REQUEST FOR BIOGRAPHICAL INFORMATION

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1 REQUEST FOR BIOGRAPHICAL INFORMATION Opportunity for arbitrators to be selected for the Canadian Transportation Agency rosters Table of Contents A. Contact Information... 2 B. Education... 3 C. Arbitration Designation... 5 D. Arbitration Training... 5 E. Commercial Litigation Experience... 6 F. Experience As An Arbitrator, Adjudicator Or Judge... 8 G. Work Samples... 9 H. Transportation Specific Legislation I. Familiarity With Transportation And Transportation Law J. Disclosure K. Conflict L. Fees M. Availability N. Signed Agreement O. Application Checklist Page 1 / 14

Honorifics Professional Title Firm Name Address Line 1 B.Sc.

2 A. Contact Information Please note that completion of this form is lengthy. You may be required to save and return to complete. If you have any questions or need help please contact Martina Faith at Date of this version July 6, 2018 First name Last Name Murray Smith Middle Initial L. Honorifics Professional Title Firm Name Address Line 1 B.Sc.; LLB; LLM; FCIArb; Chartered Arbitrator Chartered Arbitrator Smith Barristers Suite Beach Avenue Address Line 2 City Province Postal Code Vancouver British Columbia V6E 1T7 Secondary address (please street, city, province and postal code) Telephone (office) Telephone (mobile) Telephone (other) Fax msmith@smithbarristers.com Page 2 / 14

3 Website URL LinkedIn URL Facebook Other social media links Region of residence Willingness to travel within and to other provinces? Please specify provinces. Languages Spoken Pacific All provinces British Columbia Alberta Saskatchewan Manitoba Ontario Quebec New Brunswick Nova Scotia Newfoundland and Labrador Prince Edward Island Yukon Northwest Territories Nunavut English French B. Education Please list degree(s), institution(s) attended and year degree(s) conferred below Degree Institution Attended Year degree conferred 1) Bachelor of Science University of Windsor ) Bachelor of Laws University of Windsor ) Master of Laws London School of Economics ) Page 3 / 14

4 Please list courses or degrees in Economics, if any. Courses Institution Attended Year 1) 2) 3) 4) LLM International Economic Law London School of Economics 1989 Please list courses or degrees in Finance and Accounting, if any. Courses Institution Attended Year 1) 2) 3) 4) Please list courses relating to logistics, transportation or transportation law, if any. Courses Institution Attended Year 1) 2) 3) 4) Page 4 / 14

5 C. Arbitration Designation Please list designation(s), certification(s) or accreditation(s) in arbitration received from any recognized institution(s) and the year(s) conferred below. Designation Organization Year conferred 1) Fellow of the Chartered Institute of Arbitrators The Chartered Institute of Arbitrators - London ) Chartered Arbitrator The Chartered Institute of Arbitrators -London ) International Tutor and Fellowship Training Course Coordinator The Chartered Institute of Arbitrators- London ) 5) D. Arbitration Training Please list arbitration training or course(s), if any, along with the institution providing the training and the year you received this training below. Course Institutions Year 1) Numerous CLE programs as participant and speaker; Course Director for more than 30 Fellowship Training programs with the Chartered Institute of Arbitrators CLE Society of British Columbia; ICDR; ICCA; CIArb ) 3) 4) 5) 6) 7) Page 5 / 14

6 8) 9) 10) E. Commercial Litigation Experience a. Please specify approximate number of commercial cases in which you have acted as counsel. 300 b. Please list range of years over which these cases occurred to 2015 c. Please list law firms with which you were associated according to year. Firm name Duration 1) Horembala and Smith ) O Brien and Smith ) Campney and Murphy d. Did you typically represent plaintiff, respondent or both? Please provide your answer as a percentage. Response Plaintiff 50% Respondent 50% e. Please list by subject area, the 3 most complex commercial cases with which you have been involved as counsel in arbitrations or litigation, the kind of evidence presented, what experts were involved, quantum in issue and duration of case. Page 6 / 14

7 Area of Commercial Litigation (e.g. Patent infringement) Kind of Evidence Presented What type of Experts were involved Quantum (value of claim) Duration (Time in court) 1) Senior counsel to Commission of Inquiry into downstream pricing of petroleum products Criteria for market pricing Competition theory and principles $10M 6 months 2) Counsel in arbitration of dispute over handling fee pricing in recycling industry Elements of costs and overhead in recycling depot operations Industry norms in profit margins $100M 6 months 3) Maritime law re long term shipping contracts Evidence regarding formation of international freight contracts Custom and usage in maritime negotiation of shipping contracts and calculation of damages for breach of contract $4M 3 weeks Page 7 / 14

8 F. Experience as An Arbitrator, Adjudicator or Judge Please specify approximate number of cases in which you have acted as an arbitrator, judge or tribunal adjudicator. Please note that there are cells in the table below in which you are asked to provide court level and tribunal. Arbitrator Number of cases 60 Over what period of years 25 Number of commercial cases 60 Over what period of years 25 Level of court Judge Tribunal Adjudicator Please specify tribunal Commercial Arbitration Please list by subject area, the 3 most complex commercial cases in which you acted as arbitrator, judge or adjudicator, the kind of evidence presented, experts involved, quantum in issue and duration of hearing. Please specify your role Area of Commercial Litigation Evidence Presented Experts included Quantum (value of claim) Duration (Time in court) 1) Sole Arbitrator Rail transportation Pricing Principles of competition and costs $10M 1 week 2) Tribunal Chair Oil Field Profit Sharing Agreements Interpretation of terms of profit sharing agreements Audit and accounting $100M 4 weeks Page 8 / 14

9 3) Sole arbitrator Contracts for delivery of internet services in Northern Canada Interpretation of contracts in dispute over level of service and pricing to end users Technical elements of data transfer speeds in kbps and network infrastructure $5M 2 weeks G. Work Samples Please provide a written award (redacted) or decision you have written. Files should be attached to this submission. Only.pdf or.doc files are accepted. Page 9 / 14

10 H. Transportation Specific Legislation For Rail Specialization - Legislation, Regulations, and Procedures Please rate your current familiarity with the following: Rail Costing Regulations SOR/ Railway Third Party Liability Insurance Coverage Regulations SOR/ Railway Traffic Liability Regulations SOR/ Carriers and Transportation and Grain Handling Undertakings Information Regulations SOR/ Railway Interswitching Regulations SOR/88-41 Response Moderate Low Low Low Moderate Please provide details explaining how you became familiar with this material. Acting as arbitrator in railway transportation cases For Marine Specialization - Legislation, Regulations, and Procedures Please rate your current familiarity with the following: Canada Marine Act S.C. 1998, c.10 Coasting Trade Act S.C. 1992, c.31 Pilotage Act R.S.C. 1985, c. P-14 Shipping Conferences Exemption Act, 1987 R.S.C., 1985, c.17 (3rd Supp.) Response Moderate Low Low Low Page 10 / 14

11 Please provide details explaining how you became familiar with this material. Ten years practice in the field of maritime law For Air Specialization - Legislation, Regulations, and Procedures Please rate your current familiarity with the following: Air Transportation Regulations SOR/88-58 Response Moderate Please provide details explaining how you became familiar with this material Counsel in an appeal from decision of Transportation Appeal Tribunal of Canada in aeronautics case I. Familiarity with Transportation and Transportation Law Please describe your background involvement in the transportation industry or transportation law, if any. Ten years practice in maritime law field and a number of arbitrations involving transportation industry J. Disclosure If you have ever worked for, been associated with, or have a current or past interest in a transportation carrier or shipper in rail, marine or air please provide details below: No conflicts Page 11 / 14

12 K. Conflict a. If you OR YOUR FIRM currently represent, or have in the past represented, a carrier please advise. No conflicts b. If you OR YOUR FIRM currently represent, or have ever represented, a company in a matter relating to shipment of goods, please advise. In my time with Campney and Murphy from 1991 to 2003 the firm acted for many carriers and shippers. L. Fees Please provide daily and hourly rates Response Daily $4200 Hourly $600 M. Availability How many months in advance are you booked? 2 Page 12 / 14

13 N. Signed Agreement PLEASE NOTE YOUR APPLICATION IS NOT COMPLETE WITHOUT PROOF OF INSURANCE AND SIGNED AGREEMENT THAT YOU WILL FIND BELOW. The information I have provided accurately describes my qualifications and experience. I understand that: Roster members will be selected based on the criteria set out in this request for biographical information. The biographical information provided by me in this request for biographical information will appear online ON the Agency's Web site Rosters and roster members may be reviewed every two years. Being accepted as a roster member does not guarantee that I will receive work under the Canada Transportation Act. The Canada Transportation Agency is in no way responsible for any fees, expenses or outstanding payments, all of which shall be billed by the arbitrator to the parties to any proceeding under the Canada Transportation Act. If accepted, I will comply with all the conditions of the program, including but not limited to the following: Compliance with the Canadian Transportation Agency's Code of Values and Ethics. Maintenance of insurance at the required level. Please provide proof of insurance Response Policy number # LPL Issuer LSBC Captive Insurance Company Ltd. Please specify time and location of the signature. Signed on 12 July 2018 in the Province of Signature (Please sign the form digitally by typing your first and last name.) British Columbia Murray L. Smith Page 13 / 14

14 O. Application Checklist Please do not include a resume. If you have any questions or need help please contact Martina Faith at Martina.Faith@otc-cta.gc.ca If you wish to be considered for the roster, please ensure that you completed the following: Checklist Filled out the Application Form Provided your work sample Provided your digital signature above Faxed us ( ) or attached as a PDF, the proof of insurance Response x x x x Page 14 / 14

REQUEST FOR BIOGRAPHICAL INFORMATION

REQUEST FOR BIOGRAPHICAL INFORMATION Opportunity for arbitrators to be selected for the Canadian Transportation Agency rosters Table of Contents A. Contact Information... 2 B. Education... 3 C. Arbitration