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Monday, 11 May 2015 08:00

The new normal - Part 2

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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2015_May_Arbit.jpgThe Top 10 Arbitration chambers and Top 5 Aboriginal law boutiques

The reason so many judges are continuing to work as arbitrators after stepping down from the bench, is that after a lifetime in the law, “you can’t just turn it off like a tap,” says former Supreme Court of Canada justice Ian Binnie. Instead, “you kind of go into a slow fade,” he jokes.

Far from fading, Binnie is one of a number of former senior judges and prominent lawyers who are now active in the increasingly competitive arbitration and mediation sector. Binnie is a member arbitrator at Arbitration Place in Toronto, along with a number of other leading legal practitioners, including former chief justice of Ontario Warren Winkler, associate chief justice Dennis O’Connor, and Court of Appeal justice Robert Armstrong. Former SCC judges, Michel Bastarache and Jack Major are at ADR Chambers, as is former Ontario chief justice Roy McMurtry.

The high-profile roster likely helps explain why these firms were among those selected as the top 10 arbitration chambers in Canadian Lawyer’s readers survey. A record number of responses were submitted to select the top arbitration chambers and aboriginal and personal injury law boutiques.

The top arbitration firms ranged from operations with large rosters of lawyers to small ones such as AR Group in Toronto. Guy Jones and Shari Novick offer mediation and arbitration services primarily in the areas of personal injury and employment law. “It is important to find a niche,” says Jones, whose past experience includes time spent as the director of litigation for the City of Toronto.

There have been a number of new entrants into the field in the past five years and it is becoming more competitive, Jones suggests. “You can’t rest on your laurels,” he adds. While the ongoing backlog in the civil courts may mean more potential litigants are looking for alternative solutions, it doesn’t mean a reduction in expectations. “They want quick decisions. You have to provide a good service,” says Jones.

For Binnie, who went straight from private practice to the Supreme Court, the crowded ADR field is not that different a concept from when he was first on Bay Street. “It is a more dignified system of entrepreneurial justice,” says Binnie. Speaking to Canadian Lawyer the day before he was scheduled to fly to Singapore to arbitrate a dispute, Binnie says increasingly, there are international opportunities for Canadian arbitrators. “It is a chance to put Canada on the map,” he says.

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2015_May_Abor.jpgAnother area of the profession where the practice is growing and constantly evolving is in aboriginal law. For the first time, Canadian Lawyer readers were asked to pick the top aboriginal law boutiques. The five firms selected are based in a number of different provinces.

Jean Teillet, a partner at Pape Salter Teillet LLP, says it is still a much smaller field than other legal areas, but the scope of the work is changing. “For 20-plus years, what we were doing almost exclusively was trying to negotiate or litigate some kind of recognition,” says Teillet, a founder of the Métis Nation of Ontario. “The idea that there could be equity partnerships was not even on the table,” she recalls. As a result of a number of Supreme Court decisions over the years, “those doors are now open. That litigation has changed the landscape.”

Pape Salter has offices in Vancouver and Toronto and it is not uncommon for aboriginal law boutiques to have an association with a lawyer in another province. Victoria-based Devlin Gailus Westaway Law Corp., also has an office in Ottawa, headed by a former lawyer for the federal government. The practice of aboriginal law is now very much negotiation-based, says Christopher Devlin. “A significant amount of the practice is negotiation of claims and economic opportunities,” he says. While the discussions with governments are always civil, “it takes place at a brutally slow pace,” says Devlin.

For a firm to stand out in this area “a personal touch,” is essential, he says. “You have to be in the communities. Trust is so important.”

The length of time for a case to make it through the courts or for an agreement to be negotiated between a government and First Nations can be a financial stress on a boutique firm. Maurice Law in Calgary has tried to find a way to deal with this form of “access-to-justice issue,” by entering into an arrangement with an insurance firm. If there has been an independent review of the possible litigation and it is found to have merit, there is funding similar to a “line of credit,” explains Ron Maurice, senior partner at Maurice Law.

His firm focuses on specific land claims and unfulfilled treaty obligations, many of which involve territory that was “surrendered” to the federal government in deals signed in the early 1900s, under the pretext the land was being under-utilized. “About 25 per cent [of First Nations land] was surrendered back to the Crown,” during Sir Wilfrid Laurier’s tenure as prime minister says Maurice, often in deals tied to land speculators with ties to the federal government. The firm’s most successful negotiation to date was a $130-million agreement reached with the federal government on behalf of the Cote First Nation in Saskatchewan. The settlement involved 15,000 acres of reserve land surrendered in 1905.

While this area of the law has grown to the point that some firms specialize, Montreal-based Dionne Schulze is a “full service firm” for its aboriginal clients. Enforcing treaty rights, interpreting statutes as they apply to First Nations and providing specialized services to individual bands, are all part of the practice, says David Schulze. He describes the firm’s clients as being similar to “small governments” and as a result, they require a wide range of legal services. One example was a class action over the application on reserves of a provincial fuel tax. Schulze acted for the chief of the Assembly of First Nations of Quebec and Labrador, in a $27-million settlement reached in 2011.

The following are the Canadian Lawyer's top 10 Arbitration chambers and top 5 Aboriginal law boutiques in alphabetical order.

The Top 10 Arbitration chambers

ADR Chambers
Toronto
adrchambers.com

ADR Chambers was founded in 1995 and says it is now the largest private alternative dispute company in the world. Over the last two years, ADR Chambers has administered more than 15,000 arbitrations and 20,000 mediations. ADR Chambers has more than 50 neutrals who conduct arbitrations and mediations across Canada and internationally. It has its own set of regular arbitration rules, and a set of streamlined expedited arbitration rules for those who prefer a faster, less expensive arbitration.

“ADR Chambers provides excellent service and works hard with both parties to accomplish an acceptable resolution.”

Amicus Chambers
Toronto
amicuschambers.com

Earlier this year, Neeson Arbitration evolved into Amicus Chambers. It is a collaborative group of retired judges of the Ontario Superior Court — Colin L. Campbell, J. Douglas Cunningham, Lee K. Ferrier, John (Jack) D. Ground, and Susan E. Greer.  They offer extensive judicial experience in mediation, arbitration, and case management. Their independent practices create distinctive and innovative methods of dispute resolution of complex matters efficiently, effectively, and through all levels of the process, from evaluative, interest-based neutral mediation to adjudicative arbitration.

Recommended for its “experienced ADR specialists” and “great service and surroundings.”

Arbitration Place
Toronto
arbitrationplace.com

Arbitration Place continues to grow and is now home to 22 resident and member arbitrators, including Warren K. Winkler, Robert P. Armstrong, and Louise Barrington. It was recently recognized as the sevent ranked international arbitration facility in the world, and founder Kimberley Stewart and her team are continuing their push to put Toronto on the international arbitration map. Domestically, Arbitration Place has become a hub for ADR activity, even expanding its facilities to accommodate the growing demand. Among the services offered at its Bay Adelaide Centre headquarters are on-site court reporting for examinations and discoveries, simultaneous translation, and concierge services.

Recommended for its “quality and depth of arbitrators.”

AR Group Inc.
Toronto
argroupinc.com

AR Group was formed in 2000 as a boutique arbitration and mediation firm providing dispute resolution services in the personal injury field. Its initial areas of focus included tort, accident benefits, and LTD claims. When Shari Novick joined founding member Guy Jones in 2001, the firm expanded its focus to include similar services in the field of labour and employment law. Jones and Novick have each conducted thousands of mediations, and have also been very active in providing arbitration services, primarily between insurers. Jones states that the firm’s success has been based on the principle of attempting to resolve disputes in a quick and cost effective manner.

“They listen to everyone and give everyone an opportunity to speak and voice their opinion.”

Bay Street Chambers
Toronto
baystreetchambers.com

Bay Street Chambers was founded in July 2012 by J. Brian Casey and Janet Mills, senior barristers practising as arbitrators and mediators in international and domestic commercial disputes. Casey’s 37 years in practice includes a stint as head of the Baker & McKenzie disputes group in Canada, while Mills practised commercial litigation for 17 years before sitting as a registrar in bankruptcy. Supported by a case manager, each member practises independently.

“Excellence in the delivery of high quality, timely, and cost-effective arbitral expertise and services.”

British Columbia International Commercial Arbitration Centre
Vancouver
bcicac.com

Founded off the back of Vancouver’s hosting of Expo ’86, the centre was initially a joint project of the federal and provincial governments. Since then, it has morphed into a non-profit society providing “competent, consistent, and fiscally responsible” alternative dispute resolution services, according to Patrick Williams, president of the board of directors. While almost half of the centre’s 114 panellists are international, domestic arbitrations are also addressed, and 2014 was once more one of the busiest years since formation. It is also the registry for the Woodlands School abuse claims.

“They take the time to do things right,” said one voter who gave the centre top marks.

Canadian Commercial Arbitration Centre
Montreal, Quebec City
ccac-adr.org

This non-profit organization was formed in 1986 to act as an independent manager of private, public, and para-public alternative dispute resolution programs. It pairs up clients with more than 50 mediators and arbitrators, drawn from various professional backgrounds, ensuring, throughout the process, “that procedural acts, proceedings, and choice of arbitrators, in view of costs and time, are proportionate to the nature and purpose of the claim and its level of complexity,” according to president Michel Jeanniot.

“Settle cases all the time,” said one voter who put the CCAC in top spot.

Global Resolutions
Toronto
globalresolutions.com

Global Resolutions was founded in 1996 by Paul Torrie. Its panel consists of 12 members who specialize in mediating multi-party, multi-faceted cases in commercial, insurance, and estate matters. Global has been involved in the resolution of class actions and mass torts covering land claims, business interruption, financial services, E. coli outbreaks, sexual assault, and product liability. The recent additions of Kathleen Urdahl, Ted Ayers, and Leanne Andree have expanded its expertise in municipal liability and long-term disability.

Voters gave them top marks for “excellent mediation style, excellent results.”

JAMS
Toronto
jamsadr.com/jams-toronto

International dispute resolution giant JAMS entered the Canadian market in 2012 as part of an international expansion that has taken the company to a total of 30 locations around the world. Seven of JAMS 300-plus neutrals are based in Canada’s largest city, including former Federal Court of Appeal justices Edgar Sexton and Judith Snider and former CRTC chairman Konrad von Finckenstein. The practice focuses on complex, multi-party disputes and specializes in energy, intellectual property, and business/commercial matters. The 7,000-square-foot facility in downtown Toronto includes nine conference and break-out rooms and a business centre for clients.

Voters recommended JAMS for “great client contact” and “reputation and success.”

YorkStreet Dispute Resolution Group Inc.
Toronto
yorkstreet.ca

Paul Iacono founded the YorkStreet group in 2003. Recently expanding to serve southwest Ontario, YorkStreet now consists of 16 expert panellists who cover dispute resolution in all practice areas. They are a diverse group, experienced and ADR trained, including former Ontario Superior Court justice Harvey Spiegel, former Ontario attorney general Charles Harnick, and former Grand Council chief John Beaucage, insurance executives, legal professionals, and chartered accountants. Their expertise covers insurance law, municipal, life/health, First Nations, IT, estates, forensic accounting, construction, commercial, and employment.

“Facility and staff provided setting conducive to settlement.”

The Top 5 Aboriginal law boutiques


Devlin Gailus Westaway Law Corp.
Victoria
dgwlaw.ca

Devlin Gailus Westaway focuses on providing a wide range of services to First Nations, Inuit, and Métis, as well as partners working with aboriginal interests in Canada. Its service areas include litigation, negotiation, economic development, and strategic advice respecting indigenous rights and interests. The firm was founded in 2005 by Christopher Devlin and John Gailus, two well-known and respected aboriginal law practitioners in Western Canada. In June 2014, they were joined by Cynthia Westaway, a lawyer practising out of Ottawa. Cynthia has worked within government and with national law firms with a focus on aboriginal law.

“Phenomenally versed in the law,” said one voter who put them at the top of the list.

Dionne Schulze s.e.n.c.
Montreal
dionneschulze.ca

Dionne Schulze provides legal advice and representation mainly to aboriginal governments, organizations, and individuals, in all areas of law. Dionne Schulze offers a wide range of legal services, from constitutional litigation to corporate and commercial transactions, including employment relations, governance, and environmental assessment. The two founding partners, Paul Dionne and David Schulze, have frequently been named among the best in their field. Its team consists of five lawyers who all share the same passion for a thoughtful, innovative, and high-quality practice of law. They are all bilingual and trained in both Quebec civil law and Canadian common law.

Recommended for “deep knowledge in their specialty.”

Maurice Law
Calgary, Saskatoon, Toronto, Ottawa
mauricelaw.com

Maurice Law is a boutique firm specializing in aboriginal law with a focus on land claims, treaty rights advocacy, and consultations with government and industry on commercial and industrial projects. With dedicated professionals in Calgary, Saskatoon, Toronto, and Ottawa, Maurice Law is the first — and only — aboriginal-owned national law firm in Canada. Chief Norman Whitehawk of Cote First Nation said: “The commitment and expertise of Maurice Law not only helped our Nation achieve one of the largest settlements ever in Canada but the legacy trust they designed will help generate wealth and jobs for our people for seven generations.”

“Very professional approach,” enthuses one voter.

Olthuis Kleer Townshend LLP
Toronto
oktlaw.com

Olthuis Kleer Townshend is considered a national leader in the field of aboriginal law and was formed in 2000. OKT is committed to working toward justice for Aboriginal Peoples and protection of the environment. Its 10 partners — John Olthuis, Nancy Kleer, Roger Townshend, Bob Rae, Kate Kempton, Bryce Edwards, Renée Pelletier, Maggie Wente, Lorraine Land, and Larry Innes — practise with 15 associates and seven support staff. OKT provides litigation, negotiation, and other legal support for First Nations regarding aboriginal rights, title, treaties, self-government, resource development, consultation, reserves, trusts, impact and benefit agreements, and corporate commercial matters.

“The firm is committed to creating social change to benefit the communities they work with.”

Pape Salter Teillet LLP
Vancouver, Toronto
pstlaw.ca

For more than 30 years, Pape Salter Teillet LLP has represented First Nations, Métis, and Inuit peoples in advancing their rights and interests through litigation, land claim negotiations, and self-government implementation. It is a 12-lawyer boutique firm with six partners in its two offices. It only represents aboriginal communities and governments and has clients throughout Canada. The firm is known for its advancement of key aboriginal rights litigation before all levels of courts as well as for its work on the negotiation and implementation of significant land, self-government, and economic partnership agreements on behalf of its aboriginal clients.

“I really enjoyed working with this firm and was really impressed with the strong connections the firm had with their clients. It was inspirational.”

To read Part 1: Top 10 Personal injury boutiques, click here.


Correction: Amount of settlement in class action involving the Assembly of First Nations of Quebec and Labrador.
Monday, 04 May 2015 08:01

What's next?

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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2015_May_CL_May_2015_cover.jpgLaw firms are broken.

For the profession’s long-term survival, the structure of the traditional partnership — and the traditional partner and law firm management mindset that goes along with that — need to be unpended. Call it NewLaw, call it LeanLaw, call it anything but the same old, same old.
Monday, 04 May 2015 08:00

The new normal - Part 1

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2015_May_PI.jpgThe Top 10 Personal injury boutiques

This year’s top personal injury boutiques boasts two new firms — BolandHowe and Litwiniuk & Co. — since the last survey in 2013. Firms from Ontario, British Columbia, and Alberta are represented in the top 10.
Monday, 04 May 2015 08:00

Getting there

Written by
Illustration: Huan Tran
Illustration: Huan Tran
A compassionate and moving ruling from a Toronto judge has focused attention on Gladue courts and other support mechanisms for aboriginal offenders, and of the progress, and lack of progress, since the landmark R. v. Gladue decision first came out.
Monday, 06 April 2015 08:00

Carving out a profile

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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2015_April_CL_Apr_15_Pg_01.jpgOn a cold February morning in Ottawa, the sidewalks and grounds in front of the Supreme Court of Canada building are almost empty. A single person is directing pedestrians who do walk by, to stop temporarily. Not for security reasons, but so a colleague can shovel snow and ice off the roof of a government building next door. That very Canadian inconvenience is one of the only signs of activity outside the courthouse. Inside the building, it is also relatively quiet, as the court was not sitting. The judges are working at crafting upcoming decisions and preparing to interview applicants the following week for coveted law clerk positions.
Monday, 02 March 2015 08:00

Light through the window

Written by
Illustration: Martin O'Neill
Illustration: Martin O'Neill
There were two casualties of the Canadian Judicial Council’s inquiry into Justice Lori Douglas. The first was Lori Douglas, by all accounts a competent and hard working associate chief justice of the Family Division of the Manitoba Court of Queen’s Bench. The other was the Canadian Judicial Council itself, which found itself battered and bruised in a four-year inquiry that turned the mirror on itself and its procedures.
Monday, 02 March 2015 08:00

Grey divorce is all about the math

Written by
Illustration: Jeannie Phan
Illustration: Jeannie Phan
A few years ago Steven Benmor found himself in divorce court representing an 82-year-old client seeking to end a long-term marriage. After decades of living with the same man, she was divorcing her abusive husband. “They had fought over the years but this time he hit her and she said ‘screw you’ and went to the police. He was arrested and removed from the home. The children came out of the dark to help her and took sides. That created the divorce,” he says.
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2015_February_CL_Feb_15_Pg_01.jpgOver an 11-week period, five lawyers from Borden Ladner Gervais LLP frequently found themselves sitting in a Montreal courtroom listening as the horrors of Concordia University student Lin Jun’s murder were recounted in grisly detail. They also watched as those horrors unfolded on screen in a video made by convicted murderer Luka Rocco Magnotta. When not sitting in court as counsel to the Lin family, the BLG team were meeting to review evidence — including the video — and discuss the case in detail. “It was hard to acknowledge this was real. We’re used to seeing violence on TV, but we know it’s fake. You need to reconcile that one human being did this to another,” says Amélie Gouin, an associate in BLG’s corporate commercial litigation group in Montreal.
Monday, 02 February 2015 08:00

These laws are the worst!

Written by
Illustration: Matt Daley
Illustration: Matt Daley
There is nothing quite like the silent beauty of snowflakes falling gently to the ground. Until, that is, carloads of snow begin to crash down. It’s a common enough sight in the Great White North, and male Nova Scotians should pack a shovel in their briefcases or knapsacks during the winter, because Mother Nature’s annually ordained dumps of the cold white stuff leads to some serious responsibilities, according to s. 34 of the provincial Public Highways Act. “All physically fit male persons between the ages of sixteen and sixty . . . are required to work with their shovels on the highways during the winter whenever the highways become impassable from snow.” A failure to comply can result in a maximum penalty of $10, or 10 days imprisonment should the fine be ignored.
Monday, 02 February 2015 08:00

Data fit for the courtroom?

Written by
Illustration: Matthew Billington
Illustration: Matthew Billington
The next time you post the stats of your morning run to Facebook via RunKeeper or enter some health data to your iPhone, think about this: what if down the road someone sought to use it against you?
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