Private Appeal Services

ADR CHAMBERS offers a final, binding and private appeal service for parties who agree to have a Private Appeal from a trial judgment in a civil action and who have preserved a right of private appeal in an arbitration.

1. APPEALS FROM JUDGMENTS IN CIVIL ACTIONS:

(a) Parties may mutually agree that rather than proceed to an appeal before an Appellate Court of a province, they will insteal, appeal to three retired Judges of the various appeal panels of ADR Chambers across Canada. In addition to the retired Appellate Court Judges, parties to the Private Appeal may mutually agree to chose other panel members of ADR Chambers to sit on the Appellate panel.

(b) A private appeal does not preserve or suspend the time period for filing a formal appeal pursuant to the Civil Procedure Rules for an appeal to a Court of Appeal of any province or territory in Canada. Once the parties agree to use the ADR Chambers Private Appeal services, there is no recourse to the Courts thereafter for any further or other appeal.

(c) Parties using this service will be asked to execute an agreement acknowledging that they have abandoned all rights to proceed to the Court of Appeal of a province and are proceeding privately for a final Private and binding Arbitral Appeal Award.

2. APPEALS FROM AN ARBITRAL AWARD:

(a) The ADR Chambers final, binding and private appeal service is also available for appeals from an arbitral award where the parties have agreed, and provided in advance of an arbitration, in the Agreement to Arbitrate, that there is a right of appeal from the Arbital Award of first instance to Appeal to the ADR Chambers Private Appellate panel.

(b) All other provisions and requirements for an appeal from a trial judgment in a civil action, as outlined above, apply to the appeal from an arbitral award.

(c) The final private and Binding Appeal Award will be delivered within 45 days of the completion of the private appeal and is binding on the parties.

3. THE ADVANTAGES OF THE PRIVATE APPEAL INCLUDE

(i) It is a private process and sets no precedent.

(ii) It can be expedited immediately following a Judgment of a Trial Judge in a Civil Action or Arbitral Award.

(iii) The parties have the right to chose the private appeal panel in its entirety or each may choose one member of the panel and the two so chosen will appoint the chair.

(iv) ADR Chambers' Director of Appeals will, if requested by the parties, choose the entire private appeal panel.

(v) If the parties cannot agree on the chair, the Director of Appeals will choose the chair from the ADR Chambers Private Appeal Panel.

(vi) A final private appeal award will be delivered within 45 days of the completion of the hearing and is final and binding on the parties.

ADMINISTRATIVE MATTERS AND FEES

FEES OF THE MEMBERS OF THE PRIVATE APPELLATE PANEL

1. The Private Appeal consists of three members of ADR Chambers Appeal Panel.

2. The fees charged are based on a combination of hourly and daily rates and are per panel member.

3. The day or days set aside for the Hearing by the panel are booked as full days with a minimum charge of eight (8) hours per day per member.

4. The daily rate for a Hearing is $ 5,000.00 per member plus applicable taxes.

5. The hourly rate per member for preliminary matters, preperation and Award writing is $600.00 plus applicable taxes.

6. In exceptional cases, as the co-coordinator may advise, certain panel members have higher daily and hourly rates.

7. DEPOSIT

A deposit of $ 15,000 plus applicable taxes is required for a one day Hearing for a 3 member panel. An additional deposit may be requested for additional days on appeal and for estimated Award writing.

Actual time spent will be set out in the account rendered at the conclusion of the appeal.

The cheque for the deposit is to be made payable to ADR Chambers Inc., in trust, and mailed to the head office, 112 Adelaide Street East, Suite 200, Toronto, Ontario, M5C 1K9 to the attention of the Co-Ordinator.

PLEASE NOTE :

THE FINAL ACCOUNT OF THE APPEAL PANEL MUST BE PAID TO ADR CHAMBERS BEFORE THE APPEAL AWARD CAN BE RELEASED.

8. VENUE

If the Venue for the Private Appeal is other than at the head office of ADR Chambers, in Toronto, then the co-ordinator may request an increased deposit if she is asked as the agent of the parties to book a venue for the Hearing.

9. ADJOURNMENT, CANCELLATION OR SETTLEMENT POLICY

An adjournment, cancellation or settlement of the Appeal within (30) days prior to the commencement of the Appeal, will result in a forfeit of the total deposit and taxes for the Hearning day(s) reserved for the Appeal. Any additional preparation time plus any venue charges which ADR Chambers may be obligated to pay as the agent of the parties, will be invoiced in equal shares to the parties who posted the deposit.

10. RETURN OF DEPOSIT

If the Private Appeal is cancelled, adjourned or settled prior to the thirty (30) days prior to the commencement of the Appeal, the deposit will be returned less any fees, applicable taxes, disbursements or venue charges incurred prior thereto.

Deposits are non-interest bearing.

11. NOTIFICATION OF CANCELLATION, ADJOURNMENT OR SETTLEMENT

Any adjournment, cancellation or settlement of the Appeal is to be by telephone to the co-ordinator at the head office of ADR Chambers as well as in writing and faxed or emailed to the co-ordinator and to the other Counsel involved the Appeal.

12. ADMINISTRATIVE CHARGES

If the Appeal is to be heard at the head office of ADR Chambers there will be an administrative charge for the use of an Appeal room and for any breakout rooms required plus any other sundry charges,GST and disbursements. Charges will vary between $450 and $750 per day plus applicable taxes.

Catering of lunches and other refreshments will be billed as in the final account rendered to the parties.

Any lunches required will be billed as actually charged by caterers.

Appeals heard elsewhere other than Toronto will be subject to the actual charges made by third party facility providers and caterers. If ADR Chambers is asked by the parties to make such arrangements it will do so as an agent of the parties, and the parties are jointly adn severally responsible for any charges incurred.

13. ADMINISTRATIVE FILING FEE FOR AN APPEAL.

A non-refundable administration fee of $500.00 plus applicable taxes is required to request a Private Appeal and is to be posted when requesting that the ADR chambers Co-ordiniator arrange for the Appeal Panel.

14. DISBURSEMENT AND TAXES

Disbursements and taxes will be set out in the final billing and may include:

1. Any rental charges for the venue of the private appeal.

2. Rental charges for any equipment, if necessary, requested by the parties, for the proper conduct of the private appeal.

3. Cancellation fees in relation to the use of the rented venue or equipment.

4. Invoices for lunch and refreshments provided by third party caterers for a private appeal outside Toronto or charges for caterings by ADR Chambers.

5. G.S.T. or other applicable taxes or fees on disbursements.

TO ARRANGE A PRIVATE APPEAL, CONTACT THE CO-ORDINATOR, Marjorie Coe:

Head office: ADR Chambers Inc.
112 Adelaide Street East, Suite 200
Toronto, Ontario, M5C 1K9
Tel: (416) 362-8555 ext:1222
Fax: (416) 362-8825
Toll Free: 1-800-856-5154
Email: mcoe@adrchambers.com

Copyright © 2007, ADR Chambers Inc.