Alternative Dispute Resolution

Arbitration

As counsel, our lawyers regularly act for clients in major domestic and international arbitrations across Canada and abroad in institutional and ad hoc settings, drawing on our deep bench strength in construction, infrastructure and commercial arbitration. Our team brings highly specialized expertise to bear to tackle some of the most complicated disputes in North America.

Our lawyers have acted for Canadian and international clients in respect of complex disputes spanning multiple jurisdictions, and are familiar with applicable international arbitration legislative frameworks. We are experienced with the relevant institutional regimes, including those of administering bodies such as the International Chamber of Commerce (ICC), the Chartered Institute of Arbitrators, the LCIA and others, as well as the applicable institutional rules. We have also acted in ad hoc international arbitrations.

Bruce Reynolds, Sharon Vogel, Nicholas Reynolds, and Lauren Gruenberger contributed the Canada Arbitration chapter in Lexology’s Getting the Deal Through. This publication contains expert local insight into arbitration laws and institutions worldwide, providing essential ‘need to know’ answers to the fundamental questions facing corporations and counsel. Topics covered include the entire life cycle of an arbitration, from the drafting of arbitration clauses and agreements through to the enforcement of awards in local courts. The guide deals with: laws and institutions, arbitration agreements, the constitution and jurisdiction of arbitral tribunals, arbitral proceedings, interim measures, awards, and subsequent proceedings such as appeals and set aside applications. The Canada Arbitration chapter is available here: 2022-Arbitration-Canada. Bruce Reynolds, Sharon Vogel, and Nicholas Reynolds also provide a comprehensive overview of international arbitration in Canada as part of Legal 500’s Country Comparative Guide series. This country-specific Q&A provides an overview of International Arbitration laws and regulations in Canada. The guide is available here: Legal 500 – Canada – International Arbitration.

Arbitrators

A number of our lawyers are qualified arbitrators who participate as sole arbitrators and members of panels both domestically and internationally: Bruce Reynolds, Sharon Vogel, John Singleton, Stuart Hankinson, and Nicholas Reynolds.

Mediators

As mediators, we facilitate negotiations between parties in order to encourage resolution and avoid ongoing conflict. Our mediators bring significant industry experience assisting in the resolution of disputes in the construction, infrastructure and insurance industries:  Bruce Reynolds, Sharon Vogel, John Singleton and Stuart Hankinson.

Adjudication

One of the most troubling challenges to a construction project is delay and, in particular, protracted dispute resolution. As adjudicators, our lawyers are tasked with making prompt decisions on course-of-construction issues so that schedules and completion dates are maintained, and so that the parties are able to focus on the core objective – completing the project.

Our lawyers are thoroughly familiar with Canadian adjudication regimes, having played a central role in creating Canada’s legislative framework for statutory adjudication. Bruce Reynolds and Sharon Vogel have co-authored independent expert reports for the Ontario and Federal governments that have formed the basis for introducing statutory adjudication. As the authors of these reports, Bruce Reynolds and Sharon Vogel have developed a deep understanding of industry issues and norms associated with prompt payment and dispute resolution. As a result, we offer not only unparalleled expertise in construction law and adjudication, but we also have extensive familiarity with the construction industry in general.

Dispute Resolution Boards

As members of Dispute Resolution Boards (DRB), we are briefed on both technical and financial issues as they arise for immediate resolution or, sometimes for a full hearing on the issues after the project is complete.

Fairness Monitoring

We have served as fairness monitor on over ninety major infrastructure projects in the past fifteen years, bringing assurance that the procurement process is fair, transparent and unbiased. Proponents who engage a fairness monitor can avoid costly challenges and delays, and also demonstrate a commitment to best practices in the procurement process.