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

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

Kent G. Woodruff

 

Professional Experience

  • 1972-1991- General practice in Kamloops
  • 1991-1997-Litigation Counsel, insurance, land compensation, commercial leases, contractual, construction (court & arbitration) and appeared before Federal and Provincial administrative tribunals
  • For the last 21 years restricted his practice to alternate dispute resolution.
Dispute Resolution Experience and TrainingMediation experience:

  • Mediated over 300 commercial disputes – personal injury, estates, insurance, partnership, construction, strata, environmental damage, property, farm & ranch, forestry, intergovernmental, ALR Community Issues, workplace , Work safe Discrimination

Arbitration experience:

  • 1996 – 2008 adjudicated Residential Tenancy Disputes
  • Conducted domestic commercial arbitrations involving strata, employment, sale of businesses, commercial leases (renewals and other disputes), farms, forestry disputes, insurance (including Referee and UMP coverage), joint ventures, partnerships, professional negligence, construction and corporate disputes.
  • The appointed Appeal Arbitrator under the Canada – British Columbia Crop Insurance Program

Alternate Dispute Resolution Training:

  • Provided alternate resolution training to companies, organizations and the government of BC.
  • Developed and taught the Thompson Rivers University course entitled Conflict Resolution in the Environment

Chartered Mediator, 2001
Chartered Arbitrator, 1994
McGowan Award of Excellence –ADR Institute of Canada, 2000

Professional and Other Activities

  • A Past President of the ADR Institute of Canada and of the British Columbia Arbitration and Mediation Institute
  • A British Columbia International Commercial Centre Trustee

Member:

  • British Columbia Arbitration & Mediation Institute
  • Kamloops Fly Fishers Association
  • British Columbia Wildlife Association
  • Kamloops and District Fish & Game Association
  • Wild Sheep Society of BC
  • Kamloops Bar Association
Academic QualificationsUniversity of Ottawa, B. Comm., 1963
University of Western Ontario, B.L., 1972
Called to the British Columbia Bar in 1973

David S. C. Ngai

Professional Experience

David Ngai has over 30 years experience as a Chartered Quantity Surveyor in North America, Asia and Europe. David also has over 30 years experience in Building and Civil Engineering Projects.

Dispute Resolution Experience and Training

  • ICBC Arbitrator, 2003
  • Arbitrator since 2000
  • BCAMI – Part 1, 2000, Part 2, 2001, Part 3, 2002
Professional and Other Activities

  • Instructor at BCIT since 1999 – Excellence Award 2009
  • Professional Fellowship – Royal Institution of Chartered Surveyors (U.K.)
  • Professional Member of Quantity Surveyor of British Columbia
  • Professional Member of Canadian Institution of Quantity Surveyors
  • Member of American Association of Cost Engineers (U.S.)
  • Gold Seal Certified of Canadian Construction Association
  • Chartered Member of British Columbia Arbitration and Mediation Institute
  • Chartered Member of Vancouver International Arbitration Centre
  • Chartered Member of ADR Institute of Canada
Academic Qualifications

Bachelor of Law – Honors 1995

 

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)

 

Anton M.S. Melnyk

Professional Experience

Principal of Melnyk Law, Barristers and Solicitors.

  • Over 40 years practice in a wide range of law, including commercial, corporate, tax, labour, and administrative law.
  • Appeared before the Alberta Trial and Appeal Courts, Tax Court and Federal Court of Canada Acted as Counsel to the Classification Appeal Board, Public Service Appeal Board, Occupational Health & Safety Council, the Alberta Labour Relations Board and Environmental Council of Alberta.
  • Acted as Vice-Chairperson of the Alberta Board of Industrial Relations.
  • Acted as Chairperson in numerous labour, commercial, landlord-tenant, automobile and electrical industry arbitrations.
  • Taught labour law, arbitration law, and tax law in the Law and Business Administration Faculties of the University of Alberta.
Dispute Resolution Experience and Training

Appointed Queen’s Counsel 1981 and Awarded the Chartered Arbitrator designation 1990. Arbitral and ADR appointments include:

  • Grievance Arbitration Roster under the Labour Relations Code of Alberta (1994 – )
  • Arbitrator under the Canadian Motor Vehicle Arbitration Plan (1994 – 2008)
  • Sahtu Arbitration Panel (1995 – )
  • Arbitrator under the Western Grain Transition Payments Program (1995)
  • Part IV of the Canada Transportation Act Arbitrations (1998 – )
  • Domestic Canada Panel of the BCICAC (1998 – )
  • IDA – Alberta Securities Dispute Resolution Panel (2000 – 2009)
  • Province of Alberta Bid Protest Roster (2001 – 2009 )
  • Referee and Adjudicator under the Canada Labour Code (2002 – )
  • Gwich’in Arbitration Panel (2005 – )
  • Automobile Insurance Arbitrators Roster – Alberta (2005 – )
  • CIRA Domain Name Resolution Panel of the BCICAC (2006 – )
  • Arbitration Panel of the Sport Dispute Resolution Centre of Canada (2007 – 2010 )
Professional and Other Activities

  • Alberta Arbitration & Mediation Society
  • ADR Institute of Canada
  • Canadian Bar Association – Member of National and Provincial Councils (2000 – 2010)
  • Canadian Tax Foundation
  • Selected Publications (for full list, please contact Melnyk Law):
    • Ch. 3 Tax Law – Principles of Farm Law for Alberta Farmers, University of Alberta (1974)
    • Taxation of a Shareholder – TAX 2 – Canadian Bar Association, Intermediate Course on The Income Tax Act (1975)
Academic Qualifications

Harvard Law School, LL.M.,1963
University of Alberta – LL.B., Silver Medalist, 1962
University of Alberta, B.A., 1961

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

Gerald W. Ghikas

Professional Experience

Gerry Ghikas has over 35 years of experience as a trial lawyer, appellate advocate, arbitration counsel and commercial arbitrator. He has appeared as an advocate in numerous complex cases before Canadian courts, before administrative and regulatory tribunals and before international and domestic commercial arbitration tribunals seated in Canada, the United States, Europe and Asia. Gerry Ghikas has also served as an arbitrator in approximately 100 international and domestic cases. His experience spans a broad range of business and legal subject matters including, but not limited to, mining, oil and gas, electrical energy, forestry, banking, corporations and shareholders, securities regulation, officers and directors liability, intellectual property, technology, real estate, manufacturing and distribution, competition and anti-trust, partnerships, joint ventures and other contractual arrangements.

Gerry spent the first three years of his legal career as a solicitor, drafting leases, joint venture agreements, limited partnership agreements, financing and other documents. He is former managing partner of the Vancouver law firm Ladner Downs, and for many years chaired its Compensation Committee.

Dispute Resolution Experience and Training

  • 35 years of experience as counsel and commercial arbitrator, and occasionally as mediator
  • Advocate in numerous complex cases
  • Completed the Fellowship Accreditation course in International Arbitration of the Chartered Institute of Arbitrators (London) to be qualified as a Fellow
  • Completed accreditation course of BCAMI/ADRIC to be accredited as a Chartered Arbitrator
  • Arbitrator (sole arbitrator, chair or co-arbitrator) in over 100 international and domestic cases, either ad hoc or administered by BCICAC, ADRIC, ICC, ICDR etc.
  • Completed Commercial Mediation training offered by the CLE Society of British Columbia and served as mediator of complex commercial and partnership cases.
Professional and Other Activities

  • Fellow, Chartered Institute of Arbitrators (FCIArb.)
  • Chartered Arbitrator (CArb.)
  • Queens Counsel (QC)
  • Fellow, American College of Trial Lawyers (FACTL)
  • Recipient of National Award for Excellence in Dispute Resolution
  • Chair, Canadian National Arbitration Committee of International Chamber of Commerce
  • Canadian Delegate to UNCITRAL Working Group (Arbitration Rules Revision)
  • Member, CBA, ABA, IBA, ICC, LCIA, ICDR, ADRIC
  • Author of numerous articles on dispute resolution
  • Chambers Global, World’s Leading Lawyers for Business
  • Martindale Hubbell, AV Peer Review Rating
Academic Qualifications

University of Calgary, Bachelor of Arts with Distinction, 1970
University of British Columbia, Bachelor of Laws, 1973

Deborah M. Howes

Professional Experience

Ms. Howes, President and CEO of High Clouds Incorporated, is a facilitator, arbitrator, mediator, and trainer. She works in commercial, consumer, municipal, workplace and labour relations, consumer, and condominium. Deborah trains administrative tribunals on best practices. She was the Executive Director of the Foundation of Administrative Justice.

Dispute Resolution Experience and Training

Her mediation practice includes two-party and multi-party matters. She is a roster mediator for Alberta Employment & Immigration – Mediation Services and Alberta Land Surveyors’ Association,

She is an arbitrator on a number of Canadian panels, including the Alberta New Home Warranty Arbitration Plan, Alberta Labour Grievance Arbitration Roster, Alberta Municipal Affairs – arbitration and med/arb rosters, Automobile Insurance Dispute Resolution Committee, AMEX Dispute Resolution Roster, Canadian Panel for Domestic Commercial Arbitration – BCICAC, Service Alberta, American Dispute Resolution Center, Inc., International Dispute Resolution Center and American Arbitration Association. She has been appointed by the Alberta courts as arbitrator. Ms. Howes was a member on the Public Service Labour Relations Board, and Vice Chair on the Alberta Labour Relations Board; she practiced law with Duncan & Craig.

  • Practicing arbitrator since 1991 – sole or chair of panels
  • Practicing med/arb since 2002
  • Practicing mediator since 1993
  • Roster arbitrator or mediator on various provincial, national and international rosters.
  • Certificate in Arbitration
  • Certificate in Conflict Management
  • 30 + years’ experience developing and instructing arbitration, mediation, conciliation programs
Professional and Other Activities

  • Chartered Arbitrator
  • Chartered Mediator
  • International Mediation Institute Certified
  • Fellow of the Canadian Condominium Institute
  • Co-author – Condominium Management & Labour Relations Legislation: Practitioner’s Manual
  • Advisor on Let’s Talk -guide to resolving disputes
  • Co-founder – Foundation of Administrative Justice – training administrative tribunals
  • Trainer for the Siksika Nation for the Aiskapimohkiiks Tribunal
Academic Qualifications

  • Diploma in Chemical Research Technology (Hon.), 1972
  • Bachelor of Arts, 1987
  • Bachelor of Laws, 1988
  • Certificate in Arbitration
  • Certificate in Conflict Management
  • Certificate in Tribunal Administrative Justice

 

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