. Subsequently appointed by the provincial government to act as one of a panel of rotating Chairmen for Boards of Inquiry to adjudicate such complaints. Special Counsel to the Office of the Ombudsman in Ontario. Responsible for the Report to the Government of Ontario on the Organization of the Ombudsman’s Office in 1979.
• 1981-2019 McCarthy Tetrault LLP
  Acted as counsel to the Toronto Stock Exchange in a number of receiverships resulting from bankruptcies of brokerage firms. Successfully resisted a constitutional challenge brought concerning the areas of practice reserved for Chartered Accountants in the Province of Ontario and served as counsel to the Appeal Tribunal for the Institute of Chartered Accountants of Ontario. Represented the University of Western Ontario in an action concerning its ownership of copyright in a suite of software programs developed at the university. Successfully defended The Toronto Dominion Bank in a shareholder’s rights case from first instance and through appeals up to the Supreme Court of Canada. Appeared as counsel on behalf of physicians in numerous trials, appeals and other proceedings concerning alleged medical negligence as well as at multiple regulatory proceedings. In 1982 through 1984, acted as counsel on behalf of the physicians before the Grange Commission of Inquiry concerning unexplained deaths in the cardiac ward of the Hospital for Sick Children. In the period 2007 to 2008, appeared as counsel before the capital Goudge Inquiry into Pediatric Forensic Pathology in Ontario. In 2014 named the recipient of the Medico-Legal Society Award.

MANAGEMENT EXPERIENCE

• 1992-1994 Professional Development Partner - McCarthy Tetrault LLP (Toronto)
  Member of the National Management Committee
• 1997-2002 Managing Partner - McCarthy Tetrault LLP (Toronto)
  Member of the National Management Committee

LAW SOCIETY OF UPPER CANADA APPOINTMENTS

• 1998-2001 Vice-Chair - Professional Regulation Committee
  Vice-Chair - Proceedings Authorization Committee
• 1999-2001 Co-Chair - Litigation Committee
  Member - Multi-Disciplinary Task Force
• 2001-2003 Co-Chair - Emerging Issues Committee
  Member - Inter-Jurisdictional Mobility Committee
  Member - Task Force on the Continuum of Legal Education

EDUCATIONAL APPOINTMENTS

1976-1980 Lecturer and Instructor in the Bar Admission Course on Criminal Law

1979-1980 Lecturer in the Federation of Law Societies Criminal Law Programme

1980-1987 Adjunct faculty member, University of Toronto, Faculty of Law

CONTINUING LEGAL EDUCATION

Speaker and panelist at various programs conducted by the Canadian Bar Association, the Law Society of Upper Canada, the Criminal Lawyers Association, The Advocates’ Society, the Medico-Legal Society, the Ontario Medical Association and Ontario law faculties.

Education

1969 - Dalhousie University, Halifax, Nova Scotia
- B.A. (English)

1972 - Osgoode Hall at York University, L.L.B.

PROFESSIONAL QUALIFICATIONS

• 1974 - Call to the Bar, Province of Ontario
• 1986 - Call to the Bar, Province of British Columbia

PROFESSIONAL EMPLOYMENT

• 1974 - 1975 – Law Clerk to the Chief Justice of Ontario, Ontario Court of Appeal
• 1975 – 1978 – Associate at Osler, Hoskins and Harcourt in Toronto, Ontario
• 1978 – 2006 – Associate and Partner at Torys LLP, formerly Tory Tory Deslauriers & Binnington, Toronto, Ontario
• 2006 – 2022 – Justice of the Superior Court of Justice of Ontario

NATURE OF LEGAL PRACTICE

• General civil litigation including corporate/commercial law, professional negligence and other torts, product liability, environmental law, construction law and intellectual property
• Appeared as counsel at every level of court in the Province of Ontario
• Appeared as counsel in the British Columbia Court of Appeal
• Appeared as counsel in the Federal Court
• Appeared as counsel in the Supreme Court of Canada
• Appeared as counsel before arbitrators and administrative tribunals

LAW SOCIETY OF UPPER CANADA

• Bencher, 2003 – 2006

OTHER PROFESSIONAL ASSOCIATIONS AND ACTIVITIES

• Member of the Canadian Bar Association, 1974 – 2006
• Council member, Canadian Bar Association – Ontario
• Member of the Advocates Society, 1980 – 2020
• Fellow, American College of Trial Lawyers

P O BOX 653 Road Town, Tortola, British Virgin Islands
+1 (284) 541-9750 │dpenn@danciapenn.com

PRIMARY CURRENT PROFESSIONAL INVOLVEMENT

2019 -
Judge, The Caribbean Community Administrative Tribunal (CCAT) (part-time role, since 2019)
Arbitrator and Mediator, 33 Bedford Row Chambers, London (since 2019)
Arbitrator and Mediator, Caribbean Arbitrators (since 2018)

2016 - 2018
Chairman, The Virgin Islands General Legal Council

Jan 2012 - Present
Head of Chambers, Dancia Penn & Co (since 2012)

PAST PROFESSIONAL AND PUBLIC INVOLVEMENT

• Aug 2007 – Nov 2011
  Member of the First House of Assembly of The Virgin Islands
  First Deputy Premier, Minister of Health, Social Development and Gender of The Virgin Islands
  Member of the first National Security Council of The Virgin Islands
  Regional Representative for Women Parliamentarians of The Caribbean, Atlantic and Americas on The Commonwealth Women’s Parliamentary Association
• 2007
  Justice of Appeal (Acting), Eastern Caribbean Supreme Court
• Sept 2004 – March 2007
  Deputy Governor of The Virgin Islands
  Chairman, The Financial Investigation Agency, The Virgin Islands
  Chairman of The Board of The Caribbean Centre of Development Administration (CARICAD)
  Chairman of The Board, Caribbean Disaster Emergency Response Agency (CDERA), now CDEMA
• Sept 2000 – Sept 2004
  Head of Chambers, Dancia Penn & Co.
  Chairman, BVI Social Security Board
• 1990
  Called to The Bar of Barbados
• 1996
  Appointed King’s Counsel
• 1992– 1999
  Attorney General of The Virgin Islands
• Dec 1999
  Consultant, United Nations Drugs Control Programme, Barbados
• 1990– 1992
  Member, Public Service Commission of The Virgin Islands
• 1984– 1992
  Founder and Head of Chambers, Dancia Penn and Co.
• 1981
  Called to the Bar of The Eastern Caribbean Supreme Court in The Virgin Islands

ROSTERS / PANES OF ARBITRATORS AND MEDIATORS

• Global Panel, The International Institute For Conflict Prevention & Resolution (CPR)
• Panel of Arbitrators, BVI International Arbitration Centre
• Roster of Mediators, Eastern Caribbean Supreme Court, The Virgin Islands
• Arbitrator Roster, BVI Labour Arbitration Tribunal

PROFESSIONAL ASSOCIATIONS

• Arbitral Women
• BVI Arbitration Group
• The Chartered Institute of Arbitrators
• BVI Bar Association
• Member, Disciplinary Committee, OECS Bar Association
• International Bar Association

EDUCATION

• 1981
  Norman Manley Law School, Council of Legal Education of The West Indies: Legal Education Certificate
• 1979
  The University of The West Indies, Cave Hill Campus: LLB (Honours)
• 1973
  The University of The West Indies, Cave Hill Campus: Bachelor of Arts (History and Spanish)
• 1982
  UNITAR Fellow in International Law. This was tenable at The Hague Academy of International Law and as an Intern at the Office of Legal Affairs, United Nations Headquarters, New York, USA [Year] Fellow, Chartered Institute of Arbitrators

AWARDS AND RECOGNITIONS

• 2019
  International Woman on The Move – Onyx Magazine, USA
• 2018
  Pelican Award – peer award and highest honour granted by the Alumnae of The University of The West Indies
• 2007
  Caribbean Luminary Award – for making an indelible contribution to the development of The Caribbean by The American Foundation for The University of The West Indies
• 2004
  Honoured by The BVI Bar Association – in recognition of outstanding accomplishments, and contributions to the development of law and the administration of justice in The Virgin Islands
• 2000
  Made a Member of The Order of The British Empire (OBE) by Her Majesty The Queen in The Queen’s Birthday Honours List, 2000
• 1998
  Honoured as a Woman in the Legislative Council of The Virgin Islands
• 1997
  Woman of the Year, Tortola Ladies Club, BVI

LANGUAGES

• English
• Spanish (moderately fluent)

hradomski@goodmans.ca

Harry Radomski is a partner at Goodmans. He has been with the firm since 1987 and is a member of the Executive Committee.

Harry’s practice focuses on commercial litigation with particular emphasis on intellectual property litigation. He is the head of the Intellectual Property Litigation Group. In 1999, he was named Canada’s Intellectual Property Patent Litigator of the Year by the international publication Managing Intellectual Property. He regularly appears before all levels of Courts and has appeared before the Supreme Court of Canada on a number of occasions involving leading patent and trade-mark issues. He is recognised for his expertise in proceedings under the Patented Medicines (Notice of Compliance) Regulations on behalf of generic clients.

Harry is recognized by Chambers Global Guide to The World’s Leading Lawyers as the only “Star Individual” for IP litigation, The Canadian Legal Lexpert Directory (IP litigation), The Lexpert/ALM Guide to the Leading 500 Lawyers in Canada (IP litigation), Euromoney’s Guide to the World’s Leading Patent Law Practitioners (as one of the top three Canadian patent lawyers and top 25 in the world), Who’s Who Legal: Canada (life sciences/patents), PLC’s Which Lawyer? (IP/life sciences) and Best Lawyers in Canada (IP). He was named the “2011 Toronto Intellectual Property Lawyer of the Year” by Best Lawyers in Canada. Harry is ranked by Benchmark Canada as a “Litigation Star” nationally for intellectual property litigation and in Ontario for commercial litigation and intellectual property litigation.

Harry also has extensive experience litigating high profile corporate commercial and insurance matters. He has been a member of the Advisory Hearing Board of the Ontario Insurance Commission. He has lectured on IP remedies, insurance law and public policy at the University of Toronto Faculty of Law. He is also an adjunct professor in the Faculty of Graduate Studies at York University. Harry has chaired and participated in conferences on IP issues.

He has written numerous articles, as well as a book on the Insurance Act of Ontario and he is a contributing author to the Central and Eastern European Law Initiative of the American Bar Association.

Harry is also involved in contract negotiations and collective bargaining agreements for several hockey coaches, management personnel and hockey officials in the National Hockey League.

Harry has been a member of the fundraising committee of the Canadian Disability Rights Council and has provided pro bono litigation services to the Advocacy Research Centre for the Handicapped (ARCH).

Harry was called to the bar in Ontario in 1978. He was awarded the Treasurer’s Medal for standing first in the Ontario Bar.

Education

University of Toronto, B.Comm., 1972
University of Toronto, LL.B., 1975
University of California at Berkeley, LL.M., 1976

Professional Affiliations

Canadian Bar Association
Advocates’ Society
American Trial Lawyers Association
Canadian Association of Law Teachers

Year of Call

• 1978 Ontario

www.joelrichler.com

Mr. Richler has over 45 years of experience in commercial dispute resolution as a litigation counsel, arbitration counsel, mediation counsel, arbitrator (domestic & international), adjudicator dispute resolution board member and mediator.

Before establishing his independent neutral practice, Mr. Richler was a partner in Blake, Cassels & Graydon LLP and, for a number of years, he led that firm’s Toronto dispute resolution group.

Mr. Richler obtained his Civil and Common Law degrees at McGill Law School in 1977-78 and was called to the Bar in Ontario in 1980. He obtained a Diploma in International Commercial Arbitration from the Chartered Institute of Arbitrators in 2008 and was thereafter designated as a Fellow of that institute. He was a member of the Arbitration Roundtable of Toronto and then a founding director and officer of its successor organization, the Toronto Commercial Arbitration Society. In addition, Mr. Richler is a founding Fellow of the Canadian College of Construction Lawyers, and was, while practising as counsel, a Fellow of Litigation Counsel of America.

Mr. Richler has sat on over 125 tribunals as emergency arbitrator, sole arbitrator, chair, and partyappointee. He has extensive experience in ad hoc and administered arbitrations in international and non-international arbitrations. He has also acted as a neutral evaluator, construction contract adjudicator and DRB chair on many projects, including some of the largest infrastructure projects in Canada.

Mr. Richler has been accepted as a member of the Canadian and International rosters of the International Centre for Dispute Resolution (ICDR), the roster of Arbitration Place in Toronto, the roster and appeal rosters of VanIAC (formerly the BCICAC), and as a member of the Singapore International Arbitration Centre (SIAC), and the Roster of Referees for the Ministry of Transportation (Ontario) and the Ontario Roadbuilders Association. He is a member of the International Arbitration Committee of ICC Canada, the London Court of International Arbitration (LCIA) and the ADR Institute of Canada (ADRIC). Mr. Richler also acted as a director and treasurer of the Chartered Institute of Arbitrators (Canada Chapter).

Peer Recognition

Mr. Richler has been recognized for many years for his litigation, mediation and commercial litigation practices in several professional directories and publications, including Chambers Global & Canada, Lexpert, Best Lawyers in Canada, Who’s Who (International and Canada) and Benchmark Canada. He has twice been recognized by Benchmark Canada as International Arbitration Lawyer of the Year, once as Alternative Dispute Resolution Lawyer of the Year, and once as Procurement Lawyer of the Year.

Areas of Experience

While Mr. Richler has broad commercial dispute resolution experience, his particular areas of practice include general commercial contract interpretation and other disputes, franchise disputes, construction and infrastructure, public and private procurement, shareholder and partnership disputes, oppression and other corporate remedies, commercial real estate, technology, intellectual property, and professional negligence.

Significant Arbitration Appointments

• Share purchase agreement dispute (domestic, ad hoc, sole arbitrator)
• Oppression claim (domestic, ad hoc, sole arbitrator)
• Claims arising from divestment of energy distribution assets (domestic, ad hoc, party appointee)
• Rent reset (domestic, ad hoc, party appointee)
• Neutral evaluation of construction claims on large bridge construction project (delay and design error claims)
• Warehousing and storage claims (domestic, ad hoc, sole arbitrator)
• Construction delay claims on hospital project (domestic, ad hoc, sole arbitrator)
• Delay claims, construction of mass transit station (domestic, ad hoc, paty-apointee)
• Commercial lease dispute (domestic, ad hoc, sole arbitrator)
• Condominium reciprocal agreement dispute (domestic, ad hoc, sole arbitrator)
• Energy Supply Agreement dispute (domestic, ad hoc, tribunal chair)
• Construction extras (domestic, ad hoc, sole arbitrator)
• Construction delay and breach of contract claims international, ICC, tribunal president)
• Construction delay claim (domestic, ad hoc, sole arbitrator)
• Franchise agreement dispute (domestic, ad hoc, tribunal chair
• Real estate development joint venture dispute (domestic, ad hoc, sole arbitrator
• Construction delays on power plant project (domestic, VanIAC, sole arbitrator)
• Road construction delay claim (domestic, ad hoc, party appointee)
• Dispute re scope of services on mass transit construction project (domestic, ad hoc, sole arbitrator)
• Oppression claims between shareholders of financial services provider (domestic, ad hoc, sole arbitrator
• Dispute arising from law firm partnership agreement (domestic, ad hoc, sole arbitrator)
• Construction, fire damage (domestic, ad hoc, sole arbitrator)
• Mining royalty dispute (international, ad hoc, tribunal chair)
• Supply agreement dispute (international, ICC, sole arbitrator)
• COVID-19 related delay claims on transportation infrastructure project domestic, ad hoc, sole arbitrator
• COVID-19 related delay claims on construction project domestic, ad hoc, sole arbitrator
• Oppression and share purchase dispute (domestic, ad hoc, sole arbitrator
• Commercial lease rent reset (domestic, ad hoc, sole arbitrator)
• Disputes between shareholders of real estate holdings and development companies (domestic, ad hoc, sole arbitrator)
• Disputes arising under an asset/share purchase agreement (domestic, ad hoc, sole arbitrator)
• Shareholder disputes and exercise of buy-sell provisions (domestic, ad hoc, sole arbitrator)
• Contract dispute in cannabis industry (ICDR Canada, party-appointee)
• Construction contract delay claims (domestic, ad hoc, sole arbitrator)
• Mining contract dispute (ICC, sole arbitrator)
• Publication distribution contract dispute (international (ad hoc, court-appointed sole arbitrator
• Franchise agreements dispute between U.S.-based franchisor and South American franchisee (international, ICC, tribunal president)
• Distribution contract termination claims (international, ICC, sole arbitrator)
• Anti-trust and contract breach claims between U.S. corporation and China corporation (international, ICDR, tribunal chair)
• Construction disputes (delay claims) relating to construction of power facility (domestic, ad hoc, party-appointee arbitrator)
• Construction disputes (delay claims) relating to construction of three related waste disposal facilities (domestic, ad hoc, tribunal chair)
• Disputes between condominium corporations and services providers (domestic, ad hoc, tribunal chair)
• Disputes arising from property construction and development contracts (domestic, ad hoc, sole arbitrator)
• Claims related to construction of power supply facilities (international, ad hoc, sole arbitrator)
• Dispute relating to exercise of contractual rights of first refusal in mining royalty agreement (international, UNCITRAL Rules, tribunal chair)
• Property development contract dispute (domestic, ad hoc, sole arbitrator)
• Oppression and contract rectification claims (domestic, ad hoc, sole arbitrator)
• Contract interpretation claim relating to sharing of allocation of expenses in construction of government infrastructure project (domestic, ad hoc, sole arbitrator)
• Franchise agreement dispute (domestic, ad hoc, sole arbitrator)
• Construction delay claim relating to construction of military facilities (domestic, ad hoc, sole arbitrator)
• Dispute relating to purchase price adjustments of an asset purchase agreement (domestic, ad hoc, sole arbitrator)
• Distribution Agreement dispute (international, ad hoc, party appointee)
• Delay claims relating to construction of power plants (domestic, ad hoc, sole arbitrator)
• Commercial tenancy rent reset (domestic, ad hoc, sole arbitrator)
• Disputes arising from energy supply contract (domestic, ad hoc, sole arbitrator)
• Construction contract interpretation claim (domestic, ad hoc, sole arbitrator)
• Franchise agreement termination claims (ICDR Emergency Arbitrator – injunction application)
• Claim for declaratory relief relating to contract between aircraft manufacturer and venture funds (international, ICC. President of Tribunal)
• Claims relating to termination of hotel management contract re hotel in Panama City (international, ICC Emergency Arbitrator – injunction application)
• Commercial tenancy rent reset (domestic, ad hoc, party-appointee arbitrator)
• Construction contract adjudication (MTO Referee Process, tribunal chair)
• Dispute relating to interpretation of marine carriage contract (domestic, ad hoc, sole arbitrator)
• Disputes arising out of prior arbitration relating to award review process (domestic, ad hoc, party-appointee arbitrator)
• Commercial tenancy rent reset (domestic, ad hoc, party-appointee arbitrator)
• Contract interpretation agreement re supply of services (domestic, ad hoc, sole arbitrator)
• Law firm partnership compensation dispute (domestic, ad hoc, sole arbitrator)
• Contract termination claim (supply agreement) (domestic, ad hoc, sole arbitrator)
• Contract dispute re management of television services contract (domestic, ad hoc, tribunal chair)
• Disputes relating to auction of estate property (domestic, ad hoc, tribunal chair)

Significant Adjudication Appointments

• Chair of Dispute Resolution Board on subway construction project
• Over 15 appointments as Referee (party-appointee and Chair appointments) as adjudicator under program administered by the Ministry of Transportation (Ontario) and the Ontario Road Builders Association
• Chair of Standing Dispute Resolution Committee on major bridge construction project

Significant Mediation Appointments

• Construction delay claims
• Delay and contract claims relating to construction of major bridge/infrastructure project
• Lawyer negligence/class action
• Disputes under a transfer payment agreement
• Construction delay claims
• Professional negligence claims against lawyer re. tax advice
• Disputes relating to funding of museum project
• Disputes relating to construction of transit facility
• Dispute between technology provider and software provider (settled)
• Dispute between parties to a self-storage warehouse project
• Dispute relating to professional fees of large accounting firm (settled)
• Dispute relating to construction of military facility in Kabul (settled)
• Dispute relating to supply of IT services (settled)
• Dispute between union and pension fund manager
• Oppression remedy claims (settled)
• Professional liability claims against lawyers and accountants (settled)
• Dispute relating to construction of highway exchange infrastructure (settled)
• Dispute between financial adviser and clients (settled)
• Dispute between two charitable organizations
• Dispute relating to construction of municipal facility

Significant Arbitration Counsel Experience

• dispute relating to terms of airline capacity purchase agreement between a national and a regional carrier
• dispute relating to termination of helicopter services joint venture agreement
• dispute between three oil pipeline companies and Ontario Hydro over easements agreements
• dispute relating to calculation of royalties under multi-national software licensing agreement
• dispute arising from copyright infringement of software code (arbitration counsel)
• dispute relating to termination of software development and installation contract between provider and a Crown Agency
• dispute relating to installation of defective manufacturing software (litigation counsel)
• dispute relating to shotgun provisions of a unanimous shareholder agreement
• dispute relating to claims made under P3 contract for construction of hospital
• dispute relating to interpretation of profit sharing provisions in real estate joint venture agreement
• dispute arising from installation of manufacturing process software
• product liability claim relating to retrofit of large steel plant

Significant Litigation Counsel Experience

• dispute relating to claims made on fraudulent corporate debentures
• oppression claims made by debenture holders in context of hostile takeover bid
• judicial review relating to application of Tobacco Tax Act provisions to a casino
• injunction proceedings brought by professional sports league relating to illegal broadcast of blacked-out telecasts
• dispute arising from claims made by losing bidder in public procurement for health therapy services
• dispute arising from claims made by losing bidder in public procurement for construction services for regional municipality health therapy services
• maritime law claims made in relation to loading accident and loss of cargo
• dispute relating to delay and defect claims made under contract to build municipal centre and city hall delay claims made in respect of renovation of large museum in City of Toronto
• several procurement and construction/contract disputes made against and by municipal mass transit system
• delay claims made in relation to construction of Pearson airport
• dispute relating to procurement of naval vessel retrofit services
• dispute relating to retrofit of large manufacturing furnace
• disputes relating to fraud and theft by key employees
• dispute relating to retrofit of manufacturing plant by Italian supplier
• international class action against fast food company in relation to promotional contest
• dispute relating to co-packing of national brand product and breaches of license agreement
• dispute relating to default on documentary letter of credit
• dispute relating to interference with commercial relations
• numerous professional liability claims against lawyers
• commercial claims made against a Superior Court Judge
• negligence claims made against a Superior Court Judge

Mr. Richler has long been an advocate of the use of arbitration as an effective means of resolving construction disputes. In addition to his professional engagements, he has authored a number of articles and text chapters on this subject and he has lectured on arbitration matters in many conferences and professional programs in Canada and the United States. For a number of years, Mr. Richler participated as a judge at the Willem C. Vis International Commercial Arbitration Moot in Vienna, Austria.

Mr. Richler is committed to the creative, efficient and fair conduct of arbitrations and, focused on working with parties and their counsel to achieve that result.

Education

Osgoode Hall Law School, LL.M., 2000

Osgoode Hall Law School, J.D., 1994

Professional Qualifications

• Law Society of Ontario
• Former President, International
  Technology Law Association (ITechLaw)
• Arbitrator/Mediator, Arbitration Place
• International Centre for Dispute
  Resolution (ICDR) International Panel of
  Arbitrators and Mediators, and roster
  member of ICDR Canada
• Chartered Institute of Arbitrators,
  Fellow
• Co-Lead of North America Committee,
  Silicon Valley Arbitration & Mediation
  Center
• Former Director and Member, Canadian
  Technology Law Association
• Member, The Advocates’ Society
• Member, Canadian Bar Association

Year of Call

• 1996 Ontario

Peter Ruby acts as a sole and panel-member arbitrator and mediator with a focus on the technology and energy sectors, as well as corporate/commercial domestic and international disputes. He has adjudicated and mediated disputes between a wide variety of contracting parties in these sectors. In his over 28-year counsel practice, Peter has been balanced between representing multinational and entrepreneurial vendors of technology and services, and many end-users of information technology. He is a former President of the International Technology Law Association. With respect to energy, Peter has represented in disputes developers and operators of renewable power projects, electricity utilities, investors, resource companies, industry associations and provincial government bodies. He is a Fellow of the Chartered Institute of Arbitrators, on the International Centre for Dispute Resolution (ICDR) International Panel of Arbitrators and Mediators, on the roster of the Vancouver International Arbitration Centre (VanIAC) and co-leads the North America committee of the Silicon Valley Arbitration & Mediation Center.

His technology dispute resolution work includes software, cloud services, hardware, artificial intelligence, quantum computing, telecommunications, cryptocurrency, film, television, privacy and data protection, intellectual property, ecommerce and internet litigation, and Canadian and cross-border arbitration and mediation. Peter has a balanced practice, representing multinational and entrepreneurial vendors of technology and services, along with many end-users of information technology.

Peter handles disputes and regulatory matters relating to the energy industry, has acted as counsel for Electricity Canada, the Electricity Distributors Association, electricity utilities, developers and operators of renewable power projects, resource companies and provincial government bodies. He has appeared at the Ontario Energy Board with respect to generation, transmission, mergers and acquisitions, real estate development and distribution issues, and before other provincial energy regulators. Bringing together his expertise about energy and technology, he acted as a co-arbitrator with respect to a failed green energy project.

With respect to privacy and data protection, Peter has litigated business-related privacy cases and has considerable experience assisting clients with contentious data breach incidents and cybersecurity. He also assists organizations to deal with privacy inquiries and investigations by privacy commissioners and conduct privacy risk assesssments.

Peter also represents clients with respect to a variety of corporate, commercial and restructuring disputes, including shareholder matters, contract interpretation and application issues and acquisition-related disputes.

He has appeared at all levels of the courts of Ontario and the Supreme Court of Canada, as well as at many arbitration proceedings. In honour of Peter’s advocacy and professionalism in dispute resolution, in 2021 one of his clients endowed a Dispute Resolution Award in his name at Osgoode Hall Law School.

Peter is recognized as a leading litigator and arbitration counsel in Chambers Canada and Chambers Global, The Legal 500 Canada, The Canadian Legal Lexpert Directory, the Lexpert Special Edition: Technology and Health Sciences, Euromoney’s Guide to The World’s Leading Information Technology Lawyers, Best Lawyers in Canada, Benchmark Litigation Canada and Who’s Who Legal, with peer reviews such as “brilliant IT litigator” and “vast experience resolving complex IT disputes”.

FEATURED WORK

Peter’s representative work includes acting for:

Technology

• the Monitor of Nortel Networks in an unprecedented crossborder dispute over the allocation of the insolvent Nortel’s assets and advising on IT, IP, business law and valuation issues
• Oracle in several litigations involving customers, business partners and implementers
• SAP in litigation and arbitration proceedings involving customers, business partners and implementers
• the Business Development Bank of Canada in software fraud litigation concerning a failed technology acquisition
• Trader Corp. in mass on-line copyright infringement litigation and arbitration proceedings
• Bell Media in a Reference to the Supreme Court of Canada opposite Canada’s largest cable companies
• Bell Media and Rogers Media in arbitration proceedings
• Software AG in litigation and arbitration with respect to disputes with Canadian corporate and government customers
• CBS Television in internet identity theft litigation
• AXA Asia in obtaining an injunction to prevent a software provider from shutting down an insurer’s operations
• NBCUniversal in copyright litigation with respect to the film Charlie Wilson’s War, and other matters

Energy

• 19 power companies in a landmark case in the Supreme Court of Canada against Canada’s cable television companies
• Electricity Canada about an appeal concerning access by wireless companies to public lands
• a renewable energy developer in an arbitration over compensation owing to it by other participants in the project
• an appeal related to the use of municipal and provincial infrastructure by wireless telecommunications companies
• the majority owner of a wind-power project in arbitration regarding a shareholder dispute
• a dispute with respect to a gas development project
• Atlantic Power in regulatory and arbitration proceedings
• Several provincial government bodies with respect to commercial and corporate issues
• Various power companies, including Hydro Quebec, B.C. Hydro, New Brunswick Power, ENMAX Corporation, Manitoba Hydro and Greater Sudbury Hydro, in connection with novel matters arising in each of their provinces

Commercial, Corporate and Restructuring

• several litigations and arbitrations for the Liquor Control Board of Ontario (LCBO)
• litigation concerning the restructuring of Stelco
• lease and guarantee litigation concerning a contract dispute arising from the insolvency of Nortel
• the restructuring of Cirque du Soleil
• litigation concerning the insolvency of Crystallex
• litigation for the Financial Services Regulatory Authority of Ontario
• arbitration about the breach of representations related to a corporate acquisition
• a dispute about the ownership of music rights upon the insolvency of a publisher
• appellate litigation with respect to arbitral jurisdiction
• arbitrations concerning breaches of representations in share purchase agreements
• arbitration concerning a purchase price adjustment under an asset purchase agreement
• many litigation and arbitration proceedings turning on the interpretation of contracts

PROFESSIONAL INVOLVEMENT

Peter was a law clerk to the Federal Court of Canada and for over a dozen years was a Professor of Law (adj.) at the University of Toronto and Osgoode Hall Law School teaching internet law.

The Honourable Warren K. Winkler, O.C., O.Ont., K.C., B.A., LL.B, LL.M., LL.D. (Hon.) served as Chief Justice of Ontario and President of the Court of Appeal for Ontario from 2007 until his retirement in 2013. Prior to this, he spent 14 years as a trial judge of the Superior Court of Justice, where he had served as Regional Senior Justice for the Toronto Region since 2004. During his tenure as a judge, Mr. Winkler was also Vice Chair of the Canadian Judicial Council.

Educated at the University of Manitoba, (B.A.) and Osgoode Hall Law School, (LL.B. and LL.M.), Mr. Winkler was called to the Bar of Ontario in 1965. Through his career, he was recognized as one of Canada’s leading labour lawyers. Mr. Winkler was certified as a Specialist in Civil Litigation by the Law Society of Upper Canada and appointed King’s Counsel in 1977. He has received honorary doctorates from the Law Society of Upper Canada and nine Canadian universities.

Alternative Dispute Resolution

• Mr. Winkler practised law in Toronto first as a partner with Montgomery, Cassels, Somers, Dutton and Winkler and then as a founding partner with Winkler, Filion and Wakely, a prominent labour law firm with a national reputation. His reputation for resolving high-profile disputes, such as the mediation of the Algoma Steel restructuring, made him a highly respected counsel and mediator.
• Once appointed to the bench, Mr. Winkler continued to engage parties in his unique approach to resolving disputes. Mr. Winkler has judicially mediated many large national and international disputes, including those involving: Air Canada’s restructuring; Ontario Hydro and Power Workers; the WindsorMichigan Tunnel; and the CanWest/Shaw Cable restructuring. He judicially arbitrated cases, including the dispute between the University of Toronto and its faculty. He has also decided and administered many major class action proceedings including those relating to: Bre-X; Hepatitis C; Breast Implants; Tobacco; Walkerton Tainted Water; Mad Cow Disease; and Native Residential Schools.
• In addition, Mr. Winkler is a distinguished visiting professor at Osgoode Hall Law School and the Honorary Chair of the Winkler Institute for Dispute Resolution, established by Osgoode Hall Law School in 2012. Mr. Winkler’s success in resolving disputes outside of the courtroom has earned him the reputation of ‘Canada’s Mediator’.

Honours and Awards

• Mr. Winkler has received honorary doctorates from the University of Windsor (2014), Queen’s University (2013), Ryerson University (2013), University of Calgary (2013), Osgoode Hall Law School, York University (2012), University of Ottawa (2011), University of Western Ontario (2011), The Law Society of Upper Canada (2010), Brandon University (2007), and Assumption University (2006). He is the recipient of the Order of Canada (2016), the Order of Ontario (2015), the International Academy of Mediators’ Lifetime Achievement Award (2013), the Ontario Bar Association’s President’s Award (2013), the Award of Excellence in Alternative Dispute Resolution – Ontario Bar Association (2008), the University of Toronto’s Bora Laskin Award for Outstanding Contribution to Canadian Labour Law (2007), and the Award of Distinction from the Toronto Lawyers’ Association (2005).
• The following lectureships, awards and events have been established in his honour: the Winkler Class Actions Moot, University of Toronto Law School; Warren K. Winkler Speaker Series in Industrial Relations, Queen’s University; Annual Justice Winkler Lecture Series in Civil Justice Reform, University of Ottawa Law School, 2007-2010; Post-Graduate Scholarship in International Human Rights, University of Toronto Law School; The Honourable Warren K. Winkler Bursary, Osgoode Hall Law School; and The Winkler Cup awarded annually at the International Competition for Mediation Advocacy.

Publications, Lectures and other Activities

• Mr. Winkler’s Publications include: Co-Author, The Law of Class Actions in Canada; Cofounding Editor, The Labour Law Journal; Editor, Labour Arbitration Cases, Canada Law Book; Co-Author, Sack and Winkler, O’Brien’s Encyclopedia of Forms, 11th Ed.; Co-Author, Willis and Winkler on Leading Labour Cases, Canada Law Book; Editor, Labour Relations and Employment, Vols. 1 and 2, Canada Law Book; Advisor, Principles of the Law Aggregate Litigation, The American Law Institute; Advisor, Class Action Defence Quarterly (Chalmers), Butterworths.
• Mr. Winkler is an active educator and speaker at national and international events on a range of topics, including: access to justice; alternative dispute resolutions; class proceedings; labour relations; judicial mediation; and civil justice reform. In 2010 Mr. Winkler was invited to deliver the Don Wood Visiting Lecture in Industrial Relations at Queen’s University.
• In addition, Mr. Winkler is a Founding Director of the International Conference of Mediation for Justice; Member of the International Bar Association Class Action Task Force; Honorary Chair of the Advisory Committee of the Centre for Law in the Contemporary Workplace, Queen’s University; and Senior Fellow at Massey College, University of Toronto. In the past, Mr. Winkler has served as Director of the Advocates’ Society; Advisor to the American Law Institute Committee on Class Actions; National Executive and Provincial Executive Committee Member, Canadian Bar Association/Ontario Bar Association; and Chair of several sub-sections such as: Labour Law, Environmental Law (Founding Chair), and Prepaid Legal Services. For over twenty years, he was Co-Chair of The Law Society of Upper Canada, Continuing Education in Labour Law.
• Mr.Winkler’s involvement in the community is extensive. He is Chair, Long Point Waterfowl and Wetlands Research Fund; Board member, Bird Studies Canada; Board member, Canadian Wildlife Federation Foundation; Honorary Chair, Jazz Performance and Education Centre; and Patron, Lawyers’ International Food Enterprise.