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... 4 D. Arbitration Training... 5 E. Commercial Litigation Experience... 6 F. Experience as An Arbitrator, Adjudicator or Judge... 7 G. Work Samples... 8 H. Transportation Specific Legislation... 9 I. Familiarity with Transportation and Transportation Law J. Disclosure K. Conflict L. Fees M. Availability N. Signed Agreement O. Application Checklist Page 1 / 12

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 October 6, 2015 First name Last Name Daniel McDonald Middle Initial J. Honorifics Professional Title Firm Name Address Line 1 Q.C., FCIArb Partner Burnet, Duckworth & Palmer LLP 2400, Avenue SW Address Line 2 City Province Postal Code Calgary Alberta T2P 1G1 Secondary address (please street, city, province and postal code) Telephone (office) (403) Telephone (mobile) (403) Telephone (other) Fax (403) dmcdonald@bdplaw.com Page 2 / 12

3 Website URL LinkedIn URL Facebook Other social media links Region of residence Willingness to travel within and to other provinces? Please specify provinces. Western Canada and North Yes, all provinces All 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) Bachelor of Laws Queen's University ) Bachelor of Science University of Alberta ) 4) Please list courses or degrees in Economics, if any. Courses Institution Attended Year Page 3 / 12

4 1) Undergraduate Economics courses 2) 3) 4) Please list courses or degrees in Finance and Accounting, if any. Courses Institution Attended Year 1) Law school Accounting 2) 3) 4) Please list courses relating to logistics, transportation or transportation law, if any. Courses Institution Attended Year 1) 2) 3) 4) 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) FCIArb Chartered Institute of Arbitrators 2012 Page 4 / 12

5 2) Director 3) Member 4) Member 5) Full Member Western Canada Commercial Arbitration Society Canadian Chamber of Commerce - Arbitration Committee Toronto Commercial Arbitration Society ADR Institute of Canada and ADR Institute of Alberta 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) 2) 3) 4) Accelerated Route to Fellowship - International Commercial Arbitration - with Award Writing Exam The Program on Negotiation Mediation Workshop Chartered Institute of Arbitrators 2012 Harvard Law School Oct 2006 Page 5 / 12

6 E. Commercial Litigation Experience a. Please specify approximate number of commercial cases in which you have acted as counsel (during 38 years of practice) b. Please list range of years over which these cases occurred date c. Please list law firms with which you were associated according to year. Firm name Duration 1) Burnet, Duckworth & Palmer LLP date 2) MacKimmie Matthews ) Mason Company ) Farris, Vaughan, Wills, Murphy d. Did you typically represent plaintiff, respondent or both? Please provide your answer as a percentage. Plaintiff 35 Respondent 65 Page 6 / 12

7 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) 1) Energy law Oil and gas exploration and development, engineering, geology, accounting, valuation and securities Engineering, geology, accounting, valuation and securities $10M Approx. 4 months 2) Competition law Airline competition, low cost carrier economics, airline economics and accounting Transportation economists, accountants Declaration only Approx. 2 months 3) Electrical power Electrical power generation, purchase and transportation of coal Finance, accounting and rail transportation Declaration and price setting Approx. 2 months 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 7 2 Over what period of years date Number of commercial cases 7 Page 7 / 12

8 Over what period of years date Level of court Please specify tribunal Ad hoc arbitration Labour Canada adjudications 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) Arbitrator Partnership law 2) Arbitrator Contract law 3) Arbitrator Contract law Obligations of partnership to former partners Rights of parties to technology agreement Obligations of parties under Distributorship Agreement None $1M+ 1 day 2 $5M+ 1 week None $5M+ 1 week 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. \\Fsrv\prec\PERSONAL\DJM\CTA - Canadian Transportation Agency\Decision of the Arbitrator (redacted).pdf and \\Fsrv\prec\PERSONAL\DJM\CTA - Canadian Transportation Agency\Procedural Direction (redacted).pdf Page 8 / 12

9 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 Please provide details explaining how you became familiar with this material. Reviewed all briefly as part of the preparation of this application. 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.) Please provide details explaining how you became familiar with this material. Reviewed all briefly as part of the preparation of this application. Page 9 / 12

10 For Air Specialization - Legislation, Regulations, and Procedures Please rate your current familiarity with the following: Air Transportation Regulations SOR/88-58 Please provide details explaining how you became familiar with this material Reviewed all briefly as part of the preparation of this application. I. Familiarity with Transportation and Transportation Law Please describe your background involvement in the transportation industry or transportation law, if any. I have represented a low cost carrier in the Canadian airline industry in many cases over the past 10 years. In several commercial arbitrations and lawsuits, I have become familiar with rail transportation in Western Canada. 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: I am a partner of Burnet, Duckworth & Palmer LLP, which is counsel to WestJet. I have been counsel for WestJet in many commercial and competition law cases. K. Conflict a. If you OR YOUR FIRM currently represent, or have in the past represented, a carrier please advise. Yes. WestJet. b. If you OR YOUR FIRM currently represent, or have ever represented, a company in a matter relating to shipment of goods, please advise. Page 10 / 12

11 I have represented a coal producer that ships coal by rail. Burnet, Duckworth & Palmer LLP acts for many western Canadian companies, and undoubtedly some of those would ship goods by rail or air. L. Fees Please provide daily and hourly rates Daily $5,000 Hourly $650 M. Availability How many months in advance are you booked? Varies, but generally have some availability on relatively short notice. 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. The biographical information provided by me in this Request for biographical information will appear on-line at the Agency web site. Rosters and roster members may be reviewed every 2 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. Page 11 / 12

12 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. Maintenance of insurance at the required level. Please provide proof of insurance Policy number #B0509FINPM , B0509FINPU , B0509FINPU , B0509FINPU Issuer Marsh Canada Limited PDF of Certificate of Insurance: \\Fsrv\prec\PERSONAL\DJM\CTA - Canadian Transportation Agency\Certificate of Insurance (Sept 15, 2015).pdf Please specify time and location of the signature. Signed on 6 October October 2015 in the Province of Signature (Please sign the form digitally by typing your first and last name.) Alberta Daniel McDonald 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 yes yes yes PDF, yes Page 12 / 12

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