10 LEXPERT
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2017
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WWW.LEXPERT.CA
Chadwick, Robert J. Goodmans LLP
(416) 597-4285 rchadwick@goodmans.ca
Mr. Chadwick focuses on corporate, banking, private equity, insolvency,
reorganizations and related litigation and M&A on national, cross-border and
international matters. He represents a diverse client group including debtors,
monitors, noteholders, industry regulators, governments, private equity firms,
lenders and investor committees in major restructurings across Canada's
major industry sectors.
Carr, Brian R. Thorsteinssons LLP
(416) 855-6549 bcarr@thor.ca
Mr. Carr has extensive experience in a wide variety of corporate tax issues
with special emphasis on resource taxation, tax litigation and corporate
reorganizations. He is a former Chair of the Canadian Tax Foundation, a Past-
Chair of the National Taxation Law Section of the Canadian Bar Association
and former co-Chair and Member of the CBA/CICA Joint Committee
on Taxation.
Carfagnini, Jay A. Goodmans LLP
(416) 597-4107 jcarfagnini@goodmans.ca
Mr. Carfagnini heads Goodmans' Corporate Restructuring Group, which has
been widely recognized for many years as the top restructuring practice in
Canada. Since 2005, Who's Who International has recognized him as one
of the top 10 Most Highly Regarded restructuring lawyers worldwide, and
Euromoney's Best of the Best 2017 recognizes him as one of the top 30
insolvency/restructuring lawyers worldwide.
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 and commercial activity, mergers and acquisitions, liability
of professional advisors, shareholder and partnership disputes, director
and officer litigation. He is a Fellow of IATL.
Campion, John A. Gardiner Roberts LLP
(416) 865-6697 jcampion@grllp.com
Mr. Campion: JD(Tor), FCIArb, Med(Harv) is recognized by Lexpert among
the top 25 Canadian litigators nationally and internationally as a trial, class
action and appellate barrister in provincial and federal courts and tribunals
across Canada, including SCC, and as an arbitrator and mediator in over 300
reported decisions in significant commercial, energy, securities, competition,
consumer and human rights.
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 Upper Canada as a Specialist in IP Law and Civil Litigation.
LEXPERT-RANKED LAWYERS
maybe define exactly the standard of review in
the clause itself, and maybe say we should have an
appeal on a mixed question of fact and law," says
Sarabia. "If we decide to go with an appeal only
on a question of law, the client has to know that's
a very, very narrow right and probably effectively
eliminates an appeal."
Says acker: "e primary aim for parties
when they enter into an arbitration agreement
is finality and efficiency. For that reason, they're
probably not going to include rights of appeal.
But parties will have to be warned when enter-
ing into an arbitration provision, they are putting
their fates in the hands of a decision-maker who
can make a legally incorrect decision and it will
still be binding against them. My experience is
that, when deals are happening, the parties are
prepared to live with that risk."
"AN ARBITRATOR'S
DECISION DOESN'T HAVE
TO BE RIGHT; IT JUST
HAS TO BE REASONABLE.
AND THE REASON FOR
THAT IS THAT THE COURTS
WANT TO ENCOURAGE
ARBITRATION. IT'S A WAY
OF ENSURING THAT THE
PARTIES' INITIAL OBJECTIVE
OF HAVING FINALITY
IN AN ARBITRATION
IS GIVEN EFFECT."
Luis Sarabia; Davies Ward
Phillips & Vineberg LLP
you have a pure question of law."
e Teal ruling notes the difference between
the standard of review in civil litigation cases and
that in arbitration cases. "e identification of a
mixed question when appealing an arbitration
award defeats a court's appellate review jurisdic-
tion," said the high court. "In contrast, the iden-
tification of a mixed question when appealing a
civil litigation judgement merely raises the stan-
dard of review."
So will Teal impact how arbitration clauses are
written in future? Teal will require arbitration-
clause draers to be more careful and stipulate
the issues of appeal more clearly, says Sarabia.
"We used to just look at it and say, 'If you want
an appeal on a question of law, you'll be fine.' We
now need to be more clear about a question of law,
