REQUEST FOR BIOGRAPHICAL INFORMATION

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REQUEST FOR BIOGRAPHICAL INFORMATION Opportunity for arbitrators to be selected for the Canadian Transportation Agency rosters Table of Contents A.

Experience As An Arbitrator, Adjudicator Or Judge... 10 G. Work Samples... 12 H. Transportation Specific Legislation... 13 I.

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... 6 D. Arbitration Training... 6 E. Commercial Litigation Experience... 8 F. Experience As An Arbitrator, Adjudicator Or Judge G. Work Samples 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 / 17

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 David Gervin at Date of this version 13 July 2015 First name Last Name Kathleen Kelly Middle Initial J. Honorifics Professional Title Firm Name Address Line 1 Address Line 2 City Province Postal Code Secondary address (please street, city, province and postal code) Arbitrator, Mediator, Adjudicator, Lawyer Kelly International Settlement Services Inc. 278 Berkeley Street Third Floor Toronto Ontario M5A 2X5 N/A Telephone (office) Telephone (mobile) Telephone (other) Fax N/A kellyadr@rogers.com Page 2 / 17

3 Website URL LinkedIn URL Facebook Other social media links Region of residence NO Twitter: Ontario X All provinces Willingness to travel within and to other provinces? Please specify provinces. British Columbia Alberta Saskatchewan Manitoba Ontario Quebec New Brunswick Nova Scotia Newfoundland and Labrador Prince Edward Island Yukon Northwest Territories Nunavut B. Education Please list degree(s), institution(s) attended and year degree(s) conferred below Degree Institution Attended Year degree conferred 1) LLM-ADR Osgoode Hall, York University ) LLB University of British Columbia ) BComm. Transportation Major University of British Columbia ) Page 3 / 17

4 Please list courses or degrees in Economics, if any. Courses Institution Attended Year 1) Principles of Economics University of British Columbia - UBC ) Probability & Statistics UBC ) Intermediate Economic Analysis UBC ) Transportation Economics UBC ) Transportation in Economic Development [also under Transportation] UBC ) Public Utilities UBC Please list courses or degrees in Finance and Accounting, if any. Courses Institution Attended Year 1) Fundamental Accounting UBC ) Quantitative Methods 2 UBC ) Management Accounting UBC ) Business Finance UBC ) Taxation UBC ) Advanced Taxation UBC ) Corporations and Tax UBC 1982 Please list courses relating to logistics, transportation or transportation law, if any. Courses Institution Attended Year 1) Business Logistics UBC ) Transportation UBC ) Air Transport UBC ) Water Transportation UBC Page 4 / 17

5 5) Public Utilities UBC ) Commercial Law UBC ) International Marketing UBC ) Transportation in Economic Development UBC ) Policy Administration UBC ) Government & Business UBC ) Collective Behaviour (i.e. public behaviour to shipments of dangerous goods, amongst other collective concerns) UBC ) Constitutional Law UBC ) Contracts UBC ) Legal Institutions (Jurisdiction) UBC ) Civil Litigation; Real Property; and, Torts [i.e. Lac Magantic) UBC ) Administrative Law UBC Bachelor of Commerce 17) 18) Major in Transportation, Minor in Marketing Batchelor of Laws and Logic (LLB) UBC 1973 UBC ) Master of Law in Alternative Dispute Resolution Osgoode Hall Law School at York University 1999 Page 5 / 17

6 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 [FCIArb] Chartered Institute of Arbitrators, London, England ) Member Chartered Institute of Arbitrators, London, England ) Chartered Arbitrator [C. Arb.] ADR Institute of Canada ) 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) An Introduction to ICSID Process: Primer on Practice and Procedure in ICSID Convention Arbitration The International Centre for Settlement of Investment Disputes ) Being Counsel, Best Practices in International and Domestic Arbitrations [Presenter and Panel Member] The Advocates Society ) Several Courses through the ADRIC/ICC Canada2013:Gold Standard Conference The ADR Institute of Canada and the International Chamber of Commerce ) Accelerated Route to Fellowship Chartered Institute of Arbitrators, London, England ) Training for Adjudicators - Order-in-Council Vice- Chairs Workplace Safety and Insurance Appeals Tribunal, Ontario 2009, 2010, 2011, 2012, 2013, 2014 Page 6 / 17

7 6) ADR and Developments in Amateur Sport Sport Dispute Resolution Centre of Canada 2007, 2008, 2009, 2010, 2011, 2012,2013, ) In-house training Adjudication and Effective Decision-Writing Health Professions Appeal and Review Board, Ontario ) Effective Decisions Society for Ontario Adjudicators and Regulators ) Adjudicator's Course Society for Ontario Adjudicators and Regulators ) Arbitration Financial Services Commission of Ontario 2012, & ) Arbitration of MVA Insurance Disputes ADR Chambers, and Stitt, Feld, Handy Group ) Several Arbitration Courses ONGOING CONTINUING PROFESSIONAL DEVELOPMENT Law Societies of British Columbia, & Ontario, The Canadian Bar Association, the Ontario Bar Association, the American Bar Association, the International Bar Association, the International Chamber of Commerce (ICC), the American Arbitration Association, the International Centre for Dispute Resolution (ICDR), The Advocates' Society, and Osgoode Professional Development - New York State Bar (FEB Faculty) The ADR Institute of Canada, The ADR Institute of Ontario 1981 and continuing 13) Arbitration Better Business Bureau - Lower Mainland, Vancouver, B.C ) Arbitration Workshop for the Department of Justice (Toronto)- Course Trainer Canadian Dispute Resolution Corporation 1996 Page 7 / 17

8 E. Commercial Litigation Experience a. Please specify approximate number of commercial cases in which you have acted as counsel. 52 b. Please list range of years over which these cases occurred to 2005 c. Please list law firms with which you were associated according to year. Firm name Duration 1) Killam, Whitelaw & Twining, Vancouver, B.C ) Kathleen J. Kelly, Vancouver, B.C ) Zwanette & Pereboom, Vancouver, B.C ) Norman Bergstein; then Bergstein & Kelly, Toronto, ON ) Kathleen J. Kelly, Toronto, ON 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. 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) Page 8 / 17

9 1) Patent and Trademark infringement; contract mostly documentary; contracts, patent filings, trademark usage signage, patent, and trademark experts 50 million 10 days Federal Court and Federal Court of Appeal (Court names current at that time) 2) Multi-level marketing & contracts contracts, Economic loss 20 million settled out of court 3) Commercial Lease; business lease documents; comparative values; appraisals Commercial lease appraisers, real estate evaluators 10 million settled out of court Page 9 / 17

10 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 Judge Tribunal Adjudicator Number of cases Over what period of years Number of commercial cases Over what period of years 35 8 Level of court Appointed by Ontario Superior Court of Justice in 5 cases N/A N/A Please specify tribunal Better Business Bureau, Lower Mainland, Vancouver, B.C.; SDRCC (Sport Dispute Resolution Centre of Canada; IIROC; MFDA; CTA; Private Arbitrator Pre-Trial Judge, Ontario Superior Court of Justice appointed by the Regional Senior Justice at that time Health Professions Appeal and Review Board; Sport Dispute Resolution Centre of Canada; Workplace Safety and Insurance Appeals Tribunal; Mutual Funds Dealer Association of Canada (MFDA) 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. Page 10 / 17

11 Please specify your role Area of Commercial Litigation Evidence Presented Experts included Quantu m (value of claim) Duration (Time in court) 1) Arbitrator Railway transportation - freight rates; insurance and risk assessment; environmental issues comparative tariffs; costs of shipping; economic return on investment; business records; costing schedules; return on investment/accoun ting; insurance risks and costs; environmental impact; regulations regarding tanker car design, and tanker car characteristics in general sensitivities regarding carriage of dangerous goods; results of previous litigation regarding carriage of dangerous goods; legal duties of each of the parties commercial and negligence; costs of clean-up in the event of an environmental spill from tanker cars economists; transportation/logi stics experts; engineers; accountants; professors; retired Judge, Federal Court; business representatives from each of the parties deemed as experts by agreement between the parties; insurance and risk assessment experts Potenti ally several billions of dollars 5 days Page 11 / 17

12 2) Adjudicator Investments/se curities - discipline matter accounting and business records; regulations/standar ds of practice; reports from investigators financial and accounting; professional standards over 100 million 6 hearing days 3) Arbitrator Railway transportation - freight rates comparative tariffs; costs of shipping; economic return on investment; business records; costing schedules; return on investment/accoun ting economists; transportation/logi stics experts; engineers; accountants 20 million 6 days 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. Please see attached PUBLIC DECISION Page 12 / 17

13 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 Very familiar Very familiar Very familiar Very familiar Very familiar Please provide details explaining how you became familiar with this material. From reviewing and consulting this material for previous arbitrations and on an ongoing basis to keep current and informed of new developments. 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 Fair Fair Fair Fair Page 13 / 17

14 Please provide details explaining how you became familiar with this material. Personal and professional interest. For Air Specialization - Legislation, Regulations, and Procedures Please rate your current familiarity with the following: Air Transportation Regulations SOR/88-58 Response Very familiar Please provide details explaining how you became familiar with this material I worked for an international air carrier for over seven years in several different operational and management functions. I. Familiarity with Transportation and Transportation Law Please describe your background involvement in the transportation industry or transportation law, if any. After completing an under graduate degree in Commerce, Majoring in Transportation, I worked for an international air carrier for over seven years in several different operational and management functions. In addition, I have travelled extensively by air and rail in Canada and other countries. Lastly, and perhaps most importantly, I have been both selected and appointed to act as an arbitrator in a number of freight rate transportation matters. 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: Page 14 / 17

15 several management positions with an international air carrier K. Conflict a. If you OR YOUR FIRM currently represent, or have in the past represented, a carrier please advise. N/A b. If you OR YOUR FIRM currently represent, or have ever represented, a company in a matter relating to shipment of goods, please advise. N/A L. Fees Please provide daily and hourly rates Daily Response $5,300 (after 8 hours the hourly rate applies) Hourly $ M. Availability How many months in advance are you booked? 1-3 Page 15 / 17

16 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 as set out in this request for biographical information. YES The biographical information provided by me in this Request for biographical information will appear on-line at the Agency web site. YES Rosters and roster members may be reviewed every 2 years. YES Being accepted as a roster member does not guarantee that I will receive work under the Canada Transportation Act. YES 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. YES If accepted, I will comply with all the conditions of the program, including but not limited to the following: I will comply with the Code of Ethics of the Canadian Transportation Agency. YES Maintenance of insurance at the required level. YES Please provide proof of insurance Policy number # Issuer Response Master Policy No.: TPL Trisura Guarantee Insurance Company Please specify time and location of the signature. Signed on 1 September 2015 in the Province of Signature (Please sign the form digitally by typing your first and last name.) Ontario Kathleen Kelly Page 16 / 17

17 O. Application Checklist Please do not include a resume. If you have any questions or need help please contact David Gervin at David.Gervin@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 Yes Yes Yes Yes Page 17 / 17

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