REQUEST FOR BIOGRAPHICAL INFORMATION

Transcription

1 REQUEST FOR BIOGRAPHICAL INFORMATION Opportunity for arbitrators to be selected for the Canadian Transportation Agency rosters Table of Contents A. Contact Information... 2 B. Education... 3 C. Arbitration Designation... 5 D. Arbitration Training... 5 E. Commercial Litigation Experience... 7 F. Experience As An Arbitrator, Adjudicator Or Judge... 9 G. Work Samples H. Transportation Specific Legislation I. Familiarity With Transportation And Transportation Law J. Disclosure K. Conflict L. Fees M. Availability N. Signed Agreement O. Application Checklist Page 1 / 15

2 A. Contact Information Please note that completion of this form is lengthy. You may be required to save and return to complete. If you have any questions or need help please contact David Gervin at Date of this version 13 July 2015 First name Last Name Robert MASSON Middle Initial Honorifics Professional Title Firm Name Address Line 1 C. Arb (Chartered Arbitrator) Attorney, P. Engineer, Arbitrator& Mediator Me Robert MASSON, ing., C.Arb , rue du Saint-Sacrement Address Line 2 City Province Postal Code Montréal Quebec H2Y 1X4 Secondary address (please street, city, province and postal code) Telephone (office) Telephone (mobile) Telephone (other) Fax RMasson@robertmasson.ca Page 2 / 15

3 Website URL LinkedIn URL Robert Masson Facebook Other social media links Region of residence Quebec XXX All provinces Willingness to travel within and to other provinces? Please specify provinces. British Columbia Alberta Saskatchewan Manitoba Ontario Quebec New Brunswick Nova Scotia Newfoundland and Labrador Prince Edward Island Yukon Northwest Territories Nunavut B. Education Please list degree(s), institution(s) attended and year degree(s) conferred below Degree Institution Attended Year degree conferred 1) Licence Quebec Bar School ) LL.B. University of Sherbrooke ) Dipl. ING. École Polytechnique de Montréal ) B.Sc.A. Université de Montréal 1974 Page 3 / 15

4 Please list courses or degrees in Economics, if any. Courses Institution Attended Year 1) 2) 3) 4) Géographie économique Analyse du marché Économique École Polytechnique de Montréal Please list courses or degrees in Finance and Accounting, if any. Courses Institution Attended Year 1) 2) 3) 4) Analyse financière I Analyse financière II Financement d'entreprise Administration de l'entreprise Estimation des coûts École Polytechnique de Montréal Please list courses relating to logistics, transportation or transportation law, if any. Courses Institution Attended Year 1) 2) 3) 4) Page 4 / 15

5 C. Arbitration Designation Please list designation(s), certification(s) or accreditation(s) in arbitration received from any recognized institution(s) and the year(s) conferred below. Designation Organization Year conferred 1) Chartered Arbitrator (C.Arb) ADR Institute of anada ) Arbitre Agréé 3) Arbitrator Institut de Médiation et d'arbitrage du Québec Canadian Motor Vehicule Arbitration Plan ) Arbitre Régie du bâtiment - Québec ) Arbitrator Office des Transports du Canada D. Arbitration Training Please list arbitration training or course(s), if any, along with the institution providing the training and the year you received this training below. Course Institutions Year 1) Commercial and International Arbitration Canadian Commercial Arbitration Centre ) Commercial Arbitration Canadian Commercial Arbitration Centre ) 4) 5) 6) 7) 8) 9) Commercial and Conventional Arbitration and Mediation Institut de Médiation et d'arbitrage du Québec 1995 Page 5 / 15

6 10) Page 6 / 15

7 E. Commercial Litigation Experience a. Please specify approximate number of commercial cases in which you have acted as counsel b. Please list range of years over which these cases occurred c. Please list law firms with which you were associated according to year. Firm name Duration 1) Me Robert Masson, ing., C.Arb ) 3) d. Did you typically represent plaintiff, respondent or both? Please provide your answer as a percentage. Response Plaintiff 50 Respondent 50 e. Please list by subject area, the 3 most complex commercial cases with which you have been involved as counsel in arbitrations or litigation, the kind of evidence presented, what experts were involved, quantum in issue and duration of case. Area of Commercial Litigation (e.g. Patent infringement) Kind of Evidence Presented What type of Experts were involved Quantum (value of claim) Duration (Time in court) 1) Contrat - Construction / Travaux supplémentaires / Frais d'impact Appel d'offres / Soumissions / Plans et devis Civil Eng. 2,471,888 Settlement Page 7 / 15

8 2) Construction / Hypothèque légale Plans et devis / Rapports d'avancement Architects / Engineers / 97,928 Settlement 3) Immobilier / Vente / Fausses représentations Contrat de vente / Documents et preuve testimoniale / Représentations de vendeurs / Expertises Engineers 450,000 Outstanding Page 8 / 15

9 F. Experience as An Arbitrator, Adjudicator or Judge Please specify approximate number of cases in which you have acted as an arbitrator, judge or tribunal adjudicator. Please note that there are cells in the table below in which you are asked to provide court level and tribunal. Arbitrator Judge Tribunal Adjudicator Number of cases Over what period of years 1997-Present Number of commercial cases Over what period of years 1997-Present Level of court Please specify tribunal Please list by subject area, the 3 most complex commercial cases in which you acted as arbitrator, judge or adjudicator, the kind of evidence presented, experts involved, quantum in issue and duration of hearing. Please specify your role Area of Commercial Litigation Evidence Presented Experts included Quantum (value of claim) Duration (Time in court) 1) Arbitrator Construction - Immediate Possession Interpreting of contratc / Interpreting of specifications Civil Eng. 480,800 $ / 560,700 $ 28 2) Arbitrator Commercial / Time sharing Constract / Testimonials N/A 250,000 $ 6 3) Tribunal Adjudicator Construction - Roads & Highways Call for Tenders / Quotation / Plans + Spec. / Testimonials Civil Eng. 115,151 $ 2 Page 9 / 15

10 G. Work Samples Please provide a written award (redacted) or decision you have written. Files should be attached to this submission. Only.pdf or.doc files are accepted. Page 10 / 15

11 H. Transportation Specific Legislation For Rail Specialization - Legislation, Regulations, and Procedures Please rate your current familiarity with the following: Rail Costing Regulations SOR/ Railway Third Party Liability Insurance Coverage Regulations SOR/ Railway Traffic Liability Regulations SOR/ Carriers and Transportation and Grain Handling Undertakings Information Regulations SOR/ Railway Interswitching Regulations SOR/88-41 Response Please provide details explaining how you became familiar with this material. Reading the documents For Marine Specialization - Legislation, Regulations, and Procedures Please rate your current familiarity with the following: Canada Marine Act S.C. 1998, c.10 Coasting Trade Act S.C. 1992, c.31 Pilotage Act R.S.C. 1985, c. P-14 Shipping Conferences Exemption Act, 1987 R.S.C., 1985, c.17 (3rd Supp.) Response Page 11 / 15

12 Please provide details explaining how you became familiar with this material. Reading the documents For Air Specialization - Legislation, Regulations, and Procedures Please rate your current familiarity with the following: Air Transportation Regulations SOR/88-58 Response Please provide details explaining how you became familiar with this material Reading the document I. Familiarity with Transportation and Transportation Law Please describe your background involvement in the transportation industry or transportation law, if any. Connaissance moyenne relative au domaine du transport terrestre (en vrac) au Québec / Arbitre accrédité par le Forum des Intervenants de l'industrie du camionna général (Québec) J. Disclosure If you have ever worked for, been associated with, or have a current or past interest in a transportation carrier or shipper in rail, marine or air please provide details below: N/A Page 12 / 15

13 K. Conflict a. If you OR YOUR FIRM currently represent, or have in the past represented, a carrier please advise. None b. If you OR YOUR FIRM currently represent, or have ever represented, a company in a matter relating to shipment of goods, please advise. None L. Fees Please provide daily and hourly rates Response Daily 2450 Hourly 350 M. Availability How many months in advance are you booked? ½ Page 13 / 15

14 N. Signed Agreement PLEASE NOTE YOUR APPLICATION IS NOT COMPLETE WITHOUT PROOF OF INSURANCE AND SIGNED AGREEMENT THAT YOU WILL FIND BELOW. The information I have provided accurately describes my qualifications and experience. I understand that: XRoster members will be selected based on the criteria as set out in this request for biographical information. XThe biographical information provided by me in this Request for biographical information will appear on-line at the Agency web site. XRosters and roster members may be reviewed every 2 years. XBeing accepted as a roster member does not guarantee that I will receive work under the Canada Transportation Act. XThe Canada Transportation Agency is in no way responsible for any fees, expenses or outstanding payments, all of which shall be billed by the arbitrator to the parties to any proceeding under the Canada Transportation Act. If accepted, I will comply with all the conditions of the program, including but not limited to the following: XI will comply with the Code of Ethics of the Canadian Transportation Agency. XMaintenance of insurance at the required level. Please provide proof of insurance Response Policy number # Issuer : Fonds d'assurance responsabilité professionnelle du Barreau du Québec Please specify time and location of the signature. Signed on 29 August 2015 in the Province of Signature (Please sign the form digitally by typing your first and last name.) Quebec Robert Masson Page 14 / 15

15 O. Application Checklist Please do not include a resume. If you have any questions or need help please contact David Gervin at David.Gervin@otc-cta.gc.ca. If you wish to be considered for the roster, please ensure that you completed the following: Checklist Filled out the Application Form Provided your work sample Provided your digital signature above Faxed us ( ) or attached as a PDF, the proof of insurance Response Page 15 / 15