Move Summary Judgment Motion to Arbitration – Early Dates Available

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAlternative Dispute Resolution (ADR), Arbitration, Injunction & Specific Performance, Summary Judgment0 Comments

Move Summary Judgment Motion to Arbitrator

With the current curtailment of complete and timely operation of the court, the alternative option of consensually moving summary judgment or other important motions to arbitration provides a timely and cost efficient alternative to court proceedings.  Parties before the courts may wish to turn to arbitration, which for at least a year in this jurisdiction, has regularly been conducted virtually, and at the pace the parties require.

Parties are free to enter into an arbitration agreement specifically addressing all or part of a dispute, or only a stage of the proceedings, or a separate or discrete issue to be resolved. Arbitration is particularly well-suited for the final determination of important motions and threshold questions.

The parties to a court proceeding can agree that the court proceeding be moved to arbitration for final resolution, or that only a specific stage of the proceedings or a specific issue resolution be moved to arbitration.

Move Motions to Arbitration for Binding Award 

Motions that are contemplated, or have been brought, but have not been heard, can be referred to an Arbitrator for hearing.  This requires an arbitration agreement of the parties to do so.

Arbitration results in a binding award that can be enforced by the court. Arbitrators in Ontario can issue Notices to Witnesses (Subpoenas), hold case conferences, make procedural orders and interim or final awards.

Arbitrators can issue orders for urgent equitable relief, such as mandatory orders, stays and injunctions, so long as they do not affect or bind entities that are not party to the arbitration.

Types of Motions to be Heard by an Arbitrator 

Here is a sample of motions that with the consent of the parties can be determined by an arbitrator: Motion for Summary Judgment, Cross Motion for Summary Judgment, Strike Out Pleadings Motions, Motions on Questions of Law, Questions Involving Conditions Precedent to Litigation or Requiring Early Determination, Undertakings and Refusal Motions, Applications (or Motions in action) for Recognition of Foreign Judgment in Ontario, Motions to Stay, Motions for  Mandatory Orders and Motions for Injunctions (not affecting third parties).

David Alderson, LL.B, LL.M, Commercial Arbitrator 

Summary Judgment

David Alderson has attended as counsel on numerous motions for summary judgment including as co-counsel in the motion for summary judgment, appeal to the Court of Appeal for Ontario and responding to an appeal in the Supreme Court of Canada in the case reported as Hryniak v Mauldin.

He has regularly spoken and written on the subject of summary judgment, including as Chair and Moderator of the Osgoode Hall Law School CLE Webinar on Summary Judgment in the Supreme Court of Canada: Hryniak v Mauldin and Its Implications, and as author of the chapter entitled Sentinels of the Hryniak Culture Shift: Four Years On, included in the Annual Review of Civil Litigation – 2018, about which, the editor, the Honourable  Justice Todd Archibald, stated “Before embarking upon a summary judgment motion, all counsel should carefully read Mr. Alderson’s paper because it provides superb guidance concerning the prospects of success not only before the motions judge but on appellate review. Mr. Alderson’s paper is a comprehensive tour de force for all advocates.” 

A follow-up chapter is planned for the Annual Review of Civil Litigation-2021.

Arbitrator – Experienced, Independent and Accredited at Reasonable Fee Rate 

David is an experienced, independent and accredited arbitrator, with good availability and reasonable hourly fee rates.

He has been accredited by the ADR Institute as Canada as a Qualified Arbitrator (Q.Arb). He accepts appointments as a commercial arbitrator, business arbitrator, construction arbitrator (not interim payments adjudicator), technology arbitrator, employment arbitrator and as a marine arbitrator.  at reasonable hourly rates and with good availability.

David has acted as counsel in both domestic and international arbitration, including institutional and ad hoc arbitration.

David is a member of the Toronto Commercial Arbitration Society, and has successfully completed their Gold Standard Course in Commercial Arbitration. He is also a Full Member of the ADR Institute of Ontario. David has completed the Foundations in Judicial Competencies Series, and has been granted a Certificate of Completion by the Ontario Bar Association.

David appears on the arbitrating member Rosters and Directories of: Directory of ADR Institute of Ontario Dispute Resolution Professionals; TCAS Directory of Member Arbitrators; Ontario Bar Association Remote Arbitrators Member Directory; and the Roster of Gilbertson Davis LLP Arbitration and Mediation Chambers. David’s complete membership of Arbitrator Rosters can be viewed here.

The Ontario Superior Court of Justice has appointed David Alderson as sole arbitrator in commercial arbitrations.

For enquiries about appointment, and for a draft Terms of Appointment, please contact the Intake Coordinator or Arbitrator’s Assistant at Gilbertson Davis LLP Arbitration Chambers on 416 979 2020, ext 238, by email on info@gilbertsondavis.com or using the online Contact Box.


Brief informational summaries about insurance litigation, commercial litigation and family law litigation matters in the courts of Ontario and Canada are periodically published on our website. Please note that our website content is for informational purposes only, and should not be construed or relied upon to provide legal advice. If you require legal advice, please request an initial consultation with Gilbertson Davis LLP using the Request Consultation Form on this webpage or by contacting our Intake Coordinator on (416) 979-2020, ext. 223 (both subject to the Terms of Use described on our Contact page).

About the Author

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

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and Mediator, has practiced over 38 years as a commercial and business litigator in diverse matters in the courts and in domestic and international arbitration proceedings in Ontario, England & Wales, Bermuda and Dubai. Also admitted in New York. The ADR Institute of Canada has accredited David as a Qualified Arbitrator. He accepts appointment as a commercial, business, construction, real estate, condo, technology, franchise, employment and marine arbitrator and mediator Bio | Lawyer | Arbitrator | Mediator | Contact

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