Mediator Resume

Igor Ellyn, KC, FCIArb. LSM is an experienced commercial arbitrator with a long history as legal counsel in commercial and business disputes and member of 4 arbitration panels: 1) ICDR, 2) ICC Canada Arbitration Committee, 3) ADR Institute of Ontario 4) Bucharest International Arbitration Centre. Past president of the Ontario Bar Association and past Chair of Chartered Institute of Arbitrators, Toronto Chapter, Co-editor of ArbitrationandBusinessCases.ca and author of 3 books, including Litigating & Arbitrating Business Disputes (Lexis-Nexis). Speaks five languages: English (native fluency), French (99% fluency), Romanian (95% fluency), Hebrew and German (each 65% comprehension, reading).

Igor Ellyn, KC, CS, FCIArb., LSM IGOR ELLYN ADR o/b Igor Ellyn Professional Corporation – Principal, Chartered Arbitrator and Mediator, Legal Counsel Certified by the Law Society of Ontario as a Specialist in Civil Litigation Designations: KC = King's Counsel, designation by Province of Ontario since December 1984 (formerly Queen's Counsel until Sept 8, 2022) CS = Certification as a Specialist in Civil Litigation by Law Society of Ontario since May 1989 FCIArb. = Fellow of the Chartered Institute of Arbitrators, designated on March 7, 2003 LSM = Recipient of the Law Society Medal, highest designation of Law Society of Ontario in May 2023

Chartered Arbitrator, Mediator, Lawyer, Legal Counsel, Legal Educator, Legal Author.

Principal/Chartered Arbitrator and Mediator, IGOR ELLYN ADR o/b Igor Ellyn Professional Corporation, 2015 – Present; Senior Partner, Ellyn Law LLP Business Litigation & Arbitration Lawyers, 2007 – 2015; Principal, Ellyn-Barristers Business Litigation Counsel, 1987 – 2007; Associate, Thomson Rogers, 1986 – 1987; Principal, Ellyn & Associates, 1980 – 1986; Partner, Ellyn & Luftspring, 1974 – 1980.

Business Litigation and Arbitration Counsel since 1973. Practice emphasis on commercial, corporate, shareholder, partnership, computer software, construction and commercial leasing and real estate disputes. Experience spans complex litigation and arbitration in many industries including the following: - Accounting and Auditing, Banks and Financial Institutions, - Broadcasting and Media, Computers and Software, - Construction Projects, Farming and Produce, - Professional Practices, - Internet Publishing, Domain names and Web Portals, - Investment Gemstones, - Insurance and Reinsurance – Shareholder Issues, - Journalism, - Heavy Equipment Manufacturing, including mining and aircraft parts, - Mass Spectrometry, Musical Instruments, - Paper Conversion, - Pharmaceuticals Licensing, - Pharmacies, - Real Estate Development, - Condominium and new home construction, - Commercial Leases and Industrial Buildings Counsel on about 75 cases reported in legal databases and law reports, including one report in the English law reports.

Mediator at 25-30 commercial mediations as mediator, involving - contract disputes - dispute between bank and customer, - shareholder, partnership and joint venture disputes, - construction and home improvement matters - employment disputes. - non-competition covenant breaches - employment contract dispute between a synagogue and its former rabbi - professional negligence dispute involving multiple parties, one of whom was a former lawyer, who had become a judge. Amounts in dispute have ranged from under $100,000 to over $1,000,000.

- Share ownership in closely-held corporations - Corporate disputes, including in multi-generational corporations - Operation of bank account - improper withdrawals - Shareholder oppression - Non-competition clause breaches - Contract interpretation of commercial agreement - Estimates of damages arising from breach of commercial agreement - Length of notice of an employment contract - Liability for damage arising from faulty or defective construction - Dispute between condominium corporation and owner. - Professional negligence dispute involving legal negligence and insurance.

The mediator should be an effective bridge to facilitate settlement of all or part of the dispute. The mediator must help the parties find a reasonable balance between the "interests" and the "rights" of the parties. Commercial litigants and arbitrants may have a mutual interest (but not necessarily the same interest) in resolving their dispute, including the prospect of the doing business together when the litigation is over. Each of the parties also has rights, namely, what is the judge or arbitrator likely to decide at trial or hearing. The mediator will try to balance these factors to achieve a settlement. The mediator is most effective when s/he inspires the parties to trust his/her knowledge and capacity for reasonable judgment. This is accomplished if the mediator has a solid understanding of 1) the facts of the case, 2) the concerns and desires of each party and 3) a reasonable framework for resolution. Mediations should be efficient and get to the point quickly. There is little benefit in oral statements of position or grandstanding by parties or counsel in a joint session. The real work is done in the private sessions. The mediator must be mindful that while s/he is speaking to Party A, the Party B is waiting impatiently in another room. The mediator should keep both parties involved by not spending too much time with either party or at least, frequently reporting progress to both parties. The experienced mediator recognizes that not every case will settle and not every party is willing to compromise enough to make a deal. Not all differences can be bridged. The mediator must also recognize, to use a baseball analogy, that you don't need a home run to win every game. Successes on small points could add to greater agreement, as the points of disagreement narrow. The mediator's role is to facilitate a settlement. It is not the mediator's role to force a settlement on the parties. The mediator inspires trust and confidence by 1) Thorough preparation to understand the facts and issues of the case; 2) Giving the parties an overview of his/her understanding and permitting each party to supplement or correct errors; 3) Treating each party with respect even if the mediator does not agree with the party's position, and maintaining neutrality; 4) Focusing on a combination of interests and rights, as appropriate, to assist parties in finding common ground; 5) Demonstrating his/her knowledge of the litigation/arbitration process, so that parties understand their BATNA* 6) Protecting the confidentiality of each party by not disclosing information received in confidence; 7) Thinking out of the box in private sessions to float possible alternatives which the parties may not have considered; 8) Maintaining a calm and pleasant demeanour throughout the mediation, even if the parties or counsel do not; and 9) Dedication to mediation process until settlement is reached or until there is clearly an impasse which cannot be bridged. * Best Alternative to No Agreement.

Have conducted all or part of 14 arbitrations on Zoom. Have also conducted mediations and cross-examinations on Zoom. Requests electronic documents only for all aspects of arbitrations.

Law Society of Upper Canada (Bar Admission Course–1973); Western University, London, Ontario, Canada (J.D.– 1971); Bradley University (B.A.–1968). Advocates Society, Harvard Law School Mediation Workshop, 1997.

Admitted to the Bar: Law Society of Ontario (Ontario, Canada), 1973; Queen's Counsel (Ontario, Canada), 1984; (became King's Counsel after September 8, 2022) Certified by the Law Society of Upper Canada as Specialist in Civil Litigation, 1989; Temporary Call to Lincoln's Inn, England to appear English High Court and English District Court, 2009 Temporary Call to Barreau du Quebec, Canada to act as counsel an arbitration in Montreal, Quebec, Canada. Fellow, Chartered Institute of Arbitrators since March 7, 2002.

- Law Society of Ontario (regulatory body for Ontario lawyers) - Chartered Institute of Arbitrators (Chair of Toronto Chapter); - Canadian Arbitration of Committee, ICC International Chamber of Commerce Court of Arbitration; - Toronto Commercial Arbitration Society; ADR Institute of Ontario; - Canadian Bar Association; Ontario Bar Association (President of Ontario Bari Association 1994-1995); - Canadian Bar Association, Member of Arbitration National Committee; - Toronto Lawyers Association; - Association des juristes d'expression française de l'Ontario; - International Network of Boutique Law Firms (Chair, Business Litigation and Arbitration Practice Group); - International Association of Jewish Lawyers and Jurists. - Bucharest (Romania) International Arbitration Centre (panelist)

PUBLICATIONS: Author, Litigating and Arbitrating Business Disputes, Lexis-Nexis Canada, August 2015) http://tinyurl.com/pfxd88c Co-Author, International Liability of Corporate Directors - 2nd Edition - (Juris Publishing) http://tinyurl.com/odxyzg9 Co-Author, Enforcement of Money Judgments, (Juris Publishing) http://tinyurl.com/plcxcya (Alphabetical list of articles relevant to arbitration and mediation) • A Business Person’s Perspective on Resolving Shareholder Disputes (2008) • Commentary on Supreme Court of Canada's decision in Sattva v. Creston Moly • Canadian Arbitrator Lacks Jurisdiction to Make Injunctive Orders (2011) • Canadian Litigants Battle over the Scope of Arbitration Clauses (2009) • Drafting Pleadings in the Enlightened Age of Mediation(2010) • Litigating Shareholder and Oppression Claims: Arbitration or Commercial List (2014) • Orders and Awards in Arbitration Proceedings (2011) • Persuasive Pleading Promote Satisfying Settlements (2006) • Preparing for Cross Examination and Discovery in Ontario Lawsuits (2014) • Proving Just Cause as Employer’s Counsel (2002) • Recent Decisions of Ontario Courts affecting Arbitration Law and Practice (2012) • The Role of Arbitration in International Business (2013) • The Tension between Choice of Law and Mandatory Rules in Agency Arbitration (2008). SPEAKING ENGAGEMENTS: Have also instructed and coached about advocacy and arbitration as follows; (partial list) - Osgoode Hall Law School of York University - Seminar participant and instructor - Arbitration LL.M. Program - Instructor and Guest Arbitrator at ICDR VIS preparation Moot, New York, Feb 2020 - Guest Arbitrator, VIS East Moot Court Competition, Hong Kong (Virtual by Zoom), Marcy 2020 - York University M.BA, program - Entrepreneurship Program - lecture on International Arbitration - Osgoode Hall Law School - Professional Development - Several Programs on Advocacy, Experts and Arbitration - Osgoode Hall Law School Intensive Trial Advocacy Workshop, Advocacy Coach over six years - The Advocates Society - Seminal presentation on electronic trials and streamlining the advocacy process. - Canadian Bar Association and Ontario Bar Association - Chaired 12 Professional Development Programs and Speaker at least 20 others. - Chartered Institute of Arbitrators - Canadian Branch - Co-Chair of Annual Symposium on Arbitration in Canada (2016-2019) - Law Society of Upper Canada (now Ontario) - Bar Admission Course Instructor, Civil Procedure for eight years.

Toronto, Ontario, Canada.

Hourly Rate: $475.00 Daily Rate: Not provided Study Rate: $475.00/hr Cancellation: $1,500.00/Day Cancellation Period: 14 Days Comment: In Canada, HST of 13% is chargeable on all fees but there may be exemptions for non-resident corporations in certain cases. These charges do not include the hearing room, breakout room or food. The mediator will recommend preferred locations at reasonable cost. Cancellation charges will be reasonably negotiated with the parties. If the time can be filled, the cancellation charge will be reduced.

English; French; Romanian

Canada

Canada