TARION WARRANTY CORPORATION BUILDER ARBITRATION FORUM. ROSTER OF ARBITRATORS (EFFECTIVE: May 12, 2015)

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1 TARION WARRANTY CORPORATION BUILDER ARBITRATION FORUM ROSTER OF ARBITRATORS (EFFECTIVE: May 12, 2015) NAME & CONTACT INFO Ackerley, Glenn W. WeirFoulds LLP Wellington Street West P.O. Box 480 Toronto-Dominion Centre Toronto, ON M5K 1B7 (T) (F) Mr. Ackerley is a Partner with the law firm WeirFoulds LLP and was called to the Bar in His practice is focused on issues arising in the construction industry and he is an experienced mediator and arbitrator of construction disputes. Mr. Ackerley is a Fellow of the Canadian College of Construction Lawyers and has been recognized as a leading construction law practitioner in both the Canadian Legal LEXPERT directory and Best Lawyers in Canada. He is a past Chairman of the Board of the Toronto Construction Association, and currently serves on the Board of the Canadian Construction Association. He is a member of the Construction Section of the ADR Institute of Ontario. Anschell, Deborah ADR Chambers 180 Duncan Mill Road, 4 th Floor Toronto, ON M3B 1Z6 (T) or (F) anschell@rogers.com Ms. Anschell is a lawyer with three decades of experience. She is currently working solely in alternative dispute resolution as a mediator and arbitrator with ADR Chambers. She has extensive experience adjudicating disputes having worked as an arbitrator of the Financial Services Commission of Ontario as well as a Deputy Judge in Small Claims Court. Her past legal experience has been in a variety of areas including insurance law and real estate with a recent focus on alternative dispute resolution. Page 1 of 7

2 Beaudry, Roger Aptus Conflict Solutions Inc. 45 O Connor St., Suite 1150 Ottawa, ON K1P 1A4 (T) (F) roger@aptusrx.com Mr. Beaudry is a lawyer, called to the Bar in 1985, who now practices as a mediator and arbitrator. As a lawyer he had a diversified litigation practice that involved representing builders. He has taught commercial arbitration and labour arbitration at the University of Ottawa Law School. He has taught alternative dispute resolution (ADR) internationally through other universities. He is on the arbitration and mediation rosters of various organizations. Mr. Beaudry has a very practical understanding of residential construction as a result of having worked as a helper to various trades when he was a student. He is completely bilingual and conducts a very significant part of his practice in the French language. Beifuss, Dr. Richard Beifuss International 953 Concession Road Fort Erie, ON L2A 6B8 (T) (F) doctorrichardbeifuss@yahoo.com Dr. Beifuss is a professional engineer, chartered arbitrator and mediator. He has more than 40 years experience within the construction industry and government. He has extensive expertise in alternative dispute resolution (ADR) in diverse claims such as housing, apartments, office building, schools, hospitals, Universities, churches, synagogues etc., roads, bridges, harbours, dredging, and facility maintenance contracts. He is also a speaker and lecturer to National and international groups on ADR and Contract Claims Management and Avoidance. Designed the arbitration course titles Fundamentals of Arbitration (which was accredited by the ADR Institute of Ontario and the Canadian Construction Association) which is offered at Carleton University and the University of Waterloo (Conrad Grebel) and continues to be offered on the internet. Dr. Beifuss is currently the Chair of the Education Committee of the ADR Institute of Ontario and past Director of the Greater Fort Erie Chamber of Commerce. He is the Assistant Governor of Area 7, District 7090, Rotary International. Page 2 of 7

3 Bennett-Martin, Elizabeth Bennett Gastle Professional Corporation 27 Old Kingston Road Toronto, ON M1E 3J6 (T) ext. 224 (F) Ms. Bennett-Martin brings a unique and helpful background as an arbitrator for the BAF roster. Ms. Bennett-Martin was a Vice-Chair on the Licence Appeal Tribunal for 7 years, the body to which all appeals of Tarion s decisions go. She sat as a neutral third party in disputes between Tarion, builders, and homeowners, applying the law as it stood relating to the Ontario New Home Warranties Plan Act. Prior to acting as an adjudicator, Ms. Bennett-Martin practiced litigation at a major Toronto firm as well as in-house counsel for two corporations. Ms. Bennett-Martin has developed a valued practice as an arbitrator with an expertise in corporate commercial litigation and insurance defence. Brooks, Rick Kelly Santini LLP 160 Elgin Street, Suite 201 Ottawa, ON K2P 2P7 (T) (F) rbrooks@kellysantini.com Mr. Brooks has an impressive background in construction law and over the course of his 35 year legal career, he has acted repeatedly as a mediator and arbitrator. Mr. Brooks current practice is mostly as a mediator and arbitrator as he is on the roster for the Sports Dispute Resolution Centre and the Ottawa Carleton district school board. A majority of his mediations are part of the Mandatory Mediation program in the Superior Court of Justice. He is currently a chartered mediator with the ADR Institute of Canada and has worked repeatedly in disputes as a mediator between builders and homeowners. Charuk, Theodore M. Ross & McBride LLP 1 King St. West, P.O. Box 907 Hamilton, ON L8N 3P6 (T) (F) tcharuk@rossmcbride.com Mr. Charuk is a lawyer, called to the Bar in His main area of practice is real estate, he has experience in both drafting and interpreting contracts and legislation in various areas of law including agreements related to new home purchases. He has also provided assistance to them when disputes arose due to faulty workmanship and other related complaints. As an Adjudicator, he has experience in hearing evidence and making decisions in difficult cases with complicated factual and legal situations. Mr. Charuk is currently an Adjudicator with the Consent and Capacity Board, Ministry of Health. Page 3 of 7

4 Colbourne, Doug Colbourne Associates 39 Old Mill Road, Suite 1402 Toronto, ON M8X 1G6 (T) (F) Mr. Colbourne is an arbitrator, a business graduate of UWO, a Chartered Accountant and previously a real estate agent. Currently he provides consulting and arbitration services for individuals and, governments for disputes related to land use, property assessment. He served for 32 years as a Member, Vice-Chair & Chair of the Ontario Municipal Board as an arbitrator. He chaired hearings related to land use, assessment, taxation, expropriation, environmental, natural resource and municipal finance matters. He currently Chairs a City of Toronto committee relating to land use matters. He acts as Hearing Officer for Hearings of Necessity for the Attorney General of Ontario. Recently served as a Commissioner on the Federal Electoral Boundaries Commission of Ontario. Recently arbitrated matters of valuation of Injurious Affection for several properties on the Bruce to Milton Hydro Transmission Corridor. Mr. Colbourne has served as Chair of the Assessment Review Board and Board of Negotiations adjudicating matters relating to property valuation and assessment and was Chair of Compliance Audit Committee for City of Toronto for candidate election expense issue. Gilbert, Lyon Out of Court Resolution Processes International Inc. 4A Millrise Lane Ottawa, ON K2G 5E5 (T) (F) lyon@outofcourt.com Mr. Gilbert is a retired litigation lawyer who was certified by the Law Society of Upper Canada as a specialist in civil litigation. He was called to the Ontario Bar in His practice was in all fields of commercial, construction and real estate litigation with extensive adjudicative experience (over 1000 cases) in home and builder disputes in the residential area. He currently practices as a professional mediator and arbitrator certified as both a Chartered Mediator and a Chartered Arbitrator, along with being a Roster Mediator for the Ontario Mandatory Mediation Program for the Superior Court of Justice in Ottawa and Toronto, and a member of the GIO panel for insurance property disputes. As he has done for the past 28, he continues to perform duties as a Deputy Judge in the Superior Court of Justice (Ottawa Small Claims Court). Mr. Gilbert is a Member of the Law Society of Upper Canada, the County of Carleton Law Association, REACH, the Association for Conflict Resolution in the United States, and the ADR Institute of Canada Inc. Page 4 of 7

5 Kanter, Ronald M. Macdonald Sager Manis LLP 150 York St., Suite 800 Toronto, ON M5H 3S5 (T) (F) Mr. Kanter is a lawyer who specializes in municipal, planning, building and environmental law. He represents owners, developers, builders, citizen groups, condominium corporations, municipalities and other public agencies and is familiar with many aspects of the construction process. A trained mediator and arbitrator, Mr. Kanter has arbitrated numerous cases, including a number for the Builder Arbitration Forum. He has also served as a municipal councilor and provincial legislator. Kelly, Stephen Kelly Santini LLP 160 Elgin Street, Suite 2401 Ottawa, ON K2P 2P7 (T) (F) skelly@kellysantini.com Mr. Kelly is a lawyer and was called to the Bar in His entire career has been spent in private practice. The primary focus of his practice is insurance litigation, a significant portion of which involves damage to and reconstruction of buildings including residential premises. He acted as a Vice-Chair of the License Appeal Tribunal and its predecessor the Commercial Registration Appeal Tribunal on a part-time basis. These Tribunals had jurisdiction to hear appeals under the Ontario New Home Warranties Plan Act. Steve is very familiar with the Ontario New Home Warranties Plan Act and Regulations having written a number of decisions involving their application. He is also an arbitrator with ADR Ontario Inc. Kirsh, Harvey Glaholt LLP 141 Adelaide Street West, Suite 800 Toronto, ON M5H 3L5 (T) (F) hkirsh@glaholt.com Mr. Kirsh has been lauded as one of Canada s top arbitrators with 40 years of experience. He is a recognized authority and specialist in construction law. He has a broad knowledge of commercial and industrial construction as well as engineering and infrastructure, making him incredibly adept at understanding the relevant construction related issues. Mr. Kirsh has extensive experience in both Canadian and international arbitrations and has served on panels for a plethora of construction related issues. Mr. Kirsh was a professor of construction law at the University of Toronto and maintains his status as one of the most respected lawyers in Canada. Page 5 of 7

6 Mullington, Kevin Kevin Mullington Mediation and Arbitration Services 1 Sioux Crescent Ottawa, ON K2H 7E3 (T) (F) kmullington@primus.ca Mr. Mullington is an experienced arbitrator and mediator based in Ottawa. He has a vast amount of experience in construction law and during his legal career represented a number of builders as well as Tarion in various proceedings. Over the past 6 years, Mr. Mullington has done extensive work in insurance law and as counsel in construction arbitrations. He has also developed an impressive background in alternative dispute resolution. He is a member of the ADR institute of Ontario and the ADR Institute of Canada, and has taught a number of courses in advocacy to new lawyers. Rosenstein, Mervyn N. For mailing only: The Resolution Alternative 182 Bayview Fairways Drive, Suite 101 Thornhill, ON L3T 2Y8 (T) (F) mrosenstein@sympatico.ca Arbitrator, mediator, lawyer. His law practice of many years focused largely in the areas of commercial, industrial, real estate, and corporate law. Trained in Commercial Mediation, and in an advanced Arbitrator Certification course, etc., he has lectured on mediation and arbitration at York University and elsewhere. For the past more than 20 years, his practice has been confined to arbitration and mediation, where he has acted in hundreds of cases. Actively involved for many years in business enterprises in Ontario and internationally, he speaks English & French. Member of the ADR Institute of Ontario, past member of the OAFM Provincial Board of Directors, Roster Arbitrator- Canadian Motor Vehicle Arbitration Plan, formerly registered with OREA, Arbitrator with the then Ontario Insurance Commission s Arbitration Roster Project, Alternative Dispute Resolution Section of the Ontario Bar Association. Currently also active as a Roster Arbitrator with ADR Chambers for files of the Financial Services Commission of Ontario. Arbitrator with the Builder Arbitration Forum since its inception in Shapiro, David 261 Martindale Road, Unit 16 St. Catharines, ON L2W 1A2 (T) (F) davidshapiro@on.aibn.com Mr. Shapiro is a lawyer based in St. Catharines with almost 40 years of experience in real estate and land development. Over the years, he has developed extensive dispute resolution experience by acting as both mediator and arbitrator in various cases. He is the recipient of a Certificate of Achievement from the University of Windsor Faculty of Law for his successful completion of an Alternative Dispute Resolution Workshop. Page 6 of 7

7 Somer, Brian H. Somer & Associates 233 Joicey Blvd. Toronto, ON M5M 2V6 (T) (F) Mr. Somer is a lawyer with substantial experience in construction and condominium litigation. He has formal adjudication and ADR training. Mr. Somer has represented owners and builders in cases involving design deficiencies, construction defects and remediation. Mr. Somer has lectured at property management and construction industry seminars, and has a background in most aspects of construction litigation including condominium shared facilities and common elements issues. He is an experienced Adjudicator and served for several years as an Assessment Officer with the Ontario Superior Court of Justice. Page 7 of 7

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