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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

Reasons for Award Required

The Court of Appeal of Alberta upheld a Queen’s Bench justice’s finding that a labour arbitration must be set aside for having given inadequate reasons: United Food and Commercial Workers, Local 401 v. XL Foods Inc. (Calgary Beef Plant), 2016 ABCA 31. The issue before the arbitrator was about notice of termination of employment and the […]

Read more

Hybrid Med-Arb Process

In Pinder v Woodrow, 2015 ABQB 750 the Alberta Court of Queen’s Bench upheld an arbitration award from matrimonial proceedings settled during an arbitration. The arbitrator signed the settlement agreement, but appears not to have recorded it in the form of an award as required by section 36 of the Arbitration Act. Following an application by Ms Woodrow, he […]

Read more

Law, Equity, Fairness in Arbitration

A recent article by Toronto arbitrator William Horton in The Lawyers Weekly (here) highlights the need for parties agreeing to arbitration to consider what guidance, if any, they may wish to give the tribunal about “how to decide”. Should the test be strictly law-based, or should fairness or some other principles be considered? Parties are free […]

Read more

Lien Claim Referred to New Jersey Arbitrator

Master Robertson of the Alberta Court of Queen’s Bench decided in West Coast Installations, Inc. v. Frazier Industrial Co.  that a collection action involving enforcement of a claim under the Builders’ Lien Act should be referred to arbitration in New Jersey, just as the contract between the parties provided. The defendant’s Statement of Defence (coupled with a […]

Read more