Family Business Litigation | Start Up Company Litigation

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAppointing Auditor, Appointing Inspector, Business Arbitrator, Business Defamation, Business Dispute Arbitrator, Business Disputes, Business Law, Business Litigation, Commercial, Commercial Arbitration, Commercial List Matters, Directors' and Officers' Liability, Family Business Disputes, Shareholder Disputes, Start-Up Disputes0 Comments

We have experience acting for, advising and representing those in closely-held company litigation, both arising from family business disputes and start-up company disputes. Family Business Disputes Many businesses in Canada are family businesses or have evolved from family businesses. Family businesses present many unique challenges as they grow, as key members of the company or partnership leave the family business, or when personal relationships of the key members of the family business thereby change or deteriorate. One of the most common differences between a family business and other established businesses, whether or not a shareholders’ agreement, partnership agreement and other legal documentation was used in the formation of the family business, is the informality in operation of the family business, including the often ignored distinction in fact between employees, shareholders, or partners – since family members often take on multiple roles. Please see our webpage on Family and Closely Held … Read More

Recognition of Foreign Judgments and Arbitral Awards – Recent Decision of the Ontario Superior Court of Justice says Ontario Court is Not to Intervene Absent Exceptional Circumstances

Gilbertson Davis LLPArbitrators, Business Arbitrator, Business Litigation, Civil Liability, Civil Litigation, Commercial and Contract Litigation, Commercial Arbitration, Commercial Arbitrator, Commercial Litigation, Cross-Border Litigation, Debt and Enforcing Judgments, Enforcement of Foreign Arbitral Awards, Enforcement of Foreign Judgments0 Comments

The Ontario Superior Court of Justice (“OSCJ”) recently released its decision in Costco Wholesale Corporation v. TicketOps Corporation, 2023 ONSC 573, granting an application to enforce judgments received by the applicant from the United States District Court (Western District of Washington at Seattle) and/or the underlying arbitral awards. At the same time, the OSCJ also rejected the Respondents’ motion to convert the application into an action. Recognition of Awards With regard to the Awards, the OSCJ advises as follows: “In Ontario, foreign arbitral awards are enforceable through the International Commercial Arbitration Act, 2017, S.O. 2017, c. 2, Sched. 5 (“ICAA”).  The ICAA provides that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“Convention”) has force of law in Ontario.  The Convention is set out in Schedule 1 to the ICAA.  The ICAA also provides that the Model Law on International Commercial Arbitration (“Model Law”) has force of law in Ontario.  The Model Law is set out in Schedule 2 to the ICAA.” The OSCJ notes that the Convention and … Read More

Professional Liability Claims Arbitrator – Experienced and Qualified Arbitrator with Reasonable Fee Rates

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAlternative Dispute Resolution (ADR), Arbitration, Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Commercial Arbitrator, Commercial Lease Arbitrator, Condo Arbitrator, Construction Arbitrator, Directors' and Officers' Liability, International Joint Venture, Investment Arbitrator, Joint Venture Arbitrator, Joint Venture Disputes, Partnership Arbitrator, Partnership Dispute, Partnership Dispute Arbitrator, Professional Liability Claims Arbitrator, Real Estate Arbitrator0 Comments

Professional Liability Claims Arbitrator  David Alderson is an independent, experienced and qualified Arbitrator.  Practice in professional liability, professional indemnity and professional negligence cases make him a good choice as sole or panel arbitrator in professional liability claims arbitrations. He has been appointed by the courts in commercial arbitration disputes. Business & Financial Professionals Property and Real Estate Professionals David can be appointed as sole arbitrator concerning claims and disputes involving these professionals: Business & Financial Professionals Directors Officers Accountants Actuaries Auditors Investment Advisors Financial Advisors Financial Planners Financial Analyst Investigators Consultants Trustees Securities Brokers Valuators Lawyers Partners Joint Venture Parties Retirement Plan Administrators Property and Real Estate Real Estate Brokers Real Estate Agents Stakeholders Fiduciaries Architects Engineers Auctioneers Lawyers Fiduciaries Trustees Estate Trustees Administrators Executors Receivers Trustees in Bankruptcy Lawyers Arbitration Expertise David has arbitrated disputes on a wide variety of matters, and has been appointed by the Ontario Superior … Read More

Business Dispute Arbitrator – Qualified Arbitrator with Reasonable Fees

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAgency Arbitrator, Arbitration, Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Commercial, Commercial Arbitration, Commercial Arbitrator, Commercial Lease Arbitrator, Distribution Arbitrator, Employment Dispute Arbitrator, Energy Arbitrator, Franchise Arbitrator, Infrastructure Arbitrator, International Commercial Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Licensing Arbitrator, Partnership Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Business Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator0 Comments

Business Disputes Arbitrator | Business Claims Arbitrator | Experienced Business Dispute and Business Claim Arbitrator | Independent and Qualified Arbitrator with Reasonable Fees and Good Availability  Sole Arbitrator – $450.00 per hour, plus HST Experience  David Alderson, LL.B, LL.M (Commercial and Corporate), Qualified Arbitrator accepts arbitrator appointments, both as sole arbitrator and as panel arbitrator, for business disputes and business claims, including corporate disputes, shareholder disputes, joint venture disputes, family business disputes, closely held business disputes and start-up business disputes, as well as sale of business disputes. He is qualified, independent, and offers appointment on reasonable fees and with good availability. The Ontario Superior Court of Justice has appointed David as arbitrator in commercial arbitration matters and he regularly sits as an arbitrator in business and commercial disputes. David is a member of the Toronto Commercial Arbitration Society, and has successfully completed the Toronto Commercial Arbitration Society Gold Standard Course in … Read More

Toronto Arbitrators – Reasonable Fee & Good Availability

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAgency Arbitrator, Alternative Dispute Resolution (ADR), Arbitration, Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Commercial Arbitration, Commercial Arbitrator, Commercial Lease Arbitrator, Condo Arbitrator, Construction Arbitrator, Distribution Arbitrator, Employment Dispute Arbitrator, Energy Arbitrator, Franchise Arbitrator, Infrastructure Arbitrator, International Commercial Arbitrator, International Joint Venture Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Labour Arbitrator, Licensing Arbitrator, Marine Arbitrator, Maritime Arbitrator, Moving Litigation to Arbitration, Partnership Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Roster Arbitrator, Sale of Business Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

Sole Arbitrator – from $450.00 per hour, plus HST Gilbertson Davis LLP Arbitration Chambers Arbitrators  All of the Gilbertson Davis LLP Arbitration Chambers arbitrators are senior legal practitioners who also accept appointments as arbitrators. They are distinguished in their respective areas of practice and have differing legal practice backgrounds, through diversity of their legal experience in the world of reinsurance, insurance, business disputes, shareholder disputes, partnership disputes, commercial disputes, commercial leasing, construction, employment law, condo law, IT and IP, sale of goods, franchise, international trade & distribution, and marine matters, through language skills, and from foreign legal experience and accreditations. This makes a Gilbertson Davis LLP Arbitrator uniquely qualified for your consideration. Accepting Appointments & Arbitration During the Pandemic  Gilbertson Davis LLP Arbitration Chambers is open, and the chambers arbitrators are accepting appointment and progressing arbitration proceedings, despite the pandemic. Through our experience in the case management of arbitration, we … Read More

Commercial Arbitrator at Reasonable Hourly Rates – David Alderson

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorArbitrators, Business Arbitrator, Business Dispute Arbitrator, Commercial, Commercial Arbitrator, Commercial Lease Arbitrator, Energy Arbitrator, Franchise Arbitrator, Infrastructure Arbitrator, International Commercial Arbitrator, International Joint Venture Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Licensing Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Roster Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator0 Comments

David Alderson. LL.B, LL.M. Q.Arb – Background Sole Arbitrator – $450.00 per hour, plus HST David has been accredited by the ADR Institute as Canada as a Qualified Arbitrator (Q.Arb). He accepts appointments as a commercial arbitrator, international commercial arbitrator and as a business dispute arbitrator, at reasonable hourly rates and with good availability. The Ontario Superior Court of Justice has appointed David in commercial arbitration matters. David is a member of the Toronto Commercial Arbitration Society, has successfully completed their Gold Standard Course in Commercial Arbitration, and is on the TCAS Roster of Arbitrating Members.  He is also a Full Member of the ADR Institute of Ontario and appears in its Member Directory. David is on the Ontario Bar Association roster of Remote Arbitrator and Mediator Services. David has lived and practiced commercial arbitration in Ontario, England, Bermuda and Dubai, in a wide variety of disputes in a diverse range of businesses … Read More

Arbitrator, with Reasonable Fees and Good Availability

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAgency Arbitrator, Alternative Dispute Resolution (ADR), Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Commercial, Commercial Arbitrator, Commercial Lease Arbitrator, Condo Arbitrator, Expedited Arbitration, Franchise Arbitrator, Internet | Technology, Internet Arbitrator, IT Arbitrator, IT Arbitrator, Licensing Arbitrator, Marine Arbitrator, Partnership Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

David Alderson is an accredited, qualified, independent and experienced commercial arbitrator, who arbitrates a wide variety of disputes. He has been appointed by the Ontario Superior Court of Justice in commercial arbitration matters. David offers arbitration services at a reasonable fee, and has good availability for hearings and other arbitration procedures. Sole Arbitrator – $450.00 per hour, plus HST Arbitrating Member David is a arbitrating member of a number of institutions, including The ADR Institute of Ontario, The Toronto Commercial Arbitration Society, the Ontario Bar Association Remote Arbitrator Member Roster, and Gilbertson Davis LLP Arbitration and Mediation Chambers. He is also Senior Counsel – Commercial Litigation, at Gilbertson Davis LLP, and has practiced in a number of jurisdictions in most areas of commercial and civil litigation. Arbitration of Disputes David’s primary focus on arbitration is for commercial disputes, including business disputes, shareholder and partnership disputes, director and officer disputes, real estate, condo and commercial leasing disputes, projects and joint venture disputes, construction, sale of … Read More

Expedited Arbitration Arbitrators

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorArbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Commercial, International Joint Venture Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Licensing Arbitrator, Marine Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Goods Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator0 Comments

Expedited Arbitration Sole Arbitrator – from $450.00 per hour, plus HST Sometimes an arbitration clause provides for expedited arbitration proceedings, with time limits by stated duration for claims submissions (pleadings), discovery of documents (by request) and an early arbitration hearing date and award publication. Agreed Expedited Arbitration  On other occasions the arbitration clause does not provide expressly for an expedited arbitration procedure, but neither does it prohibit that.  If the parties agree, then an expedited arbitration procedure or simplified arbitration procedure for the arbitration can be directed by the arbitrator. An expedited arbitration procedure will usually be agreed at the preliminary, or first, meeting and result in a procedural order covering the entire duration of the expedited arbitration from exchange of  written submissions (pleadings) up to the date of the hearing and publication of the award. Some Reasons for an Expedited Arbitration There are lots of reasons the parties may … Read More

Arbitration & Court Closure Due to COVID-19 / Coronavirus

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAgency Arbitrator, Alternative Dispute Resolution (ADR), Arbitration, Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Commercial, Commercial Arbitration, Commercial Arbitrator, Commercial Lease Arbitrator, Condo Arbitrator, Coronavirus, COVID-19, Employment Dispute Arbitrator, Energy Arbitrator, Franchise Arbitrator, Infrastructure Arbitrator, International Commercial Arbitrator, International Joint Venture Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Labour Arbitrator, Licensing Arbitrator, Marine Arbitrator, Maritime Arbitrator, Partnership Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

Litigants and lawyers requiring timely resolution of disputes and who have no or limited access to the courts for trials or other hearings because of COVID-19 / Coronavirus related court closures, or for whom a public court-centered proceeding is inappropriate, may wish to consider arbitration as an alternative to litigation. In-person, video or teleconferencing determinations of arbitrated disputes at reasonable rates can resolve procedural and substantive issues more quickly than our courts in the current COVID-19  / Coronavirus related crisis, and very often in ordinary circumstances where congested dockets unfortunately preclude expedited case determinations. With the consent of the parties to litigation, and at virtually any stage of the litigation, an ad hoc arbitration can be arranged. Arbitration may be the forum best suited to the resolution of your dispute across a broad range of practice areas. Please see the Gilbertson Davis LLP Arbitration & Mediation Chambers webpage, and  other … Read More

Contract Arbitrator – Event Cancellation Dispute Arbitrator, Force Majeure Clause Dispute – Reasonable Fees and Good Availability – Gilbertson Davis LLP Arbitration and Mediation Chambers

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAgency Arbitrator, Arbitration, Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Civil Litigation, Commercial, Commercial Arbitration, Commercial Arbitrator, Commercial Contracts, Commercial Lease Arbitrator, Condo Arbitrator, Contract Disputes, Contract Termination, Coronavirus, COVID-19, Employment Dispute Arbitrator, Energy Arbitrator, Enforcement of Foreign Arbitral Awards, Franchise Arbitrator, Infrastructure Arbitrator, International Commercial Arbitrator, International Joint Venture Arbitrator, Internet Arbitrator, Investment Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Licensing Arbitrator, Marine Arbitrator, Maritime Arbitrator, Partnership Arbitrator, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Goods Arbitrator, Shareholder Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

Contract Dispute Arbitrator  Sole Arbitrator – $450.00 per hour, plus HST An arbitrator, or an arbitration tribunal, obtains jurisdiction to adjudicate and decide a dispute from an agreement / contract which has been made by the parties to the arbitration. This jurisdiction is not typically provided by legislation, though there are exceptions, such as the arbitration provision deemed by statute to be included in a condominium declaration. Even if there is no arbitration clause in the contract or agreement made by the parties and a dispute arises, then parties to that contract may still agree to have their dispute determined by arbitration. The parties to a contract may prefer to have a dispute determined by arbitration, since it is presumptively a confidential process, it may be faster and less expensive than going to court, or they may wish to participate in the selection of the adjudicator. Common Contractual Issues Arbitrated … Read More