Arbitration Appeals:  the Good, the Bad and the Ugly

Friday October 16 , 2020  1:30 - 3 pm ET

(NOTE: This session has been rescheduled from August 27 to October 16.)

Register Now! (Deadline to register is October 14, 11:59 pm ET)

Chair: Bill Horton, C.Arb, FCIArb, William G. Horton Corporation

Hon. Clément Gascon, Woods LLP
Alexander Gay, Justice Canada
Ludmila B. Herbst, QC, Farris LLP
Sabri Shawa, QC, FCIArb, JSS Barristers

• Supreme Court of Canada jurisprudence and the effect of Vavilov on arbitration appeals
• Recent reforms to arbitration appeals in British Columbia
• Is “leave to appeal” a useful mechanism to limit or expand rights of appeal?
• The boundaries between setting aside and appealing awards
• Arbitration appeals in matters involving the federal government
• Arbitration appeals in Ontario

 

Download the Flyer: Arbitration Appeals - the Good, the Bad and the Ugly

 

William G. Horton, C.Arb, FCIArb, William G. Horton Corporation

Bill Horton is an arbitrator and mediator of Canadian and international business disputes. His practice is based in Toronto. His arbitrations and mediations been conducted there and in numerous other Canadian and international venues.

 

 

Hon. Clément Gascon, Woods LLP

The Honourable Clément Gascon, a former Justice of the Supreme Court of Canada, joined Woods as Senior Counsel in the Spring of 2020. After a career of more than seventeen years in the Canadian judiciary, he returned to the private practice of law, which he had left in 2002. He uses his in-depth expertise and experience to guide and assist parties and their counsel in resolving disputes through arbitration at the national and international levels and acts as strategic advisor in the insolvency, restructuring and litigation matters of the firm.

Admitted to the Quebec Bar in 1982, he worked for twenty years in the fields of civil and commercial litigation and labour law in a national firm and earned a solid reputation as an efficient, well-prepared, and very involved counsel. While working as a lawyer, he taught business law, labour law and construction law at the Université du Québec à Montréal, the McGill University Faculty of Law and the Barreau du Québec.

He was appointed to the Quebec Superior Court in October 2002.  While on that court, he sat regularly as a member of the Commercial Division and acted as the Division's coordinating judge from 2008 to 2011.  This Division hears all commercial law cases, including restructurings under the Companies' Creditors Arrangement Act, proceedings under the Bankruptcy and Insolvency Act and disputes between shareholders. He was appointed to the Quebec Court of Appeal in April 2012, and to the Supreme Court of Canada in June 2014. During his years at the Supreme Court, he notably acted as the Court’s representative within the international organization regrouping the supreme courts of the member states of the Francophonie.

During his judicial career, he maintained his involvement in legal education for lawyers of many provincial bars as well as for law students, particularly in matters relating to written and oral advocacy, commercial litigation and insolvency and restructuring. He has also regularly participated as speaker in continuing legal education seminars for judges on commercial law, class actions and judgment writing.

 

Alexander Gay, Justice Canada

Alexander M. Gay is General Counsel at the Department of Justice. He maintains a broad civil litigation practice, with an emphasis on commercial and trade disputes. Mr Gay has appeared before all levels of court in Ontario, Alberta and British Columbia as well as the Supreme Court of Canada. He has represented clients in arbitration, mediation and before regulatory tribunals and boards, including the Ontario Energy Board (OEB), the Canadian Human Rights Tribunal (CHRT), the Canadian International Trade Tribunal (CITT), the Alberta Securities Commission (ASC), the Environment Canada Board of Review, the Public Service Labour Relations Board (PSLRB) and the Competition Tribunal. Mr Gay has also acted for senior public officials from the Government of Canada, including Deputy Ministers and Ministers. Mr Gay has acted as counsel to the Canadian Radio-television Telecommunications Commission (CRTC), the Patented Medicines Review Board (PMRB), Farm Products Council of Canada (FPCC) and various other federal regulatory bodies. Mr Gay is an adjunct professor at the University of Ottawa (Faculty of Law), where he teaches civil litigation and commercial arbitration. He is the author of the Annotated Arbitration Act of Ontario, 1991, the Annotated Ontario Arbitration Legislation - Arbitration Act, 1991 and International Commercial Arbitration Act, 2017, British Columbia's International Arbitration Legislation as well as numerous chapters and articles on a wide range of topics. He is a member of the Ontario, Alberta and British Columbia bars.

 

Ludmila B. Herbst, QC, Farris LLP

Ludmila is a partner at Farris LLP.  She is a Vancouver-based litigator who has represented clients in corporate, commercial, energy-related and public law cases before all levels of court in British Columbia, the Supreme Court of Canada, arbitral tribunals, and administrative tribunals including the British Columbia Utilities Commission.  She frequently presents at conferences and publishes on issues pertaining to her practice. She is one of the two co-authors of Commercial Arbitration in Canada: A Guide to Domestic and International Arbitrations, a leading text on arbitration law that has been cited by trial and appellate courts across Canada. Ludmila is also the assistant editor of, and a regular contributor to, the Advocate, a legal journal circulated to all lawyers in British Columbia with a readership throughout the Commonwealth.

 

Sabri Shawa, QC, FCIArb, JSS Barristers

In the nearly three decades Sabri has practiced law in Calgary, he has represented and advised thousands of parties in matters before the courts, a wide variety of administrative and regulatory boards and tribunals, at arbitrations, and in mediations. He is also an arbitrator, mediator and negotiator.

In 2012, Sabri was appointed Queen’s Counsel.

In 2014, Sabri was admitted as a Fellow of the Chartered Institute of Arbitrators, an internationally recognized dispute resolution organization. Sabri is also on the executive board of the Canadian branch of the Institute and the chairperson of its Alberta chapter.

Sabri has long been listed by Best Lawyers and was named by it as Lawyer of the Year in Calgary for 2020 for Alternative Dispute Resolution. He is also listed as a Litigation Star by Benchmark Canada for arbitration and dispute resolution, among other things, and has been for many years.

Sabri is a member of the Western Canada Commercial Arbitration Society and a Fellow of the Litigation Counsel of America.

 

Professional Development Accreditation:

• ADRIC designation holders earn 3 Continuing Education & Engagement (CEE) points
• CPD accreditation received to date for this webinar (pending from other Law Societies across Canada):
  • Law Society of British Columbia: 1.5 hours
  • Law Society of New Brunswick: 1.5 hours
  • Law Society of Saskatchewan: 1.5 hours

 

Register Now!