Sole Arbitrator:

• Dispute between participant corporations in a joint venture regarding entitlement to allocation of funds for profit and expenses regarding development of a condominium project. Award date – February 15, 2018.
• Dispute between parties to a Unanimous Shareholder Agreement with respect to the resignation of a party of the Agreement which triggered a clause in the Agreement to require the remaining participants to buy the shares at fair market value. The dispute centered on the valuation of the shares. Award date – June 20, 2018, Costs Award – August 9, 2018.
• Dispute between a transportation services company and a corporation carrying on business in Alberta’s oil sands using the services of the transportation services company with respect to how payment for services are calculated and billed, whether funds are owing, and determinations regarding notice of termination and funds owing as a result thereof. Award date – December 7, 2018.
• Dispute of Claim by Contractor to City regarding entitlement to Change Order on account of substantial difference in subsurface conditions and Damages on account of delay by City in approval of alternate design. Interim Award – August 13, 2012; Final Award – April 22, 2013.
• Various arbitrations that settled prior to hearing date.
• Currently ongoing:
Dispute between Contractor and Power Corporation regarding issues of delay, costs because of delay, and additional amounts owing in respect of work performed by the Contractor (demolition and installation of the turbine island mechanical equipment of a Power Station).

Arbitrator on Panel:

• Determination of whether one party met or breached their duty of care to meet applicable industry codes for supplied product design and response to requests for information and whether other party properly mitigated its claimed damages and losses – Award date – September 7, 2012.
• Disputes between parties to a Power Purchase Arrangement regarding the interpretation and application of certain articles of the Arrangement. Consent Award issued January 2018 – matter settled between the parties.
• Currently ongoing:
Dispute between Engineer and the Owner of a steam-assisted gravity drainage bitumen recovery project regarding contracts made between them wherein the Engineer was to provide equipment, materials, labour and on-site services for the construction and commissioning of an evaporator system.

Counsel to Client on Arbitration:

• Acted for an industrial engineering and construction contractor regarding a dispute with its subcontractor. The result of a successful appeal to the Court of Appeal in Saskatchewan compelled the stay of a Saskatchewan Queen’s Bench action with respect to matters submitted to arbitration pursuant to s. 9 of The International Commercial Arbitration Act – November, 1994.
• Acted for a pipeline company (contractor) in an Arbitration regarding a claim by the contractor for payment – March, 2000. Award in favour of the contractor.
• Acted for Engineering Firm in ICCA Arbitration held in Paris, France. Arbitration Award in favour of Engineering Firm – 2000.
• Acted for Dacro Industries Ltd. in an Arbitration and later appeal to Alberta Court of Queen’s Bench and Alberta Court of Appeal: Dacro Industries Ltd. v. Lombard General Insurance Company of Canada, 2003 ABCA 141.
• Acted for Petrochemical Plant Owner in dispute with their insurers over coverage for production losses. Arbitration proceedings held in London, England. Arbitration Award in favour of owners/operators – Partial Award June 30, 2009, Quantum Award March 24, 2010, Revised Addendum to Quantum Award April 27, 2010.
• Acted for owner/operator of a mine in dispute with one of their contractors with whom they had a lump sum contract. The contractor’s claim was for damages in respect of delay of performance of its work. Arbitration Award in favour of owner/operator – March 19, 2012.
• Acted for the owner of a cement grinding facility in dispute with their electrical work contractor. The contractor’s claim was for damages in respect of delay. Arbitration Award in favour of owner – January 29, 2019.
• Acted for building contractor in dispute with Alberta Infrastructure. The contractors claim was in respect of late site turnover, design errors, lack of as-built drawings and slow responses to request for information. Arbitration Award in favour of contractor – January 7, 2019.
• Final Offer Arbitrations under the Canada Transportation Act: Acted for parties in approximately 20 Final Offer Arbitrations.