Arbitration and Mediation

Alternative dispute resolution is a key method for resolving business disputes. Our lawyers view arbitration and mediation as central dispute-resolution disciplines, and appreciate both the similarities and differences they have with litigation in the civil courts.

We have broad experience with domestic and international arbitration in all forms and in a broad range of industries, including automotive, aviation, construction and infrastructure, energy, finance, insurance, investment, partnership and shareholder disputes, telecommunications and transportation. This includes experience with ad hoc arbitrations, as well as arbitrations under the rules of the leading Canadian and international arbitral institutions.

We also have extensive experience in arbitration-related court proceedings, including stay/referral motions, appointment and removal of arbitrators, interim measures, jurisdictional challenges, challenges to and appeals from arbitral awards, and recognition and enforcement proceedings.

Representative Mandates

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Successfully Enforced Option to Purchase Land in Ground Lease

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Successfully obtained specific performance of shares in a shareholder arbitration concerning the development of an international cannabis project

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International arbitration concerning alleged breaches of a patent licensing agreement

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Arbitration defending $450 million claim arising out of construction of a hydro-electric generation project

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Armour v. De Groot

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Evans v Mattamy Homes Limited 2019 ONSC 3883

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Wang v Mattamy Corporation

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Counsel to Canada Bread Company Limited in Appeal of Arbitral Award

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Commercial Arbitration, Anti-bribery

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Successfully represented a commercial landlord in a dispute with an anchor tenant over the appropriate rent for a renewal period

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Successfully obtained a $12 million dollar arbitral award on behalf of a major pharmaceutical distribution company after a 10-day private arbitration

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Successfully represented a group of school bus companies in a multi-million dollar arbitration over damages for past breaches of contract and to set the terms of a future contract

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Represented the respondent in an arbitration concerning alleged breaches of warranties relating to the sale of a $100 million business

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Successfully represented a land developer in a contractual dispute over the terms of a joint venture agreement

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2293611 Ontario Inc. v. Jsegal Holdings Limited, 2016 ONSC 7577

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Acting for a group of companies in an arbitration to set the terms of a contract with their primary customer

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Successfully represented an industry association in an arbitration over the terms of its contract with several of Canada’s major cable services providers

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Qikiqtani Intui Association v. Baffinland Iron Mines Corporation

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Counsel to the claimants in an arbitration seeking payment of an earn-out under a purchase agreement

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Negotiated a favourable settlement of a partnership dispute and alleged oppression claim on behalf of an individual director and office of a privately held corporation

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Negotiated a favourable settlement of an alleged breach of a distribution contract on behalf of a national building and supply company

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Success at arbitration and agreements to agree

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Successfully represented a developer in a dispute with a co-developer over the interpretation of a cost sharing agreement and ownership of properties in the community development

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Jean Estate et al. v. Wires Jolley LLP (2010), 324 D.L.R. (4th) 140, 2010 ONSC 4835