ADR Institute of Ontario Section Meetings

  • 05 Oct 2011
  • 12 Oct 2011
  • Teleconference or Webinar, see program description for details

Dear Members of ADR Atlantic Institute, Arbitration & Mediation Institute of Manitoba and ADR Institute of Saskatchewan:

 

As part of ADR Canada's commitment to supporting your affiliate, we are pleased to offer you the opportunity to participate BY TELEPHONE or WEBINAR in the following section meetings of the ADR Institute of Ontario.  These meetings are held at the Toronto ADRIO office, and are available to members LIVE by teleconference or webinar at no charge.  Advance registration is required.  To sign up, please contact Brenda at 1-877-475-4353 ext. 106 or brenda@adrcanada.ca.  A confirmation and instructions on how to log in or phone in will be e-mailed to registered participants prior to the meeting.

 

There are 3 section meetings scheduled in the next 2 weeks.  Please find details below.  NOTE:  All meetings begin at 5:45 pm EASTERN Time.

 


A Meeting of the Workplace Section of the ADR Institute of Ontario

Topic:  Academics in Action – How Can Theory Inform Practice in the Context of a Poisoned Work Environment?

Wednesday, October 5th, 2011

5:45 pm to 7:30 pm EASTERN

Guest Speaker:     Elana Fleischmann, LL.B., LL.M. (ADR)

Elana Fleischmann & Associates, Specialists in Dispute Resolution

An integral part of professional development is keeping up to date on literature and studies relevant to your area of practice.  Dispute resolution practitioner Elana Fleischmann (adjunct professor at Osgoode Hall Law School)  will present lessons derived from the literature and will facilitate discussion on how to apply academic concepts to enhance your ADR practice. 


A Meeting of the Construction Section of the ADR Institute of Ontario

 

Topic: Lessons from the Supreme Court – The Impact of “Mary Carter” Agreements on Dispute Resolution

 

Thursday, October 6, 2011

 

5:45 pm to 7:15 pm EASTERN

 

 

Speaker Brendan D. Bowles, Glaholt LLP

 

 

Key to our discussion will be the recent decision of the Supreme Court of Canada to uphold the Ontario Court of Appeal’s affirmation of the judgment in Aecon Building v. The City of Brampton.  A multi-party dispute arose out of the construction of the $46-million Brampton Performing Arts Centre, involving the owner, the City of Brampton, the general contractor, Aecon Buildings, its subcontractors and the project architect and its consultants. Aecon and its subcontractors claimed damages for breach of contract arising from delays in construction.

Following Aecon's commencement of its action, the City of Brampton agreed to advance claims against a third party architect on behalf of Aecon and its subcontractors, and Aecon agreed to cap its damage claims against the City of Brampton to any amounts the City recovered from the third party architect and its consultants.

Our discussion will examine the following questions:

·         Are such agreements an abuse of process?

·         What are the implications for “tolling agreements” in dispute resolution in light of these decisions?

·         What risks do parties face in reaching partial settlement?

·         What are the disclosure requirements for partial settlements?

·         How can and should ADR professionals treat partial settlements in multi-party disputes?

About the Speaker Brendan D. Bowles, Glaholt LLP

Brendan Bowles is a partner with Glaholt LLP in Toronto, and is certified by the Law Society of Upper Canada as a Specialist in Construction Law.

Mr. Bowles acts for a variety of clients involved in construction including subcontractors and suppliers, general contractors, owners, design professionals, sureties and insurers. He has experience conducting motions and trials in the Ontario Superior Court of Justice, and appellate experience up to and including the Ontario Court of Appeal.

Mr. Bowles graduated from Queen’s University with a B.A. in 1995 and an LL.B. in 1998, and was called to the Ontario Bar in 2000. In 2004 he was designated as an Associate in Canadian Surety Bonding by the Surety Association of Canada. From 2006 to 2009 he was Continuing Legal Education Liaison for the Construction Law Section of the Ontario Bar Association, and is currently co-editor of the Section newsletter, Nuts & Bolts. Mr. Bowles was a part-time lecturer at Ryerson University in Toronto, teaching Construction Law in the Faculty of Architectural Science from 2006 to 2010. As of January, 2011 he now teaches Construction Law at the Centre for Construction & Engineering Technologies at Toronto’s George Brown College. 

 


A Meeting of the INSURANCE SECTION of the ADR Institute of Ontario

 

Topic:  MEDIATORS:  WHAT DO OUR CLIENTS EXPECT FROM US?  A CROSS-SECTION OF OPINIONS

 

Wednesday, October 12, 2011

 

5:45 pm to 7:30 pm EASTERN

 

 

SPEAKERS: 

Defence Counsel: Mr. Chris Blom, Miller Thomson LLP

Plaintiff Counsel:  Ms. Deborah Howden, Shibley Righton LLP

Insurers Representative:  Mr. John Berriault, Intact Insurance

 

This will be a dynamic, interactive programme with three of the best industry representatives from Toronto.  Each Speaker is well experienced and well respected in the industry, and will present you with what their expectations are from their individual points of view.   There will be a Question and Answer Period to better understand what our role is expected to be

ADR Atlantic Institute

Box 123,  Halifax, NS

B3J 2M4

E-mail:   admin@adratlantic.ca

(ADR Atlantic operates a VIRTUAL OFFICE and does not use a telephone line -- email is the primary communications tool)

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