David Alderson, Commercial Arbitrator at Gilbertson Davis LLP Arbitration Chambers attended on November 7, 2024, as a Panel Member at ADR Institute of Ontario Discussion Series Event on Core Principles and Key Concepts of Arbitraion and Med-Arb. The ADR Institute of Ontario stated: “Part 2 (Nov 7) of our panel discussion series will feature experts David Alderson, Marvin Huberman, and Todd Archibald focusing on core principles and key concepts of Arbitration and MedArb” David Alderson, LL.B, LL.M (Commercial and Corporate Law) is Senior Counsel – Commercial Litigation at Gilbertson Davis LLP, and an Arbitrator and Mediator on the Gilbertson Davis LLP Arbitration Chambers Roster, ADRIC, and OBA Remote Arbitration and Mediation rosters. David is a Qualified Arbitrator (Q.Arb) and since 2018, has accepted appointment as arbitrator and mediator in a wide variety of commercial, real estate and business disputes, including arbitrator appointments by the Ontario Superior Court of Justice in … Read More
Jurisdiction of Arbitrator Through Parties’ Conduct Affirmed by Ontario Divisional Court: Actions Speak Louder than Words
In The Joseph Lebovic Charitable Foundation et al. v. Jewish Foundation of Greater Toronto, 2024 ONSC 4400, the Ontario Court of Appeal affirmed the authority of an arbitrator to find his own jurisdiction over issues in dispute between parties in an arbitration, and reminded parties that their conduct can imply their approval of an arbitrator’s jurisdiction. The applicants entered a donor agreement to make a sizable charitable donation to the respondent, payable in installments. In return, the respondent would name its campus in Vaughan after the applicants. The donor agreement included an arbitration clause, where parties would submit to arbitrations for “a dispute arising out of, or in connection with, the agreement.” A dispute indeed arose between the parties over a proposed sale of part of the campus named after the applicants, as well as the applicants’ payment schedule of their donation. Both parties filed Notices of Arbitration under the … Read More
Recognition and Enforcement of a CIETAC Arbitral Award Allowed as Partial Summary Judgment
In Shanghai Investment Co. Ltd. V. Lu et al. 2024 ONSC 2762, the Ontario Superior Court of Justice (Commercial List), allowed a foreign arbitral award to be recognised and made enforceable as a partial summary judgment. The Plaintiff, Shanghai Lianyin Investment Co Ltd. (“SLIC”) sought the recognition and enforcement of a CAD $233 million arbitral award rendered under the rules of the China International Economic and Trade Arbitration Committee (“CIETAC”) against the Defendant Zheng Yao Lu (“Lu”) as a threshold matter; and a declaration that the other defendant, Lichun Guo (“Guo”) held her interest in two properties in Ontario on behalf of Lu, and that SLIC could enforce its award against these properties. The court found that the CIETAC award should be recognised and made enforceable as both of the following requirements under Articles IV and V of the New York Convention (incorporated in the International Commercial Arbitration Act, 2017, S.O. 2017, c. … Read More
Ontario Court Favours Place of Arbitration over Forum Selection Clause in Asset Purchase Agreement
In Tehama Group Inc v. Pythian Services Inc., 2024 ONSC 1819, the Ontario Superior Court of Justice held that the place of an arbitration, not a forum selection clause in a contract, determines the jurisdiction that recourse against an arbitral award must be taken in. The litigants were parties to a cross-border asset purchase agreement (the “APA”). The APA included an arbitration clause for disputes regarding the calculation of the purchase price, and the parties appointed “the Toronto office” of an accounting firm as arbitrator for these disputes. The APA also included broad forum selection and governing law clauses, which required “any suit, action or other proceeding arising out of this Agreement” to be brought exclusively in the courts of New York and in accordance with its laws. A dispute arose regarding an earnout clause in the APA, and the parties proceeded to arbitration. When the Toronto-based arbitrator rendered an … Read More
Adjournment Request Denied! Ontario Court Recognizes Arbitral Award from China
In the recent decision of the Ontario Superior Court of Justice (“ONSC”), Xiamen International Trade Group Co., Ltd. v. LinkGlobal Food Inc., 2023 ONSC 6491, the applicant sought the recognition and enforcement of an arbitration judgment of the Xiamen Arbitration Commission (the “Award”). The underlying arbitration dispute related to a contract entered into by the parties wherein the applicant was to purchase protective masks from the respondent for the purchase price of US $532,224.00. The contract between the parties contained an arbitration clause and a choice of law clause providing that the law of the People’s Republic of China governed any dispute over the contract between the parties. In the arbitral proceeding in China, the applicant sought a refund of the purchase price of the masks and compensation for other costs incurred. A panel of three arbitrators unanimously ruled in favour of the applicant and granted the Award. As the … Read More
Ontario Superior Court of Justice Finds Expired Arbitration Award Relevant in Motion for Injunctive Relief
In Rogers v. TELUS Communications Inc., 2023 ONSC 5398, the Ontario Superior Court of Justice held that the terms of an expired arbitration decision are relevant when a party seeks injunctive relief that contradicts its terms. The moving and responding parties are both prominent competitors in the Canadian telecommunications market. Under a requirement imposed by the Government of Canada, their customers have the reciprocal ability to “roam” on the other carrier’s network in areas where their own carrier does not provide coverage. This obligation allows Canadian customers to access wireless services across the country. For a time, the parties did not agree on what was displayed to customers when they were roaming on a competitor’s network. The primary dispute was whether the network identifier (“NID”) displayed in the top-left corner of most mobile devices would connote an extension of their own carrier’s network (i.e. “[Carrier]-EXT”), or if it would notify customers … Read More
Stay of Court Proceedings in Favour of Arbitration – Standard of Proof
In the recent decision Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Ontario Court of Appeal (“ONCA”) reviewed the law of international commercial arbitration, and in particular opined on the issue of the standard of proof that a party needs to meet in order for the court to grant a stay of a court proceeding pursuant to section 9 of the International Commercial Arbitration Act, 2017 (the “Act”), in favour or arbitration. Section 9 of the Act states as follows: Where, pursuant to article II (3) of the Convention or article 8 of the Model Law, a court refers the parties to arbitration, the proceedings of the court are stayed with respect to the matters to which the arbitration relates. The appellant submitted that the proper analytical framework for assessing a request to stay an action under the Act was set out in the … Read More
Court of Appeal Reiterates Limited Scope of Judicial Intervention to Set Aside Arbitral Awards
In the recent Court of Appeal decision of Mensula Bancorp Inc. v. Halton Condominium Corporation No. 137, the Court of Appeal overturned a lower court decision setting aside an arbitrator’s award, on the basis that the approach taken by the learned application judge was contrary to that mandated by Alectra Utilities Corporation v. Solar Power Network Inc., 2019 ONCA 254, 145 O.R. (3d) 481, leave to appeal refused, [2019] S.C.C.A. No. 202 (Alectra). Background The Halton Condominium Corporation 137 (HCC 137) located in Oakville has 82 residential units and 166 parking units located within it’s parking garage, along with common elements such as a lobby and elevators. The parking units comprise of parking for the residential unit owners (the Residential Parking) along with 43 commercial parking units (the Commercial Parking) owned by the defendant Mensula Bancorp Inc. (Mensula), Mensula does not own any residential units and its business is located … Read More
The Top Four Family Dispute Resolution Options
Most separating spouses do not resolve their parenting, support, and property issues in court. In fact, Canada’s Divorce Act requires separating spouses and their lawyers to try to resolve these issues through an out-of-court process unless it is inappropriate to do so. This can be a cheaper, faster, and less acrimonious way to settle family law disputes than traditional court litigation. These out-of-court options are referred to by the general term ‘family dispute resolution process’ (FDR). The most common forms of (FDR) processes, are negotiation, collaborative family law, mediation, and arbitration. This can be formal negotiation between lawyers or more informal negotiation between the parties themselves, with or without lawyers. Negotiation can occur when only one party has a lawyer, and the other party does not. Most separating couples try negotiation first before proceeding to other forms of FDR. Collaborative family law is a form of negotiation, that attempts … Read More
Professional Liability Claims Arbitrator – Experienced and Qualified Arbitrator with Reasonable Fee Rates
Professional Liability Claims Arbitrator David Alderson is an independent, experienced and qualified Arbitrator. Practice in professional liability, professional indemnity and professional negligence cases make him a good choice as sole or panel arbitrator in professional liability claims arbitrations. He has been appointed by the courts in commercial arbitration disputes. Business & Financial Professionals Property and Real Estate Professionals David can be appointed as sole arbitrator concerning claims and disputes involving these professionals: Business & Financial Professionals Directors Officers Accountants Actuaries Auditors Investment Advisors Financial Advisors Financial Planners Financial Analyst Investigators Consultants Trustees Securities Brokers Valuators Lawyers Partners Joint Venture Parties Retirement Plan Administrators Property and Real Estate Real Estate Brokers Real Estate Agents Stakeholders Fiduciaries Architects Engineers Auctioneers Lawyers Fiduciaries Trustees Estate Trustees Administrators Executors Receivers Trustees in Bankruptcy Lawyers Arbitration Expertise David has arbitrated disputes on a wide variety of matters, and has been appointed by the Ontario Superior … Read More
Commercial Mediator, David Alderson
Need a Commercial Mediator? Good Availability | Fair and Reasonable Fees David Alderson is a Commercial Mediator: Hourly Rate: $550.00 per hour, plus facilities and applicable taxes. Daily Rate: $3,500 for 6 hour day and 3 hour preparation, plus facilities and applicable taxes. Language: English Commercial Mediator – Approach to Resolving Disputes David Alderson seeks to be a resolver, an effective mediator, by being an interactive listener, a facilitator of communications and negotiation, and when the parties to a dispute require it, a neutral evaluator. With over 40 years of practice as a lawyer in a very wide variety of business, commercial, trade, property, distribution and franchise, technology, employment, reinsurance and marine disputes, both in local and international practices, David brings to the mediation a broad competence in facilitating the process, assisting parties to articulate their interests and to define the issues, and in subject matter neutral evaluation. He is equally at home in … Read More
Toronto Arbitrators – Reasonable Fee & Good Availability
Sole Arbitrator – from $450.00 per hour, plus HST Gilbertson Davis LLP Arbitration Chambers Arbitrators All of the Gilbertson Davis LLP Arbitration Chambers arbitrators are senior legal practitioners who also accept appointments as arbitrators. They are distinguished in their respective areas of practice and have differing legal practice backgrounds, through diversity of their legal experience in the world of reinsurance, insurance, business disputes, shareholder disputes, partnership disputes, commercial disputes, commercial leasing, construction, employment law, condo law, IT and IP, sale of goods, franchise, international trade & distribution, and marine matters, through language skills, and from foreign legal experience and accreditations. This makes a Gilbertson Davis LLP Arbitrator uniquely qualified for your consideration. Accepting Appointments & Arbitration During the Pandemic Gilbertson Davis LLP Arbitration Chambers is open, and the chambers arbitrators are accepting appointment and progressing arbitration proceedings, despite the pandemic. Through our experience in the case management of arbitration, we … Read More
Move Summary Judgment Motion to Arbitration – Early Dates Available
Move Summary Judgment Motion to Arbitrator With the current curtailment of complete and timely operation of the court, the alternative option of consensually moving summary judgment or other important motions to arbitration provides a timely and cost efficient alternative to court proceedings. Parties before the courts may wish to turn to arbitration, which for at least a year in this jurisdiction, has regularly been conducted virtually, and at the pace the parties require. Parties are free to enter into an arbitration agreement specifically addressing all or part of a dispute, or only a stage of the proceedings, or a separate or discrete issue to be resolved. Arbitration is particularly well-suited for the final determination of important motions and threshold questions. The parties to a court proceeding can agree that the court proceeding be moved to arbitration for final resolution, or that only a specific stage of the proceedings or a … Read More
The Ontario Commercial Mediation Act, 2010 (Blog Part III)
David Alderson is a Commercial Mediator: Hourly Rates: $550.00 to $475.00 per hour (depending on amount of the claims), plus facilities and applicable taxes. Daily Rates and Half-day Rates available. Language: English The Ontario Commercial Mediation Act, 2010 (Blog Part III) This blog post (Part III) consider the provisions of the Ontario Commercial Mediation Act 2010, S.O. 2010, c.16, Sch. 3 (the “Act”) concerning settlement agreements, enforcement of settlement, application of the Ontario Rules of Civil Procedure, judgments, orders, the effect of filing the agreement, and enforcement of mediator’s fee. Earlier blog posts: (Part II) considers the provisions of the Act not included in an earlier blog post (Part I) or the subsequent blog post (Part III), including the mediator’s authority, prohibition of disclosure between parties, confidentiality, admissibility, and the relationship to arbitration and judicial proceedings. (Part I) considers the provisions of the Act concerning the application of that legislation, definitions contained … Read More
The Ontario Commercial Mediation Act, 2010 (Blog Part II)
David Alderson is a Commercial Mediator: Hourly Rates: $550.00 to $475.00 per hour (depending on amount of the claims), plus facilities and applicable taxes. Daily Rates and Half-day Rates available. The Ontario Commercial Mediation Act, 2010 (Blog Part II) This blog post (Part II) considers provisions of the Ontario Commercial Mediation Act 2010, S.O. 2010, c.16, Sch. 3 (the “Act”) not included in an earlier blog post (Part I) or the subsequent blog post (Part III), including the mediator’s authority, prohibition of disclosure between parties, confidentiality, admissibility, and the relationship to arbitration and judicial proceedings. An earlier blog post (Part I) considers the provisions of the Act concerning the application of the legislation, definitions contained in the Act, its interpretation, commencement and termination of the mediation, and the appointment of the mediator, duty of disclosure, and conduct of the mediation. A subsequent blog post (Part III) will consider the provisions of … Read More
Arbitrator, with Reasonable Fees and Good Availability
David Alderson is an accredited, qualified, independent and experienced commercial arbitrator, who arbitrates a wide variety of disputes. He has been appointed by the Ontario Superior Court of Justice in commercial arbitration matters. David offers arbitration services at a reasonable fee, and has good availability for hearings and other arbitration procedures. Sole Arbitrator – $450.00 per hour, plus HST Arbitrating Member David is a arbitrating member of a number of institutions, including The ADR Institute of Ontario, The Toronto Commercial Arbitration Society, the Ontario Bar Association Remote Arbitrator Member Roster, and Gilbertson Davis LLP Arbitration and Mediation Chambers. He is also Senior Counsel – Commercial Litigation, at Gilbertson Davis LLP, and has practiced in a number of jurisdictions in most areas of commercial and civil litigation. Arbitration of Disputes David’s primary focus on arbitration is for commercial disputes, including business disputes, shareholder and partnership disputes, director and officer disputes, real estate, condo and commercial leasing disputes, projects and joint venture disputes, construction, sale of … Read More
Five Reasons Why You Should Choose Collaborative Divorce
One: It’s Faster Traditional litigation can be a lengthy, time-consuming process, and it can take years to reach a resolution. With litigation, the courts decide when and how a matter moves forward. Even at the best of times, many courts have a large backlog. Since mid-March 2020, the courts in Ontario have suspended regular operations due to the COVID-19 pandemic. While the courts have continued to hear emergency matters and have recently expanded their scope of operations, they will not resume normal operations until July 6, 2020 at the earliest. There inevitably will be a large backlog when the courts reopen. Most collaborative professionals, along with mediators and arbitrators, continue to work during the pandemic by offering their services virtually. Two: It’s More Economical Collaborative divorce often costs less than going to court. The court process is expensive, and its costs are unpredictable. Traditional litigation requires a lot of preparation, … Read More
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