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

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

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 […]

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

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

Rules of Court Amended

The Alberta Rules of Court were amended August 21, 2015 by AR 128/2015. Rule 4.19 adds a third document that may result from a JDR: “a transcript of proceedings made in open court at the time of the judicial dispute resolution process which records the outcome of [that] process.” New rule 4.20(4) provides for the use […]

Read more

New Contract Law from Supreme Court

The Supreme Court today declared that it is …appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual […]

Read more