LABOUR ARBITRATION 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.
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.
Administration Fee
For both arbitration and mediation, to confirm the Terms of Engagement, a non-refundable Administration Fee of $1,000 is required. This Administration Fee will be applied to the account if the Proceeding or mediation commences.
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 or mediation room and confirming with the parties;
iv. All general confirmatory correspondence including invoicing.
Arbitration Proceeding Fee
My fee for each full or partial day of the Arbitration Proceeding is $4,600.
Preliminary Issues and Crafting Award
Time incurred for all aspects of writing the Award will be charged at $575 per hour. This includes all time other time spent on the arbitration (except for matters covered under the Pre-Hearing Fixed Fee and the proceeding) and includes time spent on: addressing any interim contested matters; case management conferences; review of materials; review of exhibits and case authorities; consideration of the issues; preparation of a decision; any ancillary matters; and compliance with any obligations if my decision is to be reviewed by the Labour Relations Board or Courts.
In addition, this hourly rate of $575 will apply to the following 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.
Travel Time
Travel time applies to anything greater than 150 kilometers, and will be charged at $287.50 per hour. 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. (Waived for this particular arbitration, at arbitrator’s discretion)
Distance/Remoteness Travel and Waiting Time
If remoteness of the location for the Proceeding requires early arrival or late departure due to travel difficulties, an additional fee of $2.300 per full or partial day waiting will be charged (if applicable).
Disbursements and Other Charges
All charges incurred during the Engagement will be charged back to the parties at the actual cost. 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. In addition to the Administration fee of $1,000 plus GST, the following cancellation fees will be charged if the Proceeding is cancelled or not completed as scheduled:
i. 90 days or greater before the commencement date of the Proceeding – Administration fee of $575 only;
ii. 45 days or more but less than 90 days before the commencement date of the Proceeding – $1,150 per scheduled day;
iii. 14 days or more but less than 45 days before the commencement date of the Proceeding – $1,725 per scheduled day;
iv. Less than 14 days before the commencement date of the Proceeding – $2,300 per scheduled day.
Goods & Services Tax
The amount of GST payable on fees will be shown separately on the account.
Payment of Invoices
Unless otherwise agreed to by the parties, each party will pay half of my invoice or, if more than two parties, the invoice shall be equally apportioned.
Disbursements
Disbursements that I include in my accounts include all payments to third parties such as travel costs, hearing rooms, hotel rooms, meals, and parking. If I use my personal vehicle to drive to an arbitration, mileage is charged at the current CRA approved rate.
Interim Accounts
In most cases I issue an interim account after completion of the arbitration hearing. I will then issue a final account when I issue 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.
GST
GST is charged on all accounts unless a party confirms in advance that they are GST exempt. If a party is GST exempt, it is their responsibility to advise us immediately after I accept the appointment.
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. Prompt payment is expected. Statements of Account from our office are expected to be paid at the latest within 30 days of receipt. Amounts which are unpaid after 30 days are subject to interest charged at 1.5 percent per month (18 percent annum).
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.
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 $575 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.