Arbitration

The Honourable Michael L. Phelan (former Justice of the Federal Court of Canada) and Jean Bédard K.C., Q. Arb. (past Chairperson of the Canadian International Trade Tribunal) are available to mediate or arbitrate disputes. Both have extensive experience in federal regulatory matters and complex commercial/economic proceedings.

Arbitration and mediation are invaluable tools for the resolution of disputes. Arbitration provides many advantages over traditional litigation, including allowing parties to determine the choice of law, venue and rules, as well as being a faster solution than litigation.

Mediation provides a means by which parties can flexibly and creatively develop solutions which would not be possible in traditional litigation. Mediation allows for a confidential process that allows parties to better assess at a much earlier stage whether settlement is the best course of action.

Both processes can be particularly effective when there is a need to preserve an ongoing contractual or business relationship, as there is the potential to avoid the protracted nature and animosity associated with lengthy court proceedings. Parties are able to resolve the dispute in a principled and effective manner without jeopardizing the overall relationship.

The key to the success of any alternative dispute process is to have the right arbitrator or mediator in place.

The Honourable Michael L. Phelan, former Justice of the Federal Court, is available to mediate or arbitrate disputes across a broad range of practice areas, including: competition law; intellectual property; indigenous disputes, governance and claims matters; class actions; all modes of transportation; environmental disputes; labour/human rights; access to information and privacy; discrimination; workplace disputes; and wrongful dismissal.

Mr. Phelan served as a Justice of the Federal Court from 2003 until 2022 and as a judicial member of the Competition Tribunal from 2005 to 2012 and again from 2016 to 2022. Prior to his appointment to the Federal Court, Mr. Phelan was a Senior Litigation Partner and Managing Partner at Ogilvy Renault (now Norton Rose Fulbright Canada) from 1999 to 2003. From 1985 to 1999, he was a Partner at Osler, Hoskin & Harcourt in Ottawa.

In addition to his work with Conlin Bedard, Mr. Phelan is on the roster of neutrals for ADR Chambers (Toronto) and the World Intellectual Property Organization (WIPO – Geneva, Switzerland).

Jean Bédard, K.C., Q. Arb., past Chairperson of the Canadian International Trade Tribunal, is accredited as an arbitrator by the Barreau du Québec and holds the designation of Qualified Arbitrator granted by the ADR Institute of Canada. He has adjudicated disputes in various capacities since 2002. As a Member and then Chairperson of the Canadian International Trade Tribunal, Mr. Bédard adjudicated complex disputes relating to trade and customs law and government procurement.

In 2021, Mr. Bédard was appointed by the Government of Ontario as a member of the Health Professions Appeal and Review Board and of the Health Services Appeal and Review Board. Mr. Bédard acts as an arbitrator across a range of practice areas, including international trade proceedings in matters related to anti-dumping and countervailing duties, customs appeals, and procurement challenges, and other commercial matters. Mr. Bédard is on the European Commission’s list of individuals suitable for appointment by the European Commission for the position of Chairperson for Arbitration dispute settlement panels under trade agreements to which the European Union is a party.

Conlin Bedard has a team of highly experienced arbitration/mediation counsel, including international investor-state arbitrations under CUSMA/NAFTA, domestic commercial arbitration and dispute resolution in the context of Indigenous communities.