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 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

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

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

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 From $350 per hour, plus facilities and applicable taxes. 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 … 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

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

Construction Law Lawyers – An Overview of Construction Law

Josef FinkelCivil Litigation, Commercial, Commercial and Contract Litigation, Commercial Litigation, Construction Liens, Construction Litigation, Contract Disputes0 Comments

Construction law and practice, largely governed by the Construction Act, R.S.O. 1990, c. C.30 (the “Act”), is a specialized field of law which has unique attributes, processes and deadlines. One cannot contract out of the application of the Act and must abide by its provisions. Without going into the various intricacies, the following is a brief primer on some (not all) key parts of the Act for those that may need legal assistance with a construction related dispute. The Initial Contract A construction project will typically start with a contract between a property owner and a general contractor. For a fee, the contractor takes on the responsibility of overseeing the project and supplying services and/or materials to the construction project. The Subcontracts The contractor often needs help from tradespeople (“subcontractors” or “subtrades”) with various aspects of the project like plumbing, painting, etc. For such assistance, the contractor tends to enlist … Read More

Commercial Arbitrator from $350 per hour* David Alderson

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer, 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 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 and industries.  He is also admitted in New … Read More

Toronto Lawyers for Mortgage Defaults – Assessing your Bank’s Bill

Josef FinkelCivil Litigation, Commercial, Mortgage Enforcement, Mortgage Litigation, Real Estate Litigation0 Comments

Once a mortgage has been defaulted on, banks and other mortgage lenders will often charge mortgagors (you-the borrower and their customer) exorbitant and excessive fees, whether it be intentional or not. Time and again, we have seen these fees levied at exponentially greater amounts than lenders are reasonably entitled to charge under the circumstances. The charging of such unreasonably high fees has not been viewed favourably by the courts. In the midst of Covid-19 related complications and with other financial difficulties remaining on the horizon, many property owners have been unable to continue to pay their mortgages on a consistent basis. One difficulty that presents itself for home owners in this type of situation is the ability of their mortgage lenders to sell their properties via “power of sale” proceedings. A power of sale is meant to pay off secured mortgage lenders for the amount that they are owed under … Read More

Roster Arbitrator, with Reasonable Fees and Good Availability

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer, 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. 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 goods, distribution and franchise disputes, management, brokerage and agency disputes, … Read More

Ontario Bans Commercial Evictions During COVID-19: Seven Things You Need to Know

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Business Disputes, Commercial, Commercial and Contract Litigation, Commercial Contracts, Commercial Leasing, Commercial List Matters, Commercial Litigation, Contract Disputes, Contract Termination, Coronavirus, COVID-19, Shopping Mall Lease Disputes, Shopping Mall Lease Litigation0 Comments

As predicted in our previous blog, B.C. Bans Evictions if Commercial Landlords Fail to Apply to CECRA: A Similar Ban Coming to Ontario?, the Ontario Government announced yesterday that it had passed legislation to protect commercial tenants from evictions and having their assets seized by their landlord during COVID-19. After British Columbia, Alberta and Saskatchewan took steps in the last two weeks to protect small business tenants from landlords that choose not to apply for the Canada Emergency Commercial Rent Assistance (CECRA) program, Ontario Premier Doug Ford finally followed through on his promise to protect small business tenants during COVID-19. On June 18, 2020, Bill 192,  Protecting Small Business Act, 2020 (the “Act”) received Royal Assent, and officially amended the Commercial Tenancies Act to prohibit landlords, that are or would be eligible to receive assistance under the CECRA program, from evicting tenants or exercising distress remedies in the period from … Read More

Toronto Debt Recovery Lawyers | Enforcement of Judgment Lawyers

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer, Arbitrator and MediatorCivil Litigation, Commercial, Commercial Contracts, Contract Disputes, Enforcement of Foreign Arbitral Awards, Enforcement of Foreign Judgments, Finance Litigation, Fraud Recovery, Gift Law, Lenders | Borrowers, Loan and Guarantee, Promissory Note Claims0 Comments

Domestic and, US and Other Foreign Debt, Judgments and Awards We are often consulted or retained in connection with recovery of large local debt or foreign debt, including casino debt, or to seek recognition  and enforcement in Ontario, Canada, of judgments, orders, or arbitration awards obtained in Ontario, other provinces of Canada, US and other foreign jurisdictions. We are sometimes retained to work with the assistance of lawyers practicing debt recovery in other jurisdictions, including, those located offshore. Claims on Loan Guarantee We can advise and represent those claiming payment on a guarantee, and those named as guarantor of a loan. Loan or Gift? | Loan or Investment? Disputes sometimes arise when either a payment advanced or transfer is alleged to be a loan rather than a gift, or alleged to a loan rather than an investment, or vice-versa. We have relevant experience in both domestic and cross-border litigation. Injunctions and Other … Read More