Martin R. Taylor

Professional Experience

Martin Taylor practiced in Vancouver for 15 years as counsel in commercial and other litigation before serving for 17 years in province’s superior courts. Since leaving the bench, he has been engaged in commercial dispute mediation and resolution, providing advice to members of the legal profession and carrying out a number of government assignments.

Dispute Resolution Experience and Training

  • Has acted in disputes as sole arbitrator, chair or member of domestic or international arbitration panels, special referee and statutory commissioner
  • Mediated a wide variety of disputes
  • Ethics Commissioner, 2010 Vancouver Olympic Games
  • Member of BCICAC, JAA and ICC panels
  • Canadian Public Accounting Officer
Professional and Other Activities

  • Written and spoken on a variety of legal topics
  • Founding Director, BC Law Institute
  • Founding President, Law Courts Education Society
  • Queen’s Counsel, 1996
  • BC Law Society’s Begbie Award for Exceptional Service, 1998
  • UBC Law Alumni Association Achievement Award, 2009
Academic Qualifications

University of British Columbia, LL.B, 196

Marvin R.V. Storrow

Professional Experience

Mr. Storrow is a senior litigation partner involved in arbitration, mediation, civil and criminal law. His expertise includes general commercial litigation, personal injury, native claims, general commercial litigation, criminal law, environmental law, “White Collar Crime”, anti-dumping and international trade cases

His practice has involved numerous appearances at all levels of the provincial and federal court systems, including numerous appearances before the Supreme Court of Canada. Mr. Storrow was counsel on the leading First Nations cases of Guerin v. Her Majesty the Queen, R. v. Sparrow, Roberts v. The Queen, and R. v. Gladstone at all court levels along with a number of aboriginal rights and other leading Canadian cases including ApsassinDelgamuukwandErmineskin v. Her Majesty the Queen. Three of his cases have been ranked by Canadian legal scholars as among the top 15 most important cases in Canadian legal history.

Mr. Storrow has conducted several trials at all Court levels in the Northwest Territories and in every province of Canada except Prince Edward Island.

Mr. Storrow’s cases appear approximately 500 times in various Canadian legal reports.

Mr. Storrow is recognized annually in The Canadian Legal Lexpert Directory as one of the leading lawyers in Canada.

Dispute Resolution Experience and Training

Mr. Storrow has been involved with a wide variety of litigious matters and alternative dispute resolution matters over the past 47 years.

  • Arbitrator since approximately 1985
  • Chartered Arbitrator – ADR Institute of Canada
  • Member of the arbitrator panels of the British Columbia International Commercial Arbitration Centre, the British Columbia Arbitration and Mediation Institute and the Alternative Dispute Resolution Institute of Canada
Professional and Other Activities

  • Recipient of the Chief Justice James Valentine Milvain, Visiting Chair in Advocacy (University of Calgary) in 1987. This Award is awarded to a leading Canadian barrister.
  • The Georges A. Goyer, Q.C. Award for exceptional contributions to the legal profession.
  • Mr. Storrow was awarded the University of British Columbia Alumni Association’s Lifetime Achievement Award. This Award is given to recognize an extraordinary individual who through a lifetime of outstanding service and contribution to the community has demonstrated the true spirit of the Association’s mission.
  • Mr. Storrow has received an LL.D. (honoris causa) Doctorate Degree from the Justice Institute of British Columbia.

Mr. Storrow has written and lectured on a number of “White Collar Crime”, “Aboriginal Rights”, “Medicare in Canada” “Child Pornography” and several other matters and acted as defence counsel in one of Canada’s first money laundering cases.

Mr. Storrow has been a frequent lecturer and conference co-ordinator for both the Continuing Legal Education Society of B.C. and the University of British Columbia Law School. He has delivered lectures and chaired panels both inside and outside of Canada as well as at the University of Victoria, School of Public Administration; Canadian Institute for the Administration of Justice; The International Centre for Criminal Law Reform & Criminal Justice Policy, Canada; Trial Lawyers Association of British Columbia and Pacific Business & Law Institute, the University of Calgary Law School and Pacific Business & Law.

Academic Qualifications

University of British Columbia, LL.B., 1962
Admitted to the British Columbia, Alberta and Northwest Territories Bars

Mr. Robert M. Smith

Professional Experience

Robert M. Smith, Esq., has more than 20 years of commercial litigation and trial experience. He was responsible for overseas litigation worldwide at Bank of America. Subsequently, he had his own commercial litigation firm representing three dozen financial institutions. Prior to law school, Mr. Smith was a correspondent in the Washington Bureau of the New York Times.

Mr. Smith is a Barrister (Inner Temple, Lincoln’s Inn) in the UK. He is admitted to the Bars of California, New York, and the District of Columbia. He is fluent in French and German, and speaks intermediate Spanish.

Mr. Smith has commercial law experience that includes such matters as: high-tech lending, sexual harassment, computer license disputes, project finance, international letters of credit, construction disputes, insurance coverage, and personal injury.

Dispute Resolution Experience and Training

Robert M. Smith has been an arbitrator and mediator for more than 20 years. He has mediated hundreds of complex matters in a wide range of subject areas and in many jurisdictions. He was Director of Mediation at CEDR (Centre for Effective Dispute Resolution) in London, as well as a Registered Mediator and Chartered Arbitrator in the UK. He has lectured on ADR widely—at the Law Faculty of Oxford University, the United Nations in Turin, Nairobi, Warsaw, Dublin, Singapore, and Amsterdam. He is the author of ADR for Financial Institutions (West Group, 2d ed. 1998, 1200 pp.).

Mr. Smith has completed more than 400 hours of mediation/arbitration training and teaching, including:

  • Practicum for Experienced Mediators, CDR Associates, Boulder, Colorado, 09/1994, 32 hours
  • Mediation Seminar, Stanford Law School, Palo Alto, California, 06/1994, 20 hours
  • Mediation Training, American Academy of Attorney-Mediators, Oakland, California, 01/1993, 15 hours
  • Mediation Training, American Arbitration Association, San Francisco, California, 01/1993, 15 hours
  • Mediation & ADR Training, National Institute for Trial Advocacy, Denver, Colorado, 09/1992, 24 hours

Mr. Smith’s mediation style depends on the wishes of the parties and counsel, and his sense of what is appropriate and likely to be effective.

Mr. Smith has more than 250 references from law firms and corporate and government law departments on five continents. For more representative matters, expanded biography, references and testimonials, please see www.robertmsmith.com

Professional and Other Activities

Mr. Smith serves, or has served, as a mediator or arbitrator on the following panels:

  • UN’s World Intellectual Property Organization in Geneva, Switzerland
  • the World Bank
  • London Court of International Arbitration
  • Arbitration Subcommittee to the U.S. Council for International Business
  • Centre de Médiation et d’Arbitrage de Paris (CMAP) – Médiateur Agréé
  • Center for Public Resources, Panel of Distinguished Neutrals

Mr. Smith has been elected a Fellow of:

  • the American College of Civil Trial Mediators
  • the Hong Kong Institute of Arbitrators
  • the International Academy of Mediators
Academic Qualifications

JD, Yale Law School (Board of Editors, Yale Law Journal)
MS in Journalism with High Honors, Columbia University
MA in International Affairs, Columbia University
Diploma Sobresaliente, Centro de Estudios de Español (Barcelona)
Fulbright Scholar, University of Tübingen (Germany)
AB with Honors, Harvard College

Hon. Walley Oppal

Professional Experience

Wally is an experienced counsel and strategic advisor. His practice focuses on alternative and traditional dispute resolution as well as Aboriginal law.

After graduation from the University of British Columbia Law School, Wally went into private practice for a number of years. During this time he was appointed as a Special Prosecutor on many high profile criminal and commercial cases.

In 2005, he was appointed as Attorney General of British Columbia and served as Minister Responsible for Multiculturism until 2009. Wally was involved in many significant reforms of the justice system, including the establishment of Canada’s first community court to deal with chronic offenders, developing new Rules of Court in order to promote quicker resolution of disputes and developing new initiatives in dealing with violence against women.

A lifetime resident of British Columbia, Wally has dedicated his entire working life to the pursuit of social justice and community safety. His landmark report on policing in British Columbia led to many policing reforms after its publication in 1994. Wally’s service to the public of this province, most recently as Commissioner of the Missing Women Commission of Inquiry, is of special significance.

Dispute Resolution Experience and Training

Trial and Appellant Judge for 23 years. As a Supreme Court Judge mandatory to attend Dispute Resolution Workshops.

Professional and Other Activities

Wally has been recognized with several awards, including the Georges A. Goyer, QC, Distinguished Service Award (2000), the Lawyers Assistance Program of B.C., Lawyer Helping Lawyer Award (2007) the Anthony P. Pantages, QC, Medal for Outstanding Contributions in the Field of Public Safety (2005) the RBC Mehfil Magazine, Lifetime Achievement Award (2010), and with an Honorary Doctor of Laws, University of the Fraser Valley (2010).

Wally has recently been appointed to the Board of Directors for the Dr. Peter AIDS Foundation. He is Chairman of the Simon Fraser University India Advisory Council and a member of the Golden Key International Honour Society. He was appointed Commissioner of the Missing Women Commission of Inquiry in September 2010 and as Chancellor of Thompson River University in February 2011.

Academic Qualifications

University of British Columbia, LL.B. 1967
Year of Call: 1967 (B.C.)

David Wotherspoon

 

Professional Experience

David Wotherspoon, partner, is a member of the firm’s Commercial Litigation and National Technology & Intellectual Property (IP) Groups. He is a commercial litigator whose practice is primarily in the areas of intellectual property, technology and defamation. David has assisted clients in all corresponding facets: counterfeiting, advertising disputes, and software & product development disputes.

His prior experience as a news photographer led to his curiosity in media issues. It transferred into his legal career as he pursued matters of defamation and media issues, such as publication bans.

To date, David has provided advice and expertise in more than 100 defamation matters.
Many of David’s cases have involved protecting businesses that have been targeted in a way that requires intense and swift action and often injunctions to safeguard clients’ rights.

David continually delivers extraordinary success in this particular area of his practice.
For more than a decade, David has also been involved in technology disputes – typically more
complex transactions that include meticulous contract and document reviews, and careful but
aggressive pursuit of clients’ rights.

No matter what legal role David assumes for his clients, he always applies a business-oriented
approach. David finds a business solution first, bearing in mind that the best result may ultimately include litigation. It was this tactical approach that helped pioneer the firm’s own Litigation Management protocol – a systematized tool that not only provides clients with guidelines, options, plans for anticipated outcomes, calculated strategies and effective solutions, but uniquely engages them so that they are actively co-piloting the process to satisfaction.

Dispute Resolution Experience and Training

David is shifting his practice more towards representing clients as counsel and acting as an arbitrator (specifically in domain name disputes), and counsel in arbitrations involving IP and technology.

  • Arbitrator of .ca domain name disputes for the past 10 years
  • Counsel in.ca and .com domain name disputes since UDRP implementation
  • Recently began as arbitrator in technology disputes
  • Counsel in a number of technology arbitrations for the past 10 years
Professional and Other Activities

“The Arbitration Tribunal and Equitable Relief: An Update from the British Columbia Court of Appeal” (The Advocate, May 2009)
Electronic Evidence and E-Discovery (Butterworths: Toronto, 2010)

Academic Qualifications

B.A. (Hons), Simon Fraser University, 1986
M.A., University of British Columbia, 1988
LL.B., University of British Columbia, 1991

Herbert S. Silber

Professional Experience

Herb Silber was the senior litigation partner with Kornfeld Mackoff Silber and is now Associate Counsel at Kornfeld LLP. Herb’s career in litigation has primarily focused on real estate and contract litigation, lease arbitration and employment law. He co-counselled one of the largest commercial fraud cases in Canadian history, which included precedent-setting decisions on directors’ liability. Herb’s securities and corporate litigation experience includes shareholder oppression actions, proxy fights, and fraud claims. His successes in this area have resulted in decisions that have influenced corporate law and damage recovery principles. Herb’s employment law practice includes appearances as counsel in many wrongful dismissal trials and appeals, negotiations for severance packages and advising on group terminations. Herb has regularly appeared in both the Supreme Court of British Columbia and the British Columbia Court of Appeal.

Herb has increasingly taken on the role of arbitrator and mediator in commercial disputes. He is a graduate of an intense five-day mediation workshop organized by the Harvard University, School of Negotiation. Herb brings to an arbitration or mediation a strong combination of experience, knowledge and understanding of the goals to be achieved.

Herb was a member of the Board of Governors of the British Columbia Institute of Technology (BCIT) from 2013 to July 31, 2018. He has been a long time member of the Audit and Finance Committee and a representative of the Board on the BCIT Foundation, which both manages assets for BCIT and raises private donations. In 2014, on the recommendation of the Justice Minister for the Government of British Columbia, Herb was appointed Queen’s Counsel in recognition of his distinguished legal career. From 2012 to 2018, Herb was a member of the BC Health Professions Review Board, appointed by the Province of B.C. The Review Board is an Administrative Tribunal established to provide independent reviews of certain decisions of self-governing health professional colleges.

Herb has also served for many years on the boards and as an executive of a variety of non-profit organizations.

Dispute Resolution Experience and Training

  • Counsel on many Arbitration cases involving Real Estate and Contract law in particular.
  • Has also been either the sole Arbitrator or part of a panel on many cases in those practice areas as well as a Mediator.
  • Graduate of Harvard Negotiation Institute on Mediation.
  • As a member of the Health Profession Review Board was Chair and member of a panel on both written and oral hearings,  he wrote many decisions, and participated in successful mediations.
  • Admitted as a Fellow of the Chartered Institute of Arbitrators, FCIArb.
Professional and Other Activities

  • Rated by peers as BV by Martindale and Hubbell for many years.
  • Designated Queen’s Counsel in 2014.
  • Lectured at CLE program on Directors Liability.
  • Edited several articles published in the Advocate and other Publications.
  • A long time member of the Canadian Bar Association.
  • Organized and appeared as panel participant at BCMAI Symposium on arbitration-related topics.
  • Written a Blog for several years for clients and lawyers on Dispute Resolution issues.
  • Organized seminars with law firms to present on benefits of arbitration.
  • Written articles on Arbitration for VanIAC (formerly BCICAC) published in the “Advocate”.
Academic Qualifications

Fellow of the Chartered Institute of Arbitrators, FCIArb.

Graduate of the Harvard Negotiation Institute on Mediation

Osgoode Hall Law School, York University, LLB

University of British Columbia, BA

Kerry Alan Short

Professional Experience

Kerry Short has practiced over thirty years as an insurance defence lawyer and has conducted many trials and appeals. Kerry has been appointed as a mediator and arbitrator on a range of disputes, from two-party personal injury, construction and insurance coverage cases to more complex multi-party litigation.

Dispute Resolution Experience and Training

Kerry has acted as sole arbitrator on a number of matters over the past 15 years. He has acted as mediator over the past 10 years on a wide range of cases. His training has included all civil CLE mediation courses and a one week mediation training course at Pepperdine University in 2017.

Professional and Other Activities

Kerry is a former fellow of the Canadian College of Construction Lawyers, is recognized by his peers as a leading lawyer in professional liability with Lexpert, has been recognized by Best Lawyers in Canada in construction law since 2008, and has been named as a leading lawyer in insurance law since 2012.

Academic Qualifications

University of Victoria, B.A. (History) 1979
University of British Columbia LLB 1982

Robert B. Morton

Professional Experience

Attorney-at-Law (now semi-Retired) formerly engaged in complex civil litigation and Trial and Appeals Court Practice, on behalf of both plaintiffs/claimants and defendants/respondents. Admitted to practice in the State and Federal Courts of Illinois (1982-2008); and admitted practice before the U.S. Court of Appeals for the Seventh Circuit and the U.S. Supreme Court Bar, (1983-2008). Formerly, served as Assistant Attorney General for the State of Illinois, and more recently serving in Law Enforcement as a part-time sworn Police Officer. Also, formerly licensed as Real Estate Broker in State of Illinois (1997-2008).

25+ Years of Litigation experience in Trial and Appeals Practice in state and federal courts, and as a certified National/International Commercial Arbitrator.

Litigation and Dispute Resolution Experience includes the following areas: Contracts; Injunctions and TRO’s; Securities and Investments; Finance and Trade; Real Estate; Corporations; Partnerships; Intellectual Property rights — including Trade Secrets, Trademarks, Copyrights and Non-Compete Agreements; Probate/Estate/Will/Trust Contests; Labor and Employment Law — including Discrimination, Civil Rights, Wrongful Discharge; Negligence, Personal Injury and Insurance Coverage disputes — including Automobile Accidents, Product Liability, Malpractice, Construction & Design Defects; Consumer Rights, Creditor, Fraud, RICO; and Class Actions.

Dispute Resolution Experience and Training

Robert Morton is a highly experienced commercial Arbitrator, presided in more than 100++ Arbitration hearings, and has been accredited by these national & international ADR Organizations (past and present):

  • ICC International Court of Arbitration/US Council for International Business (USCIB) – list of approved International Commercial Arbitrators
  • International Bureau of the Permanent Court of Arbitration (PCA) – list of approved Arbitrators
  • Hong Kong International Arbitration Centre (HKIAC) – approved International Arbitrator panelist
  • Indonesian National Board of Arbitration (BANI) – approved International Arbitrator panelist
  • Kuala Lumpur Regional Centre for Arbitration (KLRCA) – approved International Arbitrator panelist
  • Beijing Arbitration Commission – Panel of International Commercial Arbitrators
  • China International Economic and Trade Arbitration Commission (CIETAC) – approved International Commercial Arbitrator
  • British Columbia International Commercial Arbitration Center (BCICAC) – approved International Commercial Arbitrator panelist
  • World International Property Organization (WIPO) – approved Int’l Intellectual Property Arbitrator
  • Arbitration Center of Mexico – registered International Commercial Arbitrator Panelist
  • Vienna International Arbitral Centre (VIAC) – approved List of Arbitrator Practioners
  • The Cairo Regional Centre for International Commercial Arbitration (CRCICA)
  • The Association of Arbitrators of Southern Africa – approved Panel member
  • Asian Domain Name Dispute Resolution Centre (ADNDRC)
  • American Arbitration Association – certified commercial Arbitrator
  • ADR Systems – approved Commercial and Employment Arbitrator
  • Mauritius Chamber of Commerce and Industry Permanent Court of Arbitration – panelist
  • NASD Arbitrator Training Lecturer – Former invited Speaker at National Arbitrator Skills Training Conference on presiding as Arbitrator/Chair in cases involving Emergency Interim Injunctions, Trade Secrets and Non-Compete Agreements
  • National Future’s Association- certified public Arbitrator
  • New York Stock Exchange – certified (public) Arbitrator
  • Chicago Board Options Exchange- certified (public) Arbitrator
  • Cook County Court Mandatory Arbitration Program- certified Arbitrator and Chairman
  • Illinois State Board of Education – certified Hearing Officer for tenured Teacher dismissal cases
Professional and Other Activities

Arbitrator Training Lecturer – Former invited Speaker at N.A.S.D. National Arbitrator Skills Training Conference – Topic: presiding as Arbitrator in cases involving Injunctions, Trade Secrets, and non-compete agreements.

Honours

  • Judicial Candidate in 2002 Elections for Circuit Court Judge of the 19th Judicial Circuit (Lake & McHenry Counties, IL.). Rated “Well-Qualified” for Circuit Judge by Supreme Court Blue-Ribbon Judicial Screening Committee.
  • Licensed as Attorney in State of Illinois (1982-2008), U.S. District Court for N.D. IL. (Trial Bar), U.S. Court of Appeals for Seventh Circuit, and admitted to the Bar of the U.S. Supreme Court.
  • Law Enforcement experience – former part-time sworn Police Officer – northern Illinois suburbs
  • Licensed Real Estate Broker in State of Illinois (1997 – 2008)
Academic QualificationsB.A., Political Science, University of Michigan, 1978- Summa Cum Laude and Pho Beta Kappa
J.D., Harvard Law School, 1982

Rose Keith

Professional Experience

Rose is Associate Counsel with Harper Grey and brings over 25 years of experience to her broad civil litigation practice.

Her focus on Workplace Law has provided her with extensive experience advising both employers and employees on employment related matters including wrongful dismissal, constructive dismissal and human rights.

Her general civil litigation practice has included plaintiff’ s personal injury matters relating to sexual abuse claims, UMP claims, defamation, misappropriation, contractual breaches and sales of businesses. Her commercial litigation experience has exposed her to a broad spectrum of maters including real estate disputes, shareholder and partnership disputes, injunctions, fraud and product liability litigation.

Rose is a member of the Mediate BC roster and has experience adjudicating claims through being a member of the CRT. Rose also has experience arbitrating claims both as counsel and as an arbitrator.

Dispute Resolution Experience and Training

  • Roster member of Mediate BC
  • Extensive experience acting as a mediator in a diverse range of claims including personal injury, contractual breach, workplace matters and estate claims
  • Experience in mediating multi party claims
  • Extensive experience as counsel representing clients in mediations and arbitrations
  • Past member of the Civil Resolution Tribunal with experience adjudicating strata claims and other small claims
Professional and Other Activities

Member, CBA Government Relations Committee
Roster Member, Mediate BC
Admitted to the Bar, 1993
Board Member, Trial Lawyers Association of BC
Chair, CBA Auto Insurance Committee
Editorial Board Member, CIVJI
Past Part Time Member, Civil Resolution Tribunal
Vice Chair, CBA Women’s Lawyer Forum
Past President, Trial Lawyers Association of BC
Member, Chartered Professionals in Human Resources
Member, Law Society of British Columbia
Member, Canadian Bar Association

Academic Qualifications

Appointed Queen’s Counsel, 2019
Justice Institute of BC, Separate Meetings – Pre-mediation and Caucusing, 2018
Justice Institute of BC, The Art of Reframing, 2018
Continuing Legal Education of BC, Med-Arb Training for the DR Professional, 2018
Continuing Legal Education of BC, Advanced Skills for Non-Family Mediators, 2017
Justice Institute of BC, Foundations of Collaborative Conflict Resolution, 2017
Continuing Legal Education of BC, Fundamentals of Mediation, 2016
University of Saskatchewan, J.D., 1992
University of Saskatchewan, B.A., 1989

 

Michael P. Carroll

Professional Experience

Michael Carroll, Q.C., is counsel to the firm DLA Piper. Throughout his career he has practised general litigation with an emphasis on commercial and corporate disputes. He has appeared in cases at all trial and appellate levels including the B.C. Supreme Court and Court of Appeal, Supreme Court of Canada, Federal Court of Canada, Superior Court and Court of Appeal of Québec, Court of Queen’s Bench of Alberta and the Supreme Courts of the Northwest Territories and Yukon. He has also appeared before an international panel of arbitrators in Washington, D.C., in a dispute under the North American Free Trade Agreement. Since January 2007, his practice has focused on domestic arbitration and mediation. Originally from Montréal, Michael began practicing in Québec in 1968 where he was a partner in the firm of Martineau Walker until 1980 when he moved to Vancouver. Michael was the managing partner of DLA Piper (Canada) LLP from 1986 through 1989.

Dispute Resolution Experience and TrainingMediation Experience

Michael has acted as Mediator in over 100 disputes in a wide variety of commercial matters including claims involving multiple Plaintiffs and Defendants. Some examples are Real Estate ( REDMA, Strata Property Act claims) construction law, Professional Liability of accountants and lawyers, claims for breach of contract, fiduciary duties, negligent and fraudulent misrepresentation, Forestry Act disputes, and bankruptcy and insolvency priority claims.

Arbitration Experience

Michael has acted as a sole arbitrator and chaired arbitration panels in Alberta and British Columbia in numerous commercial disputes. Examples are claims for breach of contract or fiduciary duties, negligent and fraudulent misrepresentation claims, Professional Partnership disputes, employment law matters, and disputes between doctors and Provincial Health Authorities.

Training

Has attended mediation training sessions conducted by CLE and Dispute Resolution Inc and Arbitration training sessions conducted by the Western Canadian Commercial Arbitration Society.

Professional and Other Activities

  • Appointed Queen’s Counsel, 1996
  • Best Lawyers in Canada (Alternative Dispute Resolution), 2006-2017
  • Expert Guides: Guide to the World’s Leading Litigation and Product Liability Lawyers, 2014
  • AV® Preeminent™ Peer Review Rated by Martindale Hubbell
  • President, Golf Canada, 2013
  • Chair, Air Canada Championship (PGA Tour golf tournament), 2000-2002
  • Director, Physical Medical Research Foundation, 2000-2003
  • Director, Tantalus Management Inc., 2000-2005
  • Member, Advisory Board, Willis Canada Inc., 2002-2006
  • Member, Arbutus Club, Vancouver, B.C.
  • Member, Pt. Grey Golf Club, Vancouver, B.C.
Academic QualificationsLL.L., Laval University, 1967
B.A., McGill University, 1964