Adam O. Letourneau, K.C.

Financial Terms

LABOUR ARBITRATION AND MEDIATION TERMS OF ENGAGEMENT

MY DUTIES

I will:

1. Schedule the necessary number of hearing days and arrange for a hearing room;

2. Issue any Notices to Attend which are requested by the parties;

3. Conduct the Proceeding;

4. Prepare a draft award and circulate it to the nominees (if any) for their comments (at my discretion);

5. Prepare a final award and file it in the appropriate registry if so required;

6. Attend to anything which the arbitration board is required to do if the final award is appealed to the Labour Relations Board or Court;

7. The format of the Proceeding (in-person, virtual, or hybrid) will be determined by the Arbitrator after consultation with the parties.

8. Issues relating to procedure will be addressed with the parties at a pre-hearing case conference. The Arbitrator retains discretion to determine procedure in accordance with section 143 of the Alberta Labour Relations Code.

9. The Arbitrator will actively manage the Proceeding to ensure it is conducted in a fair, efficient, and proportionate manner, including with respect to scheduling, evidence, and submissions.

MY FEES AND OTHER CHARGES

My invoices will consist of the following components: 

1. Administration Fee; 

2. Proceeding Fee; 

3. Preliminary Issues and Crafting Award; 

4. Travel Time, if applicable; 

5. Disbursements and Other Charges; and 

6. Cancellation Fees. 

GST will be added (where applicable) to all fees.

The rates set out in these Terms of Engagement apply to this Proceeding only. The Arbitrator reserves the right to adjust rates for future appointments upon reasonable notice.

Administration Fee

To confirm the Terms of Engagement, a non-refundable Administration Fee of $550 is charged.

The Administration Fee relates to the following services:

i. Opening a file and notifying counsel and nominees (if any) that I accept the Terms of Engagement;

ii. Scheduling the Proceeding including phone calls, teleconferences, Zoom calls, correspondence or emails as may be required to establish convenient dates for the Proceeding;

iii. Booking an appropriate hearing room and confirming with the parties;

iv. All general confirmatory correspondence including invoicing.

Proceeding Fee

My fee for each day on which I attend a hearing is $3,800.

Any attendance at a hearing on a scheduled hearing day, whether for a full day or any part of a day, is billed as a full day.

Hearing days are scheduled on the expectation that available time will be used efficiently by the parties.

Preliminary Issues and Crafting Award

Time incurred for all aspects of writing the Award or working with the arbitration board will be charged at $475 per hour. This includes reviewing evidence and law applicable to the Proceeding, discussing any draft Award with the nominees, and filing the Award at the applicable registry if required. 

In addition, this hourly rate of $475 will apply to the following, but not limited to, additional matters: 

i. Pre-Proceeding conference calls or meetings to resolve preliminary issues in dispute;

ii. Discussions after the Proceeding with the Nominees if this is a three-member board (if applicable);

iii. Attending to anything which the arbitration board is required to do if the parties seek recourse through the court, Labour Relations Board, or elsewhere.

Unless otherwise agreed, this engagement does not include appeals, judicial review proceedings, or enforcement proceedings.

Travel Time

Travel time applies to anything greater than 150 kilometers from Lethbridge, and will be charged at $237.50 per hour.

Travel time is based on reasonable and direct travel time.

If air travel is required, travel time includes a short period in-airport corresponding to check-in requirements, flight time, and travel to the hotel or Proceeding location.

Distance/Remoteness Travel and Waiting Time

Where travel logistics reasonably require arrival the day prior to or departure the day following the Proceeding, a standby fee of $1,900.00 per full or partial day will be charged.

Disbursements and Other Charges

All charges incurred during the Engagement will be charged back to the parties at the actual cost.

All disbursements will be reasonable and necessary.

These costs typically include airfare, taxis, parking, hearing room rental and ancillary costs, meals for the arbitration board during the Proceeding, accommodation, long distance telephone calls, external printing, postage, deliveries, and GST (if applicable).

There is no separate charge for mileage for use of my vehicle.

Meals While Travelling

When on travel status, reimbursement shall be provided for either: 

i. the actual expense of the meal, or; 

ii. a meal allowance without receipts for breakfast, lunch, and dinner as per the Federal Government’s National Joint Council Travel Directive then in force. 

Cancellation Fees

Parties are encouraged to assess their positions well in advance of the scheduled Proceeding.

The following cancellation fees will apply if the Proceeding is cancelled or not completed as scheduled:

i. 90 days or greater before the commencement date of the Proceeding – additional $550;

ii. 45 days or more but less than 90 days before the commencement date of the Proceeding – $950 per scheduled day;

iii. 14 days or more but less than 45 days before the commencement date of the Proceeding – $1,425 per scheduled day;

iv. 14 days or less before the commencement date of the Proceeding – $1,900 per scheduled day.

Where scheduled hearing days are no longer required during the course of the Proceeding, a cancellation fee of $1,900 per scheduled day will be charged.

Where a hearing cannot proceed as scheduled due to the unavailability or late arrival of a party or counsel, the full daily Proceeding Fee will be charged.

Hearing dates are reserved exclusively for the Proceeding and cannot typically be reallocated on short notice.

Goods & Services Tax

The amount of GST payable on fees will be shown separately on the account. 

Interim Accounts 

In most cases I issue an interim account after completion of the arbitration hearing.

Interim accounts will be issued, where appropriate, for work completed prior to the hearing.

I will then issue a final account before issuing the arbitration award. However, where there are significant delays in completing a matter due to applications in advance of the hearing, adjournments, or the need to schedule additional hearing days, I reserve the right to issue additional interim accounts.

All accounts are due within 14 days of receipt.

Payment of Accounts

It is understood that the parties will bear equally the cost of my involvement and that I will invoice your offices on behalf of your respective clients.

Each party and their counsel are jointly and severally responsible for payment of the Arbitrator’s accounts.

Prompt payment is expected.

Statements of Account from our office are expected to be paid at the latest within 14 days of receipt.

Amounts which are unpaid after 14 days are subject to interest charged at 1.5 percent per month (18 percent per annum).

The Arbitrator reserves the right to withhold release of the arbitration award pending payment of all outstanding accounts.

The preferred method of payment of accounts is by electronic funds transfer (“EFT”). If EFT is not possible, we do accept cheques or credit card. Call for details.

Hearing Materials and Organization

The following materials are expected to be prepared and exchanged in advance of, or at the outset of, the Proceeding:

• An Agreed Statement of Facts will be provided at the commencement of the hearing where reasonably possible. 

• A joint book of agreed documents will be prepared by the parties. 

• Any documents not agreed upon will be included in a separate section of the book of documents. 

• A book of authorities will be provided containing full copies of all cases and materials relied upon. Hyperlinks or citations alone are not sufficient. 

• All binders and electronic materials (including PDF documents) will: 

• include a table of contents; 

• be tabbed (for hard copies) or bookmarked (for electronic copies); and 

• have relevant portions clearly highlighted. 

• The Arbitrator will set timelines for the exchange of materials and expects strict compliance.

• These requirements are intended to ensure an efficient and orderly hearing process.

QUESTIONS OR CONCERNS

Please contact me immediately if you have any questions or concerns about any aspect of the Terms of Engagement. Thank you for your business.

OTHER FORMS OF ARBITRATION TERMS OF ENGAGEMENT

Terms are very similar to those listed above.  Exact terms shall be discussed in a preliminary teleconference or video conference with counsel or the parties.

MEDIATION TERMS OF ENGAGEMENT

Time incurred for all aspects of mediation will be charged at $3800 per day or partial day.  Anything before the mediation or above 8 hours for the mediation meeting is at $475 per hour. This includes all time other time spent on the mediation (except for matters covered under the Administration Fee) and includes time spent on:  addressing any interim matters; review of materials; review of exhibits and case authorities; consideration of the issues; attendance at the mediation; any ancillary matters.