Arbitration: The “Other” Litigation – Your Choice, Or Maybe Not

Registration:
Call the Law Society office at 668-4231 to register.

Description:
Arbitration is commonly viewed as an alternative to conventional, court-based litigation, but the comparative advantages and disadvantages of arbitration relative to litigation are not so well understood among lawyers, let alone the general public.

This CPD event aims to closely examine arbitration as a useful tool in the dispute resolution toolbox. While lawyers for disputing parties may think that their clients can choose between resolving a dispute through arbitration or through the courts, going to court may not always be an option. Arbitration provisions in statutes, contracts, and bylaws of condominium corporations and associations may make mediation and/or arbitration mandatory.

This program is not solely for litigators, as there are very important issues for solicitors to consider at the front end when they are writing dispute resolution clauses into commercial and construction contracts, partnership agreements, condominium bylaws, and other forms of legal agreement. There can be some very expensive pitfalls the unwary and uninformed will wish to avoid for their clients.

The panel for this presentation will be comprised of an arbitrator (Rick Buchan), a solicitor (Graham Lang), and a litigator (Jim Tucker), each of whom will bring their respective thoughts and experience to the discussion.

Presenters:
RICHARD (RICK) BUCHAN B.A., LL. B, C. Arb Lawyer ~ Mediator ~ Arbitrator has been practising law 39+ years (35 in the Yukon), mainly in the fields of general civil and insurance litigation, administrative law, indigenous law, training and advising adjudicative tribunals, mediation and arbitration. Rick has appeared as counsel in the Provincial and Supreme Courts of B.C.; all levels of court in the Yukon; the Trial and Appellate Divisions of the Federal Court of Canada; and in the Supreme Court of Canada. Rick is certified in Advanced Commercial Mediation, Continuing Legal Education Society of British Columbia, 1996 and was awarded Chartered Arbitrator (C. Arb) designation in 2018 from ADR Institute of Canada.

Rick has served as Chairperson of the Yukon Review Board from 1999 to 2012; reappointed in April, 2016—continuing to the present time. He also was the Chairperson, Yukon Employment Standards Board and Yukon Occupational Health and Safety Board, 1990-1993; Yukon Law Society appointee to Mental Health Review Board, 1990-1993; Arbitrator/Grievance Resolution Person (Yukon Education Act) 1992-
1993; Law Society of Yukon Discipline Appeal Committee [Chairperson, various ad hoc appeal hearings]; and the Chairperson, Yukon Utilities Board, February 2021 to present time.

GRAHAM LANG was born and raised in the Yukon. He attended the University of Saskatchewan Law School and was called to the Yukon bar in 2008. Graham has a general commercial and real estate practice.

JAMES R. TUCKER (JIM) is experienced counsel who has practiced litigation his entire legal career. Prior to and while attending law school, Jim worked for ten years in the Canadian Forces. After graduating from Dalhousie Law School in 1992, Jim returned to his home province of Newfoundland, where he practiced law for three years. Jim moved to Whitehorse and has practiced law in the Yukon since 1996.

He has concentrated on all aspects of civil litigation including construction, administrative law, personal injury, corporate/commercial, insurance, debt collection/foreclosure and contractual disputes.

Jim has appeared at all levels of Court in the Yukon Territory, and he has also appeared before numerous boards and tribunals. Jim has held the office of President of the Canadian Bar Association, Yukon Branch and has served on the National Board of the Canadian Bar Association. He has a passion for access to justice and served as president of the Law Society of Yukon from 2014 to 2018. Jim was a member of the Board of Directors of Special Olympics Yukon from 2000 until recently.

This CPD has been approved for 3.0 hours by the Law Society of British Columbia and may be applied towards the mandatory 12 hour Continuing Professional Development requirement in both BC and Yukon. This CPD will not be recorded.