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Gilbertson Davis LLP Arbitration Chambers
Real Estate Dispute Arbitrator
Property Dispute Arbitrator | Commercial Lease Dispute
Arbitrator | Commercial Lease Rent Arbitrator
Gift or Loan Arbitrator | Loan or Investment Arbitrator
Lease Renewal Arbitrator | New Home Pre Construction Arbitrator
David Alderson, LL.B, LL.M, Q.Arb
David Alderson is an experienced and qualified arbitrator. He has been appointed as arbitrator by the Ontario Superior Court of Justice to adjudicate property disputes.
David is a full member of the ADR Institute of Ontario and is in its arbitrating member’s directory, as well being a member of the Toronto Commercial Arbitration Society, where he appears on its Roster of Member Arbitrators. He hold an LL.B (Osgoode), LL.M (Lond.) and Q.Arb (ADR Institute of Canada). David has completed the Foundations in Judicial Competencies Series, and has been granted a Certificate of Completion by the Ontario Bar Association.
David is on the newly formed Member’s Roster for Remote Arbitration and Mediation Services, for the provision of remote Arbitration in a number of areas of dispute, including business disputes, real estate, condo and commercial leasing disputes, sale of goods, distribution and franchise disputes, management and agency disputes, contract disputes, transportation and logistics disputes, international and domestic commercial disputes and reinsurance disputes.
David has been involved as counsel in a wide variety of commercial arbitration matters, involving diverse issues, industries and subject matter, both here in Ontario and abroad. He often speaks at continuing education and other events, and writes, is interviewed and quoted in the legal press on topical arbitration subjects.
David has always encouraged and supported the use of arbitration as an alternative to traditional court-based dispute resolution as a both time and cost efficient alternative to traditional litigation. In pursuance of those considerations, David accepts appointments as a real estate and property arbitrator at a reasonable fee rate from $350 per hour, plus facilities and applicable taxes, He offers good availability for first meeting, and arbitration hearings.
Types of Property Arbitration
Property disputes comprise a wide variety of disputes and differences, including real estate arbitration, dispute about failure or refusal to close a purchase and sale agreement, including for pre-construction homes. Property arbitrators typically have jurisdiction, when the law of Ontario applies, to order a forced sale of property (specific performance) and the “rescission” (to undo a contract ) of purchase and sale, and even when the underlying contract or ownership of the subject property is impugned.
Commercial Leasing Arbitration
David has experience as an arbitrator commercial leasing arbitration and for adjudication of other use of land-based property disputes.
Commercial Leasing Arbitrator
One of the most common commercial lease arbitrations is lease renewal arbitration, both duration and rent. Typical commercial leasing arbitration references, and disputes which can be referred to David Alderson as a property arbitrator, include those set out below.
- Commercial Leasing Disputes
- Renewal & Termination
- Maintenance & Repair
- Rent Arbitration
- Lease Defaults
- Clause Interpretation
- Breach of Lease
- Use and Alterations
- Damage and Destruction
- Environmental Issues
- Commercial and Industrial
- Lease Renewal
Real Estate and Land-based Property Disputes Arbitrator
Common real estate disputes referred to arbitration include failed agreement of purchase and sale, refusal or inability to close sale of land, property or home, pre-construction sales, forced sale of property (specific performance) and rescission (undoing a contract). Other disputes may involve commission claims, development disputes, lending disputes, projects, project finance, use of land and property, or with brokers, agents, vendors, sellers and purchasers.
Property arbitration often includes this subject matter:
- Residential Property
- Condominium Corporation and Condo Unit Owners
- Recreational Property
- Cottages and Chalets
- Office and Shared Space
- Industrial Property
- Commercial Property
- Farm Property
- New Home Pre Construction
- Stadium, Arena and Event Space
- Retail Property
- Lease and License
- Shopping Mall Lease and License
- Fractional Ownership
- Estates and Trusts
- Agricultural Property
High Value Personal Property Arbitrator | Loan and Gift
Property arbitration can involve the issue of whether real estate or high-value personal property was the subject of a gift or loan, which often arises in the context of family or other relationships.
High value personal property such as art, fine art collections, jewelry and precious metals, industrial and commercial machine and equipment may be the subject of property arbitration.
Arbitrator’s Curriculum Vitae
Terms of Appointment are available on request.
Appointment and Availability Enquiries
To make appointment and availability enquiries about arbitrators and mediators, please contact the Gilbertson Davis LLP Arbitration and Mediation Chambers Intake Coordinator at (416) 979 2020, ext. 223 or by email at firstname.lastname@example.org
Hourly Rates: Fee rate on application: from $350.00 per hour, plus facilities and applicable taxes.