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... 10 H. Transportation Specific Legislation... 11 I. Familiarity With Transportation And Transportation Law... 12 J. Disclosure... 12 K. Conflict... 13 L. Fees... 13 M. Availability... 13 N. Signed Agreement... 14 O. Application Checklist... 15 Page 1 / 15
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 Dany Ross at dany.ross@otccta.gc.ca Date of this version 22 July 2015 First name Last Name William Horton Middle Initial G. Honorifics Professional Title Firm Name Address Line 1 LLB, C.Arb, FCIArb Arbitrator and Mediator William G. Horton Professional Corporation 420 120 Adelaide Street West Address Line 2 Richmond Adelaide Centre, PO Box 43 City Province Postal Code Toronto Ontario M5H 1T1 Secondary address (please street, city, province and postal code) Telephone (office) 416-504-4666 Telephone (mobile) 416-564-9560 Telephone (other) Fax Email wgh@wgharb.com Page 2 / 15
Website URL www.wgharb.com LinkedIn URL Facebook Other social media links Region of residence Willingness to travel within and to other provinces? Please specify provinces. Choose a region. All 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 1) BA 2) LLB 3) 4) Institution Attended University of Toronto (Victoria College) York University (Osgoode Hall Law School) Year degree conferred 1971 1974 Page 3 / 15
Please list courses or degrees in Economics, if any. Courses Institution Attended Year 1) 2) 3) 4) Please list courses or degrees in Finance and Accounting, if any. Courses Institution Attended Year 1) 2) 3) 4) Please list courses relating to logistics, transportation or transportation law, if any. Courses Institution Attended Year 1) 2) 3) 4) Page 4 / 15
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 Canada 2009 2) 3) 4) 5) Fellow of the Chartered Institute of Arbitrators (FCIArb) Chartered Institute of Arbitrators 1997 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) ADR Workshop University of Windsor 2001 2) Mediation Workshop Harvard Law School/Practicing Law Institute 2004 3) 4) International Symposium in Advanced Case Management Issues Course on Practical Ethics for Mediators ICDR 2007 ADR Institute 2012 5) Master Class for Arbitrators ICC 2009 6) 7) 8) Independent Electrical System Operator Arbitration Panel: Training and Orientation An Introduction to ICSID Process Master Class Investment Arbitration Course IESO 2015 ICSID 2015 Association for International Arbitration 2015 Page 5 / 15
9) 10) Page 6 / 15
E. Commercial Litigation Experience a. Please specify approximate number of commercial cases in which you have acted as counsel. 300+ b. Please list range of years over which these cases occurred. 1976-2015 c. Please list law firms with which you were associated according to year. Firm name Duration 1) Laskin, Jack, Horton & Harris 1978-1982 2) McMillan LLP 1974-1978 and 1982-2000 3) Blakes LLP 2000-2006 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) Page 7 / 15
1) Financial All types Accounting, actuarial, valuation and appraisal, banking, foreign law Under $100k to over $1 billion Hearings and trials from under a day to over 9 months 2) Commercial contracts All types Engineering, scientific, manufacturing process specialists, transportation experts, accounting, valuation Under $100k to over $80 million Hearings and trials from under a day to over a month 3) Construction All types Engineering, construction, accounting Under $100k to over $5 million Hearings and trials from under a day to over two weeks. Page 8 / 15
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 100+ Arbitrator Judge Tribunal Adjudicator Over what period of years 2004 to present Number of commercial cases 100+ Over what period of years Level of court Please specify tribunal 2004 to present NA ICC, ICDR, ADR Institute, Stockholm Chamber of Commerce, ad hoc international and non-international arbitrations 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) Co- Arbitrator Contract dispute re construction of a nuclear facility Fact witness and experts Scientific, Accounting, construction. Over $1 billion Over 90 hearing days Page 9 / 15
2) Chair of Tribunal Ground Lease Renewal Fact witness and experts Architectural, Engineering, Commercial leasing, municipal planning, quantity surveying, appraisal Over $100 million Over 60 hearing days 3) Sole Arbitrator Privatization dispute Fact witnesses and experts Subject matter experts Dispute re crucial issue regarding a $1 billion agreement (quantum not in issue) 5 day hearing 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. See two redacted decisions which are attached. Page 10 / 15
H. Transportation Specific Legislation For Rail Specialization - Legislation, Regulations, and Procedures Please rate your current familiarity with the following: Rail Costing Regulations SOR/80-310 Railway Third Party Liability Insurance Coverage Regulations SOR/96-337 Railway Traffic Liability Regulations SOR/91-488 Carriers and Transportation and Grain Handling Undertakings Information Regulations SOR/96-334 Railway Interswitching Regulations SOR/88-41 Response Please provide details explaining how you became familiar with this material. 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
Please provide details explaining how you became familiar with this material. 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 I. Familiarity with Transportation and Transportation Law Please describe your background involvement in the transportation industry or transportation law, if any. Early in my career I had a number of small cases involving marine claims while working at McMillan Binch (as it then was known). I recently arbitrated (as sole arbitrator) a claim involving the transportation of very large objects by sea and land. The issues involved excess costs and delays as a result of alleged lack of co-ordination and planning among the various participants in the process. I have been involved in rate renewal arbitrations, one involving a pipeline and one involving a commodity terminal. 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: None Page 12 / 15
K. Conflict a. If you OR YOUR FIRM currently represent, or have in the past represented, a carrier please advise. No. (While I was at McMillan Binch and Blakes it is likely those firms did. Prior to 1978 it is likely that I handled some small cases as an associate lawyer. After that I did no work for either carriers or shippers to the best of my recollection.) b. If you OR YOUR FIRM currently represent, or have ever represented, a company in a matter relating to shipment of goods, please advise. No. (While I was at McMillan Binch and Blakes it is likely those firms did. Prior to 1978 it is likely that I handled some small cases as an associate lawyer. After that I did no work for either carriers or shippers to the best of my recollection.) L. Fees Please provide daily and hourly rates Daily Hourly Response $2,250 (CTA cases only) $375 (CTA cases only) M. Availability How many months in advance are you booked? 11 months but with availability to add some hearings and to conduct procedural conferences for new matters within that period of time. Page 13 / 15
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: 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 may 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 Response Policy Number: #ON 00081 Issuer: Trisura Guarantee Insurance Company Please specify time and location of the signature. Signed on 21 January 2016 in the Province of Signature (Please sign the form digitally by typing your first and last name.) Ontario William Horton Page 14 / 15
O. Application Checklist Please do not include a resume. If you have any questions or need help please contact Dany Ross at Dany.ross@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 (819-953-6613) or attached as a PDF, the proof of insurance Response Yes Yes Yes Yes Page 15 / 15