Lexpert Special Editions

Special Edition on Litigation 2017

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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WWW.LEXPERT.CA | 2017 | LEXPERT 7 tween governments and companies. Arbitration is popular as an alternative to civil litigation for sev- eral reasons. It can be more efficient and therefore less expensive, and it is subject to confidentiality. One of the biggest reasons for arbitration's growing popularity, however, is the kind of final- ity that arbitration decisions provide, in contrast to the risk of drawn-out appeals in civil litigation cases. "It becomes pointless to choose the arbitral route," says Terry, "if you're simply going to end up going through several levels of court re-arguing the same issues." Appeals of arbitration awards "are not neces- sarily common," says Robert Deane, a partner at Borden Ladner Gervais LLP in Vancouver. "But if the outcome of the award is material to either party, then it's almost expected that there will be at least an application for leave to appeal. And I have not seen that phenomenon diminish in re- cent years at all." Lawrence acker, a partner at Lenczner Slaght Royce Smith Griffin LLP in Toronto, agrees. "Ap- peals are less frequent than in civil litigation cases, but attempts to change the outcome [of an arbi- tration] are probably as frequent or more frequent. Sometimes you have to use a non-appeal route," such as an application for judicial review. "In the end, arbitral awards are more final than court awards because most of those other attempts to change the outcome don't succeed." e Teal case was decided under British Colum- bia's Arbitration Act, which is similar to statutes of other provinces and the federal government that govern domestic commercial arbitration. Provin- cial statutes governing international commercial arbitration follow the UNCITRAL Model Law on International Commercial Arbitration, either the 1995 or 2006 version. ere are no "appeals" of international arbitra- tion awards. However, there are limited grounds on which they can be "set aside." ose include matters of jurisdiction, matters of public policy and certain matters of procedural fairness. "It's not an appeal on the merits," explains Deane, "but on whether the arbitrator had jurisdiction to resolve the dispute, and if they did, whether they acted in a procedurally unfair manner or contrary to public policy." In Canadian domestic arbitration, awards can be appealed but only on points of law. Awards can- not be appealed on points of fact. In Teal, the two grounds cited in the application for leave to appeal were the arbitrator's alleged failure to identify the applicable principles of contractual interpretation; and an alleged error in the interpretation of a stat- ute that governs the disposition of the commercial arbitration. (In Teal, the parties were governed by arbitration rules set out in a BC statute called the Forestry Revitalization Act.) Block, QC, Randall W. Borden Ladner Gervais LLP (403) 232-9572 rblock@blg.com Mr. Block, QC, specializes in all forms of dispute resolution in the energy/oil & gas industries, including regulatory proceedings, litigation and arbitration. He has appeared before the Alberta Court of Queen's Bench, Alberta Court of Appeal, Supreme Court of Canada, Alberta Utilities Commission, Alberta Energy Regulator, National Energy Board and various arbitral panels. He is an ACTL Fellow. Bjorkquist, Sonia L. Osler, Hoskin & Harcourt LLP (416) 862-5876 sbjorkquist@osler.com Ms. Bjorkquist defends companies in class actions, commercial arbitration and other complex litigation, including disputes involving product liability, director/officer liability and business-critical issues relating to commercial agreements. She is Chair of Osler's National Litigation group, and President of the Advocates' Society. Bishop, David C. Gowling WLG (403) 298-1941 david.bishop@gowlingwlg.com Mr. Bishop practises corporate/commercial litigation with an emphasis on directors' and officers' defence, product liability, professional liability disputes, shareholder disputes, class actions, large property claims and environmental litigation. Binnie, CC, QC, Ian Lenczner Slaght Royce Smith Griffin LLP (416) 865-3737 ibinnie@litigate.com The Honourable Mr. Binnie served for nearly 14 years as a Justice of the Supreme Court of Canada. He draws on his judicial insights and courtroom experience acquired over 30 years as one of Canada's top litigators. He is regularly consulted by governments and private parties on a range of private and public law issues, and carries on an active practice as a domestic and international arbitrator. Bienvenu, AdE, Pierre Norton Rose Fulbright Canada LLP (514) 847-4452 pierre.bienvenu@nortonrosefulbright.com Mr. Bienvenu practises international arbitration, commercial litigation and constitutional law representing government bodies, corporations and individuals before the Supreme Court of Canada in a range of constitutional and commercial law disputes. Bertrand, AdE, Jean G. Norton Rose Fulbright Canada LLP (514) 847-4401 jean.bertrand@nortonrosefulbright.com Mr. Bertrand focuses on corporate and commercial litigation, class actions, arbitration and administrative law including competition, transportation, international trade and energy. He is a Fellow of the American College of Trial Lawyers. LEXPERT-RANKED LAWYERS

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