Carl Nilsen

Professional Experience

Carl Nilsen founded the firm of Nilsen Realty Research Ltd. (which subsequently became part of Altus Group) after gaining real estate qualifications and experience in London (England) and Toronto. Mr. Nilsen came to Vancouver in 1973 since when his professional practice has involved the preparation of specialized studies and appraisals for both the public and private sector including financial institutions, pension funds, government agencies and development companies as well as legal and accounting firms.

Mr. Nilsen is retained on a regular basis to provide expert evidence before courts and arbitration boards concerned with the establishment of rental value or market value under expropriation, property assessment and other proceedings. He has given evidence before the BC Assessment Appeal Board, the BC Supreme Court, the BC Expropriation Compensation Board and the Federal Court (Trial Division).

He has been appointed as a Valuator under the B.C. Hydro and Power Authority Act. He also frequently sits as a single arbitrator or as the member of arbitration panels.

Mr Nilsen has been engaged on many occasions to speak to professional organizations on real estate valuation matters. His presentations have included topics relating to the role of the professional as expert witness and as arbitrator.

Dispute Resolution Experience and Training

Examples of experience as single arbitrator determining market or rental value include:

  • Restaurant premises in Chinatown
  • Commercial premises on Kingsway, Burnaby
  • Telecommunication facilities in Richmond
  • Industrial lands leased by First Nation on Vancouver Island
  • Bank premises in Vancouver
  • Land in the BC Interior subject to expropriation proceedings

Experience as member or chair of arbitration panels in connection with the following matters:

  • Determination of market value of commercial property involved in partnership dispute
  • Rental value of restaurant premises in Kelowna
  • Rental value of restaurant premises in Burnaby

Rental value of commercial premises in Kitsilano

Professional and Other Activities

  • Member of Lambda Alpha International.
  • Member and past director – B.C. Expropriation Association.
  • Presentations of Professional organization include:
    • Lease Dispute Arbitration – The Appraiser as Expert and Arbitrator (Appraisal Institute of Canada National Conference 2002)
    • Commercial Leasing Disputes – 2001 Update (Continuing Legal Education Society of BC)
    • Valuations for IFRS (Washington State Appraisal Institute Conference, 2010)
    • Arbitrating Commercial Lease Disputes – A Valuation Perspective (ADR Institute of Canada, 2004)
    • Contaminated Lands – Valuation and Current Legal Issues (Canadian Property Tax Association Conference 2008)
    • Volumetric Parcels – Valuation Issues (BC Expropriation Association Conference 2010)
Academic Qualifications

BSc (Estate Management) London University
Accredited Appraiser of the Canadian Institute (AACI)
Fellow of the Royal Institution of Chartered Surveyors (FRICS)

 

Mr. Donald L. Logerwell

Professional Experience

Donald Logerwell was a trial lawyer in Seattle for more than thirty years until 2000 when his practice focused on arbitration, mediation and training lawyers to be effective representatives of their clients in both forms of alternative dispute resolution.

As a trial lawyer, he tried jury and non-jury cases in state and federal courts and acted as counsel in arbitrations and mediations in construction disputes, intellectual property, products liability, legal malpractice and a wide range of business disputes including partnerships, limited liability companies and corporate dissolutions.

He received his Bachelor of Science degree from the University of Nevada in Reno and his J.D. from the Georgetown University Law Center, Washington, D.C. where he graduated #1 in the evening division and was an editor on the law review. After law school he clerked for The Honorable Eugene A. Wright of the United States Court of Appeals for the Ninth Circuit before entering private practice in Seattle.

Donald Logerwell was recognized by Seattle Metropolitan Magazine under Alternative Dispute Resolution and Mediation as one of King County’s Top Lawyers 2010. His peers have given him the highest possible rating, AV Preeminent, in a recent survey by the nation’s leading lawyer rating organization, Martindale Hubbell

Dispute Resolution Experience and Training

Donald L. Logerwell serves as an arbitrator/mediator, educator and ADR neutral in a wide range of domestic and international disputes. His ADR practice covers the entire gamut of disputes, small and large, with a focus on efficient and cost effective methods of resolving disputes consistent with the amount at risk for the parties. Don sees himself as a partner with the party representatives and strives to work with them to fashion a process that meets their needs and the needs of their clients.

Thirty years (1979-present) of experience serving as a sole arbitrator of a wide variety of commercial disputes in the U.S. and western Canada from various administrative agencies (AAA, CPR, BCICAC, Arbitration Works) and in non-administered arbitrations. First trained in mediation in 1979 by the American Arbitration Association and service since in mediations (both administered and non-administered) of disputes ranging from several million dollars to smaller, home owner-contractor disputes as low as $25,000.

Donald Logerwell has attended and taught countless arbitration and mediation courses including the Chartered Institute of Arbitrators (London) Fellowship course.

Professional and Other Activities

ADR Affiliations:

  • American Arbitration Association: construction, commercial, intellectual property and large complex case arbitration and mediation panels.
  • British Columbia International Commercial Arbitration Centre (Vancouver, B.C., Canada): arbitrator and mediator.
  • International Institute for Conflict Prevention and Resolution (CPR): Seattle, construction and intellectual property panels.
  • Certified mediator for the United States District Court for the Western District of Washington.
  • Fellow (ret.), Chartered Institute of Arbitrators (London).
  • Member, ADR Roundtable, Seattle WA.

Mr. Logerwell is a frequent speaker on ADR related topics for the Washington State Bar Association, the King County Bar Association, the American Arbitration Association, the Office of the Attorney General of Washington and the University of Washington among others. He was selected as a member of the National Faculty of the American Arbitration Association and conducted more than fifty AAA sponsored training programs for construction arbitrators in the western United States including Alaska, Washington, Oregon, Nevada and California.

Donald Logerwell selected as one of the Top Lawyers in 2010 by Seattle Metropolitan Magazine in the field of alternative dispute resolution and mediation.

Academic Qualifications

University of Nevada, B.S. in Mathematics, 1962
Georgetown Law Center, Washington, J.D., 1970

Hon. Neil A. Brown

Professional Experience

The Hon Neil Brown QC is a Queens Counsel in Australia and has had a long and distinguished career in government and the law. He was a Minister in the Federal Government in Australia in charge of portfolios in Attorney-General’s, Communications and Employment and Youth Affairs. In the law, he has appeared in every jurisdiction in Australia and has had experience in commercial, intellectual property, town planning and taxation matters. He is an Adjunct Professor of Law at Murdoch University in Western Australia. He is a qualified arbitrator and mediator practicing in international and domestic matters in the commercial, communication, intellectual property and governmental fields. He is a leading arbitrator and adviser on internet domain name disputes. Representative cases include:

  • International arbitrations on the sale of goods.
  • A long series of arbitrations, advice, lecturing and tutoring on domain names.
  • Two arbitrations on GST (VAT) relating to small business.
  • Arbitration of a dispute on the international sale of goods between India and the United States.
  • Arbitration of a dispute on the sale of Australian wine to the USA.
  • Arbitration of a dispute between NSW /overseas principal and Victorian agent.
  • Alternative dispute resolution hearing on the price of electricity.
  • Mediation of a dispute on competing proposals for the development of a large tract of land in New South Wales.
  • Mediation of dispute on the provision of fringe benefits under a group of remuneration contracts relating to Fringe Benefits Tax.
  • Mediation on breach of service contract involving IP.
  • Mediation of large construction dispute over steel fixing.
  • Mediation of a dispute on restraint of trade on former employees and directors.
  • Mediation of dispute between lender and shareholders and directors of company.
  • Dispute on the terms of a consultancy agreement.
  • Numerous mediations on quality of work, claims for extras and delays in works.
  • Mediation of several disputes between a private health insurer and groups of private hospitals on the degree of reimbursement to be paid by the insurer to the hospitals.
  • Mediation of several disputes between universities/research institutions and investors on the commercialization of inventions.
Dispute Resolution Experience and Training

Practiced in dispute resolution tribunals, arbitration and mediation since 1964
Qualified Arbitrator and Mediator of The Institute of Arbitrators and Mediators, Australia since 2004
Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators
Intellectual property, Society of Australia and New Zealand

Professional and Other Activities

Maintaining website on domain name arbitration at www.domaintimes.info
Extensive writing and lecturing on arbitration and mediation, including domain name arbitration.

Academic Qualifications

University of Melbourne, LLB 1963

Robert D. Holmes

Professional Experience

Mr. Holmes is a commercial and civil litigation and arbitration lawyer in private practice with over 37 years experience at the B.C. Bar in complex legal disputes, including business disputes, claims involving the government and its agencies (including constitutional and administrative law reviews), shareholder actions, securities litigation, real estate, insolvency and reorganization, commercial tenancies, partnerships, professional liability, and construction disputes.

He has appeared at all levels of courts in British Columbia, as well as Canada, including several appearances in the Supreme Court of Canada, the Alberta Court of Queen’s Bench, the Federal Court, Federal Court of Appeal, Tax Court, as well as numerous tribunals, including the Securities Commission, the Vancouver Stock Exchange, the TSX Venture Exchange, the IDA, IIROC, municipal councils and various professional organizations. He has conducted Arbitration and Mediation proceedings and appeared as counsel for parties in the same.

Mr. Holmes is formerly Adjunct Professor of Law at UBC (Creditors Remedies) and has lectured and published widely on Commercial Law, Shareholder’s Disputes, Professional Liability, Commercial Tenancy Disputes, Dispute Resolution Practice and Procedure, Constitutional Law and Civil Liberties.

Dispute Resolution Experience and Training

  • 2016-2018 Chair, Real Estate Council of BC
  • 2015 Fellow of the Chartered Institute of Arbitrators
  • 2008 – 2019 Appointed member of the Patient Care Quality Review Board for the Fraser Burrard, Vancouver Coastal and BC Provincial Health Authority regions, Chair 2016 – 2019
  • Former Member of the BCICAC Securities Disputes Panel
  • Member of the BCICAC Commercial Panel.
  • 1996 – Associate Membership Examination of the Chartered Institute of Arbitrators
  • 1996 – Completed Advanced Commercial Mediation course, Continuing Legal Education Society of British Columbia.
  • 1991 – Attended Commercial Arbitration – Advanced Practice course, Continuing Legal Education Society of British Columbia.
  • 1989 – Attended International Commercial Arbitration course offered by the University Of San Diego School of Law in London, England taught by Professor Clive Schmitthof.
  • 1984 – Attended Public International Law course offered by the University Of San Diego School of Law in Paris, France taught by Professor Michael Reisman of the Yale Law School.
Professional and Other Activities

  • Queen’s Counsel, 2010
  • Formerly President of the Trial Lawyers Association of B C (2008-2010)
  • Formerly President of the BC Civil Liberties Association (2008-2012)
  • Formerly Chair of the Vancouver Civil Litigation Section, Canadian Bar Association, BC Branch
  • Formerly Elected Member of Provincial Council, Canadian Bar Association, BC Branch
  • Associate, Chartered Institute of Arbitrators
  • Member, Trial Lawyers Association of BC, Canadian Bar Association, Vancouver Bar Association, and Advocates’ Society
Academic Qualifications

LL.B., University of British Columbia, 1981
B.A., University of British Columbia, 1978
LL.M., Yale Law School 1984
Associate, Trinity College of Music, 1976

 

Mr. Fazal Bhimji

Professional Experience

Mr Bhimji has been involved with conflict resolution since 1991. He is an active mediator/arbitrator, a Provincial Court Mediator and a member of several mediation rosters including the Mediate BC Civil Roster and the Public Service Labour Relations Board (Fed.). He has handled hundreds of disputes as a mediator/arbitrator for various clients, as well as other arbitrations for the Federal Mediation and Conciliation Service. He is a conflict resolution coach at the JIBC Centre for Conflict Resolution and an instructor at the Centre for Leadership. He has prepared and delivered training programs for BCIT, Canadian Air Traffic Control Association and other clients in the Lower Mainland.

Dispute Resolution Experience and Training

Mr. Bhimji holds a Bachelor of Science Degree from the U of S, a certificate in Public Sector Management from the U of M, Certificates in Conflict Resolution Negotiation and Conflict Resolution Third Party Mediation from the Justice Institute of BC and holds the Chartered Mediator and Chartered Arbitrator designations from ADR Institute of Canada. He is a faculty instructor at the Centre for Conflict Resolution of the Justice Institute of BC and frequently lectures on Leadership, Conflict Resolution, Communication, Labour Relations and Employee Relations.

Professional and Other Activities

  • Member of the Mediate BC Civil Roster
  • Awarded C. Med. And C.Arb. – Nationally recognized designations by the ADR Institute of Canada
  • Director with CoRe, Conflict Resolution Clinic UBC (2011 to Current)
  • Member of the Health Professions Review Board (2013 to Current
  • Member of the Transportation Appeal Tribunal of Canada (2018 to Current)
  • Arbitration Roster for the Canadian Transportation Agency (2018 to Current)
  • Arbitrator for Canadian Motor Vehicle Arbitration Plan (CAMVAP) (Pending)
  • Chair of the (BC) Regional Chartered Mediator Accreditation Committee for BCAMI (2005 – 2010)
  • Member of the Advisory Committee of the Justice Institute of BC, Centre for Conflict Resolution
  • Director of the British Columbia Arbitration and Mediation Institute (2006-2011)
  • Property Assessment Review Panel since 2006, Chair of Delta Panel (2007-2011), Chair of Richmond Panel (2011-2014)
Academic Qualifications

BSc – U of S (Chemistry), 1983
Certificate in Public Sector Management – U of M, 1992
Certificate in Conflict Resolution Negotiation – JIBC, 2004
Certificate in Conflict Resolution Third Party Mediation – JIBC, 2004