New Book with Guidance for the Construction Industry

Authors George Jergeas , PhD, and Lames Lozon, PhD, have just published this book with excellent advise for leaders in the construction industry. It provides “guidance on how to apply Benevolent Dictatorship in conjunction with proven best practices and methodologies for effective project delivery and execution.” Of course, best practices include actions taken to avoid […]

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Public Arbitration Hearing

I have recently completed a 3-day public arbitration hearing as a panel member in a dispute between the  Qikiqtani Inuit Association and Baffinland Iron Mines Corporation. The dispute involves the interpretation of the Inuit Impact and Benefit Agreement between the parties concerning the Mary River Project in Nunavut. The IIBA states that the proceedings and all […]

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ADR Update Newsletter

The Alberta Queen’s Bench has 19 vacancies. With judicial time prioritized for criminal and family matters involving abuse and children, there are no JDR dates available through June 2017 in Calgary or Edmonton. It’s a great time to engage in mediation and arbitration to resolve claims quickly and efficiently. PRIVACY AND CONFIDENTIALITY IN ARBITRATION: Privacy […]

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Recent Mediation Success

At the conclusion of a two-day mediation in Edmonton, the parties settled their claims and cross-claims arising from a major construction project. The settlement (in the 10s of millions) avoided a scheduled multi-day arbitration proceeding. The corporate parties and their employees are now free to get on with their core businesses and will not have to […]

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Award of Excellence

I was awarded the Lionel J McGowan Award of Excellence for National Service on October 13, 2016 at the ADR Institute of Canada’s annual conference in Toronto. The award is “in recognition of outstanding contributions to the support, development and success of the ADR Institute of Canada and to the promotion and development of alternative […]

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Court Declines Stay

In Nizamov v 1861398 Alberta Ltd., 2016 ABQB 401, Master Robertson declined to stay litigation in the face of a poorly-worded arbitration clause. He cited “the delay in relying on the arbitration clause, the scope of the dispute, and the parties involved” as reasons to dismiss the stay application. The arbitration clause said: The Owner and the Contractor agree […]

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Court sends matter to Arbitration

In Toyota Tsusho Wheatland Inc v Encana Corporation, 2016 ABQB 209, the court enforced a mandatory arbitration clause even though the arbitration outcome might affect 3rd party interests. The court first held that the International Commercial Arbitration Act applied, noting that, in the absence of other indicia, Toyota’s place of business is where its business decisions […]

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