Dealing with value gaps in financial expert opinion evidence

How do experts come to such different conclusions? I was a panelist with Suzanne Loomer (KPMG Toronto) and Bob Belliveau (McInnes Cooper Halifax) where we spoke of the key elements that underpin an expert’s opinion on business valuation or damages: facts of the case assumptions made by the expert the expert’s application of an appropriate […]

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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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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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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 […]

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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 […]

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IMI International Corporate Users ADR Survey

The International Mediation Institute has published results of its survey of in-house counsel responsible for managing dispute resolution. The summary is available here, and the full report here. When choosing a mediator: 99%  rely on a mediator’s experience as a mediator, 97% rely on past experience with the mediator, 93% rely on the mediator’s personality […]

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