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...7 F. Experience As An Arbitrator, Adjudicator Or Judge...9 G. Work Samples...9 H. Transportation Specific Legislation...10 I. Familiarity With Transportation And Transportation Law...11 J. Disclosure...11 K. Conflict...12 L. Fees...12 M. Availability...12 N. Signed Agreement...13 O. Application Checklist...14 Page 1 / 14
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 David.Gervin@otc-cta.gc.ca Date of this version 13 July 2015 First name Last Name H. Scott Fairley Middle Initial Honorifics Professional Title Firm Name Address Line 1 Address Line 2 City Province Postal Code WeirFoulds LLP 4100-66 Wellington Street West PO Box 35, Toronto-Dominion Centre Toronto Ontario M5K 1B7 Secondary address (please street, city, province and postal code) Telephone (office) 416-947-5015 Telephone (mobile) 416-573-2044 Telephone (other) Fax 416-365-1876 Email sfairley@weirfoulds.com Page 2 / 14
Website URL www.weirfoulds.com LinkedIn URL Facebook Other social media links Region of residence Willingness to travel within and to other provinces? Please specify provinces. Ontario 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) LL.B. Queen s University, Faculty of Law 1977 2) LL.M. New York University School of Law 1979 3) B.A. Queen s University 1974 4) S.J.D. Harvard University 1987 Please list courses or degrees in Economics, if any. Courses Institution Attended Year Page 3 / 14
1) Basic Economics Queen s University 1972 2) 3) 4) 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
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) 2) 3) 4) 5) Fellowship Accreditation (FCI.Arb.) Chartered Institute of Arbitrators 1999 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) Key Developments in International Investment Law and Investor State Arbitration IBA International Arbitration Day (Washington D.C.) Ontario Bar Association 2015 International Bar Association 2015 3) TCAS Annual Symposium Toronto Commercial Arbitration Society 2015 4) 5) 6) CIArb Symposium The Integrity of International Commercial Arbitration: Does the Decision Need to be Right and When Should it be Challenged? LCIA, launch of the LCIA Rules IBA International Arbitration Day (Toronto) CIArb Toronto Chapter 2015 London Court of International Arbitration 2014 International Bar Association 2014 Page 5 / 14
7) 8) International Energy and Minerals Arbitration ADRIC /ICC Canada Gold Standard Arbitration Rocky Mountain Mineral Law Foundation 2013 ADR Institute of Canada /ICC Canada 2013 Page 6 / 14
E. Commercial Litigation Experience a. Please specify approximate number of commercial cases in which you have acted as counsel. 100 plus b. Please list range of years over which these cases occurred. 2000-2015 c. Please list law firms with which you were associated according to year. Firm name Duration 1) WeirFoulds LLP 2013 Present 2) Morrison Fairley 2011-2013 3) Theall Group 2004 2011 4) Klotz & Co 2001 2003 5) Donahue & Partners/ Donahue Ernst & Young 1998-2001 6) Lang Michener 1988 1990 7) Gowling & Henderson 1985-1988 d. Did you typically represent plaintiff, respondent or both? Please provide your answer as a percentage. Response Plaintiff 45% Respondent 55% Page 7 / 14
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) Insurance Coverage Scientific Engineer ( Nuclear, metallurgical) $150m 4 days 2) Trademark Infringement Statistical Surveys Communications $35m 7 days 3) Breach of Contract Economical; accounting Economist; Business Valuator $25m 8 days Page 8 / 14
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. Number of cases 5 Over what period of years 8 Arbitrator Judge Tribunal Adjudicator Number of commercial cases all Over what period of years Level of court Please specify tribunal CTA appointed 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) See above 2) 3) 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. All confidential, CTA has examples. Page 9 / 14
H. Transportation Specific Legislation For Rail Specialization - Legislation, Regulations, and Procedures Please rate your current familiarity with the following: Rail Costing Regulations SOR/80-310 Railway Third Party Liability Insurance Coverage Regulations SOR/96-337 Railway Traffic Liability Regulations SOR/91-488 Carriers and Transportation and Grain Handling Undertakings Information Regulations SOR/96-334 Railway Interswitching Regulations SOR/88-41 Response Fair Not familiar Very familiar Not familiar Very familiar Please provide details explaining how you became familiar with this material. My knowledge was gained by self-study in the context of particular arbitral appointments by the Agency. 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 Not familiar Not familiar Not familiar Not familiar Page 10 / 14
Please provide details explaining how you became familiar with this material. For Air Specialization - Legislation, Regulations, and Procedures Please rate your current familiarity with the following: Air Transportation Regulations SOR/88-58 Response Not familiar Please provide details explaining how you became familiar with this material I. Familiarity with Transportation and Transportation Law Please describe your background involvement in the transportation industry or transportation law, if any. I have gained some knowledge through acting as counsel in litigation matters involving railway transportation and the operation of interconnecting undertakings; appointed in the establishment of an advanced seminar in transportation law at the university of Windsor Law School; acted as counsel in disputes regarding Ambassador Bridge, Canada U.S.A. 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 11 / 14
K. Conflict a. If you OR YOUR FIRM currently represent, or have in the past represented, a carrier please advise. Yes (not current) b. If you OR YOUR FIRM currently represent, or have ever represented, a company in a matter relating to shipment of goods, please advise. Yes L. Fees Please provide daily and hourly rates Daily Response $5k (hearings); $2,500 (half day) Hourly $675.00 M. Availability How many months in advance are you booked? Flexible; still primarily engaged as counsel Page 12 / 14
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. 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 Response Policy number: 2015-001 Issuer: Law Pro Excess Insurance: Canadian Lawyers Liability Insurance Society -26012 Liberty/Encon PLTO295099012 Travelers 50333264 Canadian Lawyers Liability Insurance Society -2015-UMB Lloyd s Underwriters B0702BN300980J Please specify time and location of the signature. Page 13 / 14
Signed on 2 October 2015 in the Province of Signature (Please sign the form digitally by typing your first and last name.) Ontario H. Scott Fairley 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 Response Filled out the Application Form Provided your work sample Provided your digital signature above Faxed us (819-953-6613) or attached as a PDF, the proof of insurance Page 14 / 14