10 LEXPERT
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2018
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WWW.LEXPERT.CA
Carfagnini, Jay A. Goodmans LLP
(416) 597-4107 jcarfagnini@goodmans.ca
Mr. Carfagnini heads Goodmans' Corporate Restructuring Group. Particular
expertise in corporate reorganizations and transactions involving Canada,
the US and UK. Named Toronto Insolvency & Financial Restructuring Lawyer
of the Year in 2011 and 2019 by Best Lawyers in Canada. He is recognized as
one of the top 30 insolvency/restructuring lawyers worldwide by Euromoney's
Best of the Best.
Capern, Gordon D. Paliare Roland Rosenberg Rothstein LLP
(416) 646-4311 gordon.capern@paliareroland.com
Mr. Capern advises clients in resolution of disputes in many areas of
corporate & commercial activity, mergers & acquisitions, liability of
professional advisors, shareholder & partnership disputes, director & officer
litigation. He is a Fellow of IATL and the International Society of Barristers.
Campion, John A. Gardiner Roberts LLP
(416) 865-6697 jcampion@grllp.com
Lexpert®-ranked in the top 25 corporate commercial barristers in Canada,
Mr. Campion is a trial, class action, appellate & tribunal litigator, mediator
& arbitrator with over 35 years of appearances across Canada and the globe;
issues: securities, mining, transportation, energy, banking, tort, contracts,
governance and professional liability. He is an adjunct professor, Emeritus
Bencher and author.
Campbell, A. Neil McMillan LLP
(416) 865-7025 neil.campbell@mcmillan.ca
Dr. Campbell is one of Canada's pre-eminent competition lawyers.
His competition law practice focuses on merger clearances under the
Competition Act, representation in cartels, class actions and abuse of
dominance cases. He has represented clients before the Federal, Ontario
and BC courts, Competition Tribunal, Canadian International Trade Tribunal
and numerous regulatory/enforcement agencies.
Cameron, Donald M. Bereskin & Parr LLP
(416) 957-1171 dcameron@bereskinparr.com
Mr. Cameron's practice focuses on intellectual property (IP) litigation,
particularly relating to patent, trademark, copyright, trade secrets law and
technology licences. He has participated in IP litigation cases involving a
broad range of technologies and businesses, and he is certified by the Law
Society of Ontario as a Specialist in IP Law and Civil Litigation.
Callaghan, John E. Gowling WLG
(416) 369-6693 john.callaghan@gowlingwlg.com
Mr. Callaghan has a broad practice. He appears before all levels of courts
and tribunals. His expertise is often sought for complex cases and he has
been described as "unflappable" in his handling of the myriad of cases in
which he is involved.
LEXPERT-RANKED LAWYERS
arbitrator or panel of arbitrators. Unlike litigation,
arbitration is flexible. Parties agree on the structure
of the process and on the choice of arbitrator. And
unlike litigation, the vast majority of cases are pri-
vate, off limits to the media and members of the
public. ere is no central registry where details
such as transcripts and outcomes are recorded.
For that reason, it's difficult to know with
any clarity how quickly arbitration has grown
or whether most clients are satisfied with the re-
sults. "ere's only anecdotal evidence about the
number of disputes handled by arbitration," says
Bradley Berg, Practice Group Leader for Litiga-
tion and Dispute Resolution at Blake, Cassels &
Graydon LLP in Toronto. He estimates that at
least a third of large commercial disputes go to ar-
bitration. "It's a significant proportion," says Berg,
who reckons about half his practice at Blakes is
arbitration cases.
Indeed, privacy is one of the main reasons par-
ties, especially businesses, favour arbitration. Ac-
cording to Horton, many clients are so focused
on the privacy aspect that they neglect to design a
process that takes advantage of the other benefits.
Not surprisingly, these kinds of arbitrations oen
end with neither side happy.
Privacy is a good thing, says Carol Hansell, Se-
nior Partner at Hansell LLP in Toronto. "ere are
many reasons why parties don't want their business
disputes aired in a public forum. In a commercial
context you certainly don't want to show the world
if you're running into some commercial problems,
give away trade secrets or show your financial re-
sults. From the parties' perspective it absolutely is
a good thing [to keep this information out of the
public spotlight] and that's why they oen choose
to arbitrate."
But because of the privacy, cases have no prece-
dential value. ey don't become part of the com-
mon law, allowing it to evolve and develop. Some
observers argue this can be construed as a nega-
tive consequence, but at the same time they ac-
knowledge it must be weighed against the needs
of disputants, who could clearly suffer damage if
"THERE ARE MANY REASONS
WHY PARTIES DON'T WANT
THEIR BUSINESS DISPUTES
AIRED IN A PUBLIC FORUM.
IN A COMMERCIAL CONTEXT
YOU CERTAINLY DON'T WANT
TO SHOW THE WORLD IF YOU'RE
RUNNING INTO SOME COMMERCIAL
PROBLEMS, GIVE AWAY TRADE
SECRETS OR SHOW YOUR
FINANCIAL RESULTS."
CAROL HANSELL; HANSELL LLP
