REQUEST FOR BIOGRAPHICAL INFORMATION

Transcription

1 REQUEST FOR BIOGRAPHICAL INFORMATION Created Monday, September 29, 2014 Updated Thursday, December 11, 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 A. CONTACT INFORMATION FIRST NAME Francois LAST NAME Lemieux MIDDLE INITIAL Jean FIRM NAME Self Employed (Occasionally) Since my retirement as a judge of the Federal Court ADDRESS ADDRESS ADDRESS LINE 1 ADDRESS ADDRESS LINE 2 ADDRESS CITY ADDRESS PROVINCE ADDRESS POSTAL CODE 196 Clemow Ave (No response) Ottawa ON K1S 2B4 TELEPHONE FAX (No response) Page 1

2 Region of residence National Capital 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 Page 2

3 B. Education B. EDUCATION Please list degree(s), institution(s) attended and year degree(s) conferred below Degree Institution Attended Year degree conferred 1) Bachelor of Arts (Political Science) University of Ottawa ) Masters of Arts (Political Science) University of Toronto ) Bachelor of Law University of Toronto ) Bar admission course after completing articles 5) 1966 Please list courses or degrees in Economics, if any. As part of the degrees in political science, I undertook regular courses in Economics. Please list courses or degrees in Finance and Accounting, if any. None Please list courses relating to logistics, transportation or transportation law, if any. None Page 3

4 C. Arbitration Designation C. ARBITRATION DESIGNATION Please list designation(s), certifification(s) or accreditation(s) in arbitration received from any recognized institution(s) and the year(s) conferred below. 1) None 2) 3) 4) 5) Designation Organization Year conferred Page 4

5 D. Arbitration Training 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) None per se but consider training as a judge as equivalent 2) 3) 4) 5) 6) 7) 8) 9) 10) Page 5

6 E. Commercial Litigation Experience E. COMMERCIAL LITIGATION EXPERIENCE a. Please specify approximate number of commercial cases in which you have acted as counsel. Before being appointed as Federal Court judge in 1999, I practiced law for 35 years with the Ottawa Law Firm of Osler Hoskin and Harcourt. I acted as counsel for well over 100 cases at all levels of court: Supreme Court of Canada, Courts of Appeal and trial courts as well as numerous regulatory Agencies such as the CITT and the CTA. In 1998, I was recognized as an Expert in public law b. Please list range of years over which these cases occurred to 1999 c. Please list law firms with which you were associated according to year. Herridge, Tolmie, Grey, Coyne and Blair from 1967 to 1999 which in 1984 merged with Osler, Hoskins and Harcourt d. Did you typically represent plaintiff, respondent or both? Please provide your answer as a percentage. d. Did you typically represent plaintiff, respondent or both? Please provide your answer as a percentage. Plaintiff d. Did you typically represent plaintiff, respondent or both? Please provide your answer as a percentage. Respondent 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) Rail Transport 1967 costing hearings before the CTA complex costing evidence US and Canadian exports e.g... several months to appeal 2) Canadian Wheat Board vs. CN/CP Complex evidence on rail movements after snow... because of snow US and Canadian experts on rail movements with... Several months 3) Voyageur Colonial vs. Via Rail Complex since it related to Via Rail's pricing below bus costs Coasting experts Several months Page 6

7 F. Experience as an Arbitrator, Adjudicator or Judge 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. Number of cases Over what period of years 1999 Number of commercial cases Arbitrator Judge Tribunal Adjudicator over several hundred Over what period of years 1999 to 2012 Level of court Please specify tribunal Federal court trial division a. 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) Judge NOC RegulationsPatent Law Patent Evidence Expert in Chemistry several thousands Several days 2) Judge Final Arbitration Quebec North Shore Case Costing Evidence Expert in railway coasting unknown but several thousands several days 3) Judge... Fraud Understanding of aboriginal election code Nil Several days Page 7

8 G. Work Samples G. WORK SAMPLES Please provide a written award (redacted) or decision you have written. Only.pdf or.doc files are accepted. Page 8

9 H. Transportation Specific Legislation H. TRANSPORTATION SPECIFIC LEGISLATION a. Please rate your current familiarity with the following: For Rail Specialization - Legislation, Regulations, and Procedures a. Please rate your current familiarity with the following: Rail Costing Regulations SOR/ Excellent a. Please rate your current familiarity with the following: Railway Third Party Liability Insurance Coverage Regulations SOR/ a. Please rate your current familiarity with the following: Railway Traffic Liability Regulations SOR/ a. Please rate your current familiarity with the following: Carriers and Transportation and Grain Handling Undertakings Information Regulations SOR/ a. Please rate your current familiarity with the following: Railway Interswitching Regulations SOR/88-41 a. Please rate your current familiarity with the following: Rail Complaints: What You Need to Know Canadian Transportation Agency a. Please rate your current familiarity with the following: 2011 Guide to Railway Charges for Crossing Maintenance and Construction (No response) Good Excellent Excellent Good Good Rail: Please provide details explaining how you became familiar with this material. The law firm I was associated with since 1967 was a leading law firm in Regulation law. My first experience was as a junior lawyer at the CTA Costing hearings. The senior partner was Gordon Blair... His practice covered air, trucking, bus and rail transport as well as competition law. He was appointed to the Ontario Court of Appeal in I I became Senior counsel in all of these areas until I became a judge. b. Please rate your current familiarity with the following: For Marine Specialization - Legislation, Regulations, and Procedures b. Please rate your current familiarity with the following: Canada Marine Act S.C. 1998, c.10 Good b. Please rate your current familiarity with the following: Coasting Trade Act S.C. 1992, c.31 (No response) b. Please rate your current familiarity with the following: Pilotage Act R.S.C. 1985, c. P-14 Excellent b. Please rate your current familiarity with the following: Shipping Conferences Exemption Act, 1987 R.S.C., 1985, c.17 (3rd Supp.) Excellent Marine: Please provide details explaining how you became familiar with this material. My familiarity with the Pilotage Act was as a result of a court case I presided and decided. My other familiarity with maritime legislation was derived when the law firm I was with acted as legal advisors to Maritime associations. c. Please rate your current familiarity with the following: For Air Specialization - Legislation, Regulations, and Procedures Page 9

10 c. Please rate your current familiarity with the following: Air Transportation Regulations SOR/88-58 Excellent Air: Please provide details explaining how you became familiar with this material. My law firm acted as legal counsel to the Canadian Air Transport Association as well as several Canadian carriers. Page 10

11 I. Familiarity with Transportation and Transportation Law I. FAMILIARITY WITH TRANSPORTATION AND TRANSPORTATION LAW Please describe your background involvement in the transportation industry or transportation law, if any. My familiarity is extensive in this area for the reasons previously explained. Acting for the Government of Saskatchewan I was involved in branch line abandonment cases; shipping issues related to rapeseed, grain etc. I also advised BN and CSX on issues which covered their Canadian interests such as branch lines in Canada. I also advised the City of Toronto on some rail issues. In short, at that time, with the client base the law firm had we had to be current on all issues related to this area of law including all regulatory developments. After 1999 I was no longer involved and could be said to be "rusty" Page 11

12 J. Conflict Disclosures 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: In answer to this question; the answer is nil current interest and nil in terms of past interest e.g. never held any shares or other interests in them. Page 12

13 K. Conflict K. CONFLICT a. If you OR YOUR FIRM currently represent, or have in the past represented, a carrier please advise. Since 1999, being appointed as a superior court judge I severed all relationship with my law firm. I have no direct knowledge of the extent to which the carriers previously identified remained within the firm especially due to the fact that many public law lawyers in the public law department went to other firms. b. If you OR YOUR FIRM currently represent, or have ever represented, a company in a matter relating to shipment of goods, please advise. As indicated above, I am no longer connected to a law firm since my retirement. In terms of ever representing a company related to the shipment of goods. I can recall the firm acting in relation to some goods but this was minimal. Our mandate was more at the regulation level rather than dealing with a specific case which would be handled by the transport company's local lawyers. Page 13

14 L. Fees L. FEES Please provide daily and hourly rates Please provide daily and hourly rates Daily 2000 Please provide daily and hourly rates Hourly 300 Page 14

15 M. Availability M. AVAILABILITY How many months in advance are you booked? 0 Page 15

16 N. Signed Agreement N. SIGNED AGREEMENT The information I have provided accurately describes my qualifications and experience. I understand that: Roster members will be selected based on the criteria as set out in this request for biographical information. The biographical information provided by me in this Request for biographical information will appear on-line at the Agency web site. Rosters and roster members will be reviewed every 2 years. Being accepted as a roster member does not guarantee that I will receive work under the Canada Transportation Act. The 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: I will comply with the Code of Ethics of the Canadian Transportation Agency. Maintenance of insurance at the required level. Please provide proof of insurance Please provide proof of insurance Policy number # Please provide proof of insurance Issuer I currently have no insurance policy as I do not know what kind is required but will comply if required (No response) PLEASE NOTE YOUR APPLICATION IS NOT COMPLETE WITHOUT PROOF OF INSURANCE AND SIGNED AGREEMENT THAT YOU WILL FIND ON THE FOLLOWING PAGE Please specify time and location of the signature. Signed on :00:00 in the Province of Ontario Signature Page 16

17 Please sign the form digitally by typing your first and last name. Francois Lemieux Page 17

18 Application Checklist 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: Application Checklist Filled out the Application Form Application Checklist Provided your digital signature on the previous page Application Checklist Faxed us the proof of insurance (fax: ) Yes Yes Yes Page 18