Archive for the ‘Firm News’ Category

Heydary Hamilton PC Lawyer – Speaker at the Annual Meeting of the American Bar Association in Toronto – International Arbitration

Thursday, August 11th, 2011

David Alderson*, of  Heydary Hamilton PC , Toronto, with other panel members, Nancy Thevenin, of Baker & McKenzie LLP, New York and David Lindsey of Chaffetz Lindsey LLP, New York, and panel co-coordinator, Gustavo Lamelas, of DLA Piper LLP, Miami, spoke at the Annual Meeting of the American Bar Association held August 4-9, 2011, in Toronto, Canada.

The panel convened and spoke at the ABA Annual Meeting, Section of Litigation event “Strategic Choices in International Arbitration: the Impact of Forum Selection and Choice-of-Law Decisions”.

David Alderson spoke on the subjects of the competence- competence doctrine, severability (separability) and judicial intervention in determining the jurisdiction of a tribunal; and the enforcement of arbitral awards, including public policy exclusion to enforcement and the effect of local limitation periods in the recognition and enforcement of foreign arbitration awards in UNCITRAL / Model law jurisdictions.

*David practices with Heydary Hamilton PC , Toronto, primarily in the fields of complex litigation and arbitration, including international disputes. He has been admitted to practice in Ontario (Canada), England and Wales, Bermuda and New York State.  He has practiced with Holman Fenwick & Willan in London, a firm operating in 12 countries throughout Europe, the Middle East, the Far East, South East Asia and Australia;  Conyers Dill and Pearman in Bermuda, a practice in 10 jurisdictions, including the Caribbean, Middle East, Far East, Europe, South America and South East Asia; and Afridi and Angell in Dubai, which had offices in New York, Washington, Pakistan and throughout the UAE.

His practice experience has focused on both domestic and international arbitrations; institutional and ad hoc arbitrations; expert determinations and valuations; and more rarely statutory arbitration. David has been professionally involved arbitrations in matters as diverse as reinsurance, construction, project finance, marine and maritime, business break-ups and commodities, including oil, grain and food products.

David has significant practice experience in the law of war and the legal consequences of war in the commercial world. David is the author and co-author of chapters of published works on attachment of assets, enforcement of money judgments and the regulation of securities. He blogs on matters of interest to those engaged in cross-border and international litigation and arbitration.

David Alderson, LL.B, LL.M (Lond.)

 

Brief informational summaries about commercial litigation matters in the courts of Ontario and other developments are periodically published on this website. They are intended to be a general comment or general discussion, not legal advice and should not be relied upon as legal advice. Should you require legal advice, please contact info@heydary.com or 416 972 9001.

Heydary Hamilton Lawyer Wins Motion for Particulars

Friday, February 4th, 2011

On February 4, 20011 Richard Hayles, a commercial litigator with Heydary Hamilton PC, appeared before Master Sproat of the Ontario Superior Court on behalf of a Dutch Manufacturer of horticultural equipment.

The Manufacturer had been sued by a commercial Greenhouse in Ontario, which claimed that equipment it had purchased from the Manufacturer did not function in accordance with certain representations that the Manufacturer and Distributor had made in order to induce the Greenhouse into purchasing the equipment.

The Manufacturer brought a motion seeking particulars of the alleged representations. Specifically,  the Manufacturer challenged numerous paragraphs in the Statement of Claim, and in a set of Answers provided by the Greenhouse to the Manufacturer’s Demand for Particulars, in which the Greenhouse alleged that the representations  had been made “repeatedly”, or “continuously”, over lengthy periods of time (ranging from nine months to  four and a half years).

Mr.  Hayles was able to convince Master Sproat that further particulars of these allegations were required.  In the words of the Master: “…it is my view that the dates of the alleged misrepresentations should and must be provided to meet the high threshold of material fact disclosure and  particularity of a misrepresentation claim.”

The Master was also persuaded that particulars were required of allegations by the Greenhouse to the effect that, after the equipment was installed, the Manufacturer  made repeated promises over extended periods of time to the effect that the Manufacturer and Distributor would fix the problem and make the equipment operational.  This was held to be relevant and required so that the Manufacturer could plead to issues of discoverability and waiver arising out of a limitation period  defence: “There is an added need for particulars in light of the ambiguity as to the relevant limitation period and whether the claim is barred.”

According to the Master, the fact that the Manufacturer had not filed an affidavit stating that the  particulars were not within its knowledge was no bar to the relief sought on a motion: “It is a fundamental tenet of pleading that the defendant be entitled to know case being  pleaded against him.”

In the end, the Master gave an order requiring the particulars requested by the Manufacturer, and ordered the plaintiff Greenhouse to pay over $6000 in costs.

Heydary Hamilton PC


Brief informational summaries about commercial litigation matters in the courts of Ontario and other developments are periodically published on this website. They are intended to be a general comment or general discussion, not legal advice and should not be relied upon as legal advice. Should you require legal advice, please contact info@heydary.com or 416 972 9001.

Heydary Hamilton Announces New Addition to the Firm

Tuesday, September 28th, 2010

Heydary Hamilton PC is pleased to announce that Richard Hayles has joined the firm.

Richard has practiced commercial and insurance litigation for over 25 years.  He has extensive experience in complex commercial disputes, life and disability insurance litigation, personal injury claims, commercial leasing and real estate litigation, and property and liability insurance cases.  He has acted in many mediations and arbitrations, and has appeared before all levels of court in Ontario.

Richard is the author of “Disability Insurance: Canadian Law and Business Practice”, Carswell – Search Catalogue the first Canadian textbook on disability insurance law, as well as many articles on a variety of topics in civil litigation.   For more details on Richard’s experience, please visit his bio page.

Heydary Hamilton PC

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Tuesday, July 27th, 2010

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