Financial Terms for Arbitrations and Mediations
Pre-hearing Fixed Fee
In order to provide certainty for the parties with respect to the amount of pre-hearing charges, I charge a fixed fee of $1,000 per party for the administrative costs and time associated with accepting an appointment, organizing a teleconference to set the dates for the arbitration or mediation, attending the teleconference, scheduling the arbitration or mediation, reviewing and responding to emails concerning client and witness availability, reviewing and issuing Notices to Attend and Notices to Produce and communicating with the parties in advance of the hearing or mediation. The Pre-Hearing Fixed Fee is charged whether or not the hearing or mediation proceeds. The Pre-Hearing Fixed Fee does not include the time spent on case management conferences or on any contested issues including contested issues with respect to Notices to Attend and Notices to Produce.
Hourly Rates
Professional fees charged for the arbitration or mediation are based on an hourly rate. The hourly rate will apply to all time spent on the arbitration or mediation (except for matters covered under the Pre-Hearing Fixed Fee) and includes time spent on: addressing any contested matters; case management conferences; travel time; review of materials; conduct of the hearing or mediation; review of exhibits and case authorities; consideration of the issues; preparation of a decision; any ancillary matters; and compliance with any obligations if my decision is to be reviewed by the Labour Relations Board or Courts. Parties considering appointing Jim Casey can contact him for information on his current hourly rate.
Cancellation Fees
If the hearing or mediation is adjourned or cancelled more than 1 month in advance of the hearing, there is no cancellation fee. The Pre-Hearing Fixed Fee and a fee for my other time spent on the file will be charged. If the hearing or mediation is adjourned or cancelled less than 1 month in advance of the hearing, then a cancellation fee of $1,500 per scheduled hearing day is charged and divided between the parties. The cancellation fee applies whether the matter is settled or if the hearing had to be cancelled and rescheduled or if not all the hearing days are required. The Pre-Hearing Fixed Fee and a fee for my other time spent on the file will also be charged. If I attend the arbitration or mediation and the parties settle or adjourn the matter, then I charge for the full hearing day. The parties are responsible for any costs for cancelling the hearing room and for any non-refundable travel expenses, regardless of the date a hearing is adjourned or cancelled.
Disbursements
Disbursements that I include in my accounts include all payments to third parties such as travel costs, hearing rooms, hotel rooms, meals, and parking. If I use my personal vehicle to drive to an arbitration outside of Edmonton, mileage is charged at the current CRA approved rate.
Interim Accounts
In most cases I issue an interim account after completion of the arbitration hearing. Then I will issue a final account when I issue the arbitration award. However, where there are significant delays in completing a matter due to applications in advance of the hearing, adjournments, or the need to schedule additional hearing days, I reserve the right to issue additional interim accounts.
GST
GST is charged on all accounts unless a party confirms in advance that they are GST exempt. If a party is GST exempt, it is their responsibility to advise us immediately after I accept the appointment.
Payment of Accounts
It is understood that the parties will bear equally the cost of my involvement and that I will invoice your offices on behalf of your respective clients. Prompt payment is expected. Statements of Account from our office are expected to be paid at the latest within 30 days of receipt. Amounts which are unpaid after 30 days are subject to interest charged at 1.5 percent per month (18 percent annum).
The preferred method of payment of accounts is by electronic funds transfer (“EFT”). If EFT is not possible, we do accept cheques which can be mailed to our mailing address. We do not accept payment by credit cards.