Commercial Mediator, David Alderson, LL.B, LL.M (Commercial and Corporate)

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer, Arbitrator and MediatorBusiness Mediation, Business Mediator, Commercial, Commercial Mediation, Commercial Mediation Act, Commercial Mediator, Commercial Mediators, Contract Dispute Mediation, Contract Dispute Mediator, Cross-Border Mediation, Cross-Border Mediator, Distribution Mediation, Distribution Mediator, Employment Mediation, Employment Mediator, Franchise Mediation, Franchise Mediator, Mediation, Mediators, National Mediation Rules, Technology Mediation, Technology Mediator0 Comments

Commercial Mediator: Hourly Rates: $375.00 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 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 37 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 the context of complex, multi-party, and two-party single-issue disputes. He is confident about the mediation … Read More

The Ontario Commercial Mediation Act, 2010 (Blog Part III)

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer, Arbitrator and MediatorAlternative Dispute Resolution (ADR), Business Mediation, Business Mediator, Commercial Mediation, Commercial Mediation Act, Commercial Mediator, Contract Dispute Mediation, Contract Dispute Mediator, Cross-Border Mediation, Cross-Border Mediator, Distribution Mediation, Distribution Mediator, Employment Mediation, Employment Mediator, Franchise Mediation, Franchise Mediator, Mediation, Mediators, National Mediation Rules, Technology Mediation, Technology Mediator0 Comments

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 in the Act, its interpretation, commencement and termination of the mediation, and the mediators appointment, duty of disclosure, and conduct of the mediation. This blog post describes two important parts … Read More

The Ontario Commercial Mediation Act, 2010 (Blog Part II)

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer, Arbitrator and MediatorAlternative Dispute Resolution (ADR), Business Mediation, Business Mediator, Commercial, Commercial Mediation, Commercial Mediation Act, Commercial Mediator, Commercial Mediators, Contract Dispute Mediation, Contract Dispute Mediator, Cross-Border Mediation, Cross-Border Mediation, Cross-Border Mediator, Distribution Mediation, Distribution Mediator, Employment Mediation, Employment Mediator, Franchise Mediation, Franchise Mediator, Mediation, Mediators, National Mediation Rules, Technology Mediation, Technology Mediator0 Comments

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 the Act concerning settlement agreements, enforcement of settlement, application of the Ontario Rules of Civil Procedure, judgments, orders, the effect of filing agreement, and enforcement of mediator’s fee. Mediator’s … Read More

The Ontario Commercial Mediation Act, 2010 (Blog Part I)

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer, Arbitrator and MediatorBusiness Litigation, Business Mediation, Business Mediator, Commercial Litigation, Commercial Mediation, Commercial Mediation Act, Commercial Mediator, Commercial Mediators, Contract Dispute Mediation, Contract Dispute Mediator, Cross-Border Mediation, Cross-Border Mediation, Cross-Border Mediator, Distribution Mediation, Distribution Mediator, Employment Mediation, Employment Mediator, Mediation, Mediators, National Mediation Rules, Technology Mediation, Technology Mediator0 Comments

The Ontario Commercial Mediation Act, 2010 (Blog Part I) This blog post (Part I) considers the provisions of the Ontario Commercial Mediation Act 2010, S.O. 2010, c.16, Sch. 3, concerning the application of that 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. Further blog posts on the Act: (Part II) – will consider other provisions of the Act, including the mediator’s authority, disclosure between parties, confidentiality, admissibility, and the relationship to arbitration and judicial proceedings. (Part III) – will consider other provisions of the Act concerning settlement agreements, enforcement of settlement, application of the Ontario Rules of Civil Procedure, judgments, orders, the effect of filing agreement, and enforcement of mediator’s fee. Mediation  The fundamental rule for mediators is to do no harm; that is to say, to leave the parties … Read More

It’s not all about Intent! – Court of Appeal Confirms Test for Civil Conspiracy

Josef FinkelAppeals, Business Litigation, Civil Litigation, Commercial, Commercial and Contract Litigation, Commercial Litigation, Contract Disputes0 Comments

In the recent decision Mughal v. Bama Inc., 2020 ONCA 704 (CanLII), the Court of Appeal upheld a lower court decision in an action alleging civil conspiracy, among other things. The underlying action involved a plaintiff seeking the return of his investment in a corporation. On appeal, it was alleged that the trial judge applied the wrong legal test for and misapprehended the evidence to find commission of the tort of conspiracy to injure. The appellate court concluded that the trial judge applied the correct test for establishing civil conspiracy to injure as follows: Whether the means used by the defendants are lawful or unlawful, the predominant purpose of the defendants’ conduct is to cause injury to the plaintiff; or, Where the conduct of the defendants is unlawful, the conduct is directed towards the plaintiff (alone or together with others), and the defendants should know in the circumstances that injury … Read More

Limitation Periods in Family Law

Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.Child Support, Division of Property, Divorce, Family Law, Marriage Contracts, Separation, Separation Agreements, Spousal Support0 Comments

A limitation period is the amount of time within which the law permits one to bring a legal claim or action. Claims started after a limitation period has ended can be barred. Under the Limitations Act, there is a general two-year limitation period. In family law there are several different limitation periods that prospective and current family law clients should be aware of. Under the Family Law Act, married spouses may make a claim for equalization of net family property within the earliest of (a) two years after the marriage is terminated by divorce or judgement of nullity; (b) six years after the spouses separate and there is no reasonable prospect that they resume cohabitation; or (c) six months after the first spouse’s death. The court may extend the limitation period for bringing an equalization claim, if it is satisfied that (a) there are apparent grounds of relief; (b) relief … Read More

Do it, Don’t Just Say it! Court of Appeal refuses to Rule on Arbitration Clause

Josef FinkelArbitration, Civil Litigation, Commercial Law, Commercial Litigation, Moving Litigation to Arbitration0 Comments

On a recent motion before the Court of Appeal in Paulpillai Estate v. Yusuf, 2020 ONCA 655 (CanLII), Jamal J.A. clarifies that a party needs to bring a motion if it wants the proceeding to be referred to arbitration. In the underlying decision, Paulpillai v. Yusuf, 2020 ONSC 851 (CanLII), the motion judge noted that the responding parties “have maintained in their affidavit evidence that the matter should have proceeded by way of arbitration, but at no time did they bring a motion seeking to stay these proceedings or to compel the Applicants to proceed by way of arbitration”. Accordingly, the motion judge found that the responding parties have waived their right to seek to have the issues in the action determined by way of arbitration. In agreement with the motion judge, Jamal J.A., writing for the Court of Appeal, clarifies that, even though (a) there was an arbitration clause … Read More

Expedited Arbitration by Toronto Arbitrators | Fast Track Arbitration | Simplified Arbitration

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer, Arbitrator and MediatorCommercial0 Comments

This post may be of interest to those looking for a quick, efficient, time-sensitive and less expensive way to arbitrate a dispute. On July 24, 2020, the 77th Session of the United Nations Commission on International Trade Law, (UNCITRAL) Working Group II (Dispute Settlement) published its draft Expedited Arbitration Provisions. Before that, the Secretariat was requested to collect information on the different roles undertaken by arbitral institutions in administering expedited arbitration. Accordingly, the Secretariat circulated a questionnaire to arbitration institutions and related organizations on 26 April 2019 and received responses from 18 institutions as of 29 July 2019. The arbitral institutions administering expedited arbitration that responded were these: Vienna International Arbitral Centre, Construction Industry Arbitration Council, Russian Arbitration Center,  Milan Chamber of Arbitration, London Court of International Arbitration, Georgian International Arbitration Centre, Arbitration Institute of the Stockholm Chamber of Commerce, International Centre for Alternative Dispute Resolution, China International Economic and Trade Arbitration Commission, … Read More

Can The Condo Corporation Register A Lien On My Condo Unit?

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Building | Property Management, Civil Litigation, Commercial, Condo Litigation, Creditors Rights, Debt and Enforcing Judgments, Real Estate Litigation0 Comments

A recent Divisional Court decision, Amlani v. YCC 473, 2020 ONSC 5090, confirmed that there are two separate ways to register a condo lien depending on whether the amount is related to common expenses (or “condo fees”), or related to compliance and enforcement expenses. A condo lien may be registered without a court order when the condo corporation seeks to recover unpaid condo fees.  However, condo corporations are required to obtain a court order to register a lien when seeking to recover legal fees and expenses incurred for compliance and enforcement matters. Background The condo owner, a smoker for 56 years, purchased the unit after confirming that smoking was allowed. A few years later, the neighbour complained about the smell of smoke but the issue was resolved after the the condo corporation sealed certain openings at its own cost. When new complaints about the smell of smoke came up again … Read More

Nick Poon Comments on Anti-Black Racism in Commercial Lease Dispute for The Lawyer’s Daily

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Business Disputes, Civil Litigation, Commercial and Contract Litigation, Commercial Contracts, Commercial Leasing, Commercial Litigation, Contract Disputes, Contract Termination, Injunction & Specific Performance, Real Estate Litigation0 Comments

Nick Poon was recently asked by The Lawyer’s Daily to comment on the Ontario Superior Court of Justice decision in Elias Restaurant v. Keele Sheppard Plaza Inc., 2020 ONSC 5457. The Lawyer’s Daily article is found here: Court cites ‘prejudices’ to Black tenants in overturning landlord’s eviction bid. In this case, the tenant was a husband and wife team that operated a successful restaurant/bar offering African and Caribbean cultural foods primarily to the black community.  The tenant had spent $150,000 in leasehold improvements when it took over the lease in 2013.  The lease included two further 5-year renewal options, upon delivery of written notice at least six months before the lease expired. Although the tenant attempted to contact the landlord, both before and after the deadline, to start the renewal process, the landlord appeared to have avoided its telephone calls.  The tenant brought an application for relief from forfeiture after … Read More

Arbitration Without an Arbitration Clause | When Can I Arbitrate?

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer, Arbitrator and MediatorArbitration, Arbitrators, Business Dispute Arbitrator, Commercial, Commercial Arbitrator, Commercial Lease Arbitrator, Condo Arbitrator, Construction Arbitrator, Employment Dispute Arbitrator, Franchise Arbitrator, International Commercial Arbitrator, International Joint Venture Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Licensing Arbitrator, Marine Arbitrator, Maritime Arbitrator, Moving Litigation to Arbitration, Partnership Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Roster Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

When Is Arbitration Available? An agreement to refer or submit disputes to arbitration may be made before a dispute arises or after a dispute has arisen. Arbitration Clause and Standalone Agreement to Submit Disputes to Arbitration An agreement to arbitrate typically appears as an arbitration clause in a contract in relation to which a dispute has arisen. However, resolving disputes by arbitration may be possible even if the parties have not included an arbitration clause in the contract – if they agree to submit disputes to arbitration by a standalone arbitration agreement. This way the parties to a dispute can agree to submit a dispute to arbitration even if they did not include an arbitration clause in the contract, if any, in dispute.  This option provides the parties with the advantages of arbitration as a presumptively private and confidential, efficient, faster and therefore less expensive way to resolve disputes. Statutory … Read More

Employment Arbitrator | Reasonable Fees and Good Availability

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer, Arbitrator and MediatorArbitrators, Commercial, Employment, Employment & Wrongful Dismissal, Employment Dispute Arbitrator, Roster Arbitrator, Technology Arbitrator0 Comments

David Alderson, LL.B, LL.M, Q.Arb – Employment Arbitrator Arbitrator Experience David Alderson is an experienced, independent and qualified arbitrator. He has been appointed as arbitrator by the Ontario Superior Court of Justice to adjudicate disputes. David accepts appointment as an employment dispute arbitrator. David is a full member of the ADR Institute of Ontario and is in its arbitrating member’s Directory of Ontario Dispute Resolution Professionals, as well being a member of the Toronto Commercial Arbitration Society, where he appears on its Roster of Member Arbitrators. His roster membership can be viewed here. He hold an LL.B (Osgoode), LL.M (Lond.) and Q.Arb (ADR Institute of Canada). David is on the newly formed Member’s Roster for Remote Arbitration and Mediation Services, for the provision of remote Arbitration in a wide variety of disputes. David has always encouraged and supported the use of arbitration as an alternative to traditional court-based dispute resolution as a both time … Read More

Online Defamation and Use of Pseudonyms

Josef FinkelArbitration, Business Torts | Economic Torts, Civil Litigation, Commercial, Defamation, Injunction & Specific Performance, Norwich Order, Online Defamation0 Comments

Online Defamation (“Cyber Libel”) Many of our defamation matters come from the internet. These cases take many forms, from defamatory articles, to social media posts, to negative reviews of a business or person. Courts have recognized that online defamation or “cyber libel” is far more perverse than other forms of defamation. This is because internet users can reach the global population within seconds by publishing defamatory remarks about an individual or a business. As such, cyber libel can be significantly more damaging to a person’s business and/or reputation than other forms of defamation. Posting via Online Pseudonyms Some individuals go so far as to create aliases to post malicious and defamatory comments about others on the internet. In Ontario, you can sue an anonymous defamer by naming them as “John Doe” and/or “Jane Doe” in your claim against them. There are methods to determine the identity of these anonymous defamers, … Read More

Toronto Defamation Lawyers – Libel and Slander Law in Ontario

Josef FinkelArbitration, Business Litigation, Business Torts | Economic Torts, Civil Litigation, Commercial, Commercial Litigation, Online Defamation0 Comments

Defamation is the tort of false publication (whether written or oral). Typically, a publication which tends to lower a person’s reputation in the opinion of reasonable members of society, or to expose a person to hatred, contempt or ridicule, is defamatory and will attract liability. The major piece of legislation governing the law of defamation in Ontario is the Libel and Slander Act. According to the Act, you can be defamed in two ways: via either (1) Libel and/or (2) Slander. What is Libel? Defamatory communications may be by words, pictures, sounds, or other forms of communication.  They may be published on the internet, in social media postings, on websites, online reviews, chat rooms, or in other forms of broadcast. The dissemination of such defamatory comments or communications to the public is libelous. What is Slander? Slander is the public utterance of words that are meant to disparage a person … Read More

Corona Divorce: Worldwide Increase in Divorce Rates and Inquiries After Coronavirus Quarantine

Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.Child Support, Coronavirus, COVID-19, Custody and Access, Division of Property, Divorce, Family Law, Marriage Contracts, Separation, Separation, Separation Agreements, Spousal Support0 Comments

Divorce rates and inquiries have dramatically increased across the world because of lockdowns brought by governments intended to stop the spread of COVID-19. The stress of the pandemic, coupled with being confined in close quarters for weeks, added financial worries and increased childcare responsibilities are thought to be behind this increase. Back in March, Baroness Shackleton of Belgravia, one of the UK’s most eminent family law lawyers told her peers at Westminister: “The prediction amongst divorce lawyers is that following self-imposed confinement it is very likely that the divorce rate will rise.” She further noted: “”One only has to imagine what it’s going to be like when families are sealed in a property for a long period of time.” As China emerged from lockdown in March, numerous cities across China reported large increases in divorce filings. Specific numbers are not available as China only releases statistics on divorces annually. Saudi … Read More

Construction Arbitrator | Reasonable Hourly Rate | Good Availability

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer, Arbitrator and MediatorArbitrators, Commercial, Condo Arbitrator, Condo Construction, Construction | Builders, Construction Arbitrator, Construction Litigation, Contract Disputes, Contract Termination, Cottage Litigation, Employment, Employment & Wrongful Dismissal, Expedited Arbitration, Force Majeure, Force Majeure Clauses, Fraudulent Schemes, Heavy Industries, Heavy Machinery Disputes, Infrastructure Arbitrator, Injunction & Specific Performance, International Joint Venture Arbitrator, Joint Venture Disputes, Labour Arbitrator, Mining, Infrastructure and Projects, Moving Litigation to Arbitration, Roster Arbitrator0 Comments

Construction arbitrators must be able to arbitrate efficiently and at the pace required by the parties, disputes ranging from simple renovations and repair, to complex multi-party multi-staged projects. The ability to understand construction stages and complexities of design, architecture, engineering and project management, and technical dimensions of a construction dispute are the hallmarks of an effective construction arbitrator. Experience In his practice here in Ontario, and when practicing in Dubai and Bermuda, David has been involved in a wide array of construction disputes, including, but not limited to project development, project finance, infrastructure and construction disputes, including matters involving parking garages, road building, residential house construction and renovation, condo development and financing disputes, numerous joint venture disputes, matters involving demolition, collapse, fire and flood, as well as contract disputes concerning construction quality and warranties; and labour disputes in the construction industry. Arbitrator for Construction Disputes David offers appointment as sole … Read More

Tech Arbitrator | IP Arbitrator | IT Arbitrator | Internet Arbitrator

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer, Arbitrator and MediatorArbitration, Commercial, Internet | Technology, Internet Arbitrator, IT Arbitrator, IT Arbitrator, Licensing Arbitrator, Start-Up Disputes0 Comments

David Alderson LL.B, LL.M, Q.Arb : Reasonable hourly rates, from $350 per hour, with good availability. Experience David Alderson is an experienced, qualified and independent arbitrator who offers appointment as an arbitrator in technology arbitration. He has been appointed arbitrator by the Ontario Superior Court of Justice in commercial arbitration matters. His practice of over 35 years, and in Canada and other international jurisdictions, has been in a diverse array of commercial and technical disputes, including trademark infringement, passing off, copyright infringement, injunctions to take down fake websites and applications to transfer confusingly similar domain names, licensing disputes, reinsurance, and marine arbitration. He has been counsel in both the Federal Court and the Federal Court of Appeal in a leading trademark and internet case. He has been counsel in numerous internet-related disputes. Technology David’s practice areas, though diverse, mostly share a common trait, namely that they involve matters relating to … Read More