Commercial Mediation

Ari Kaplan mediates business, partnership and insurance disputes. He is a qualified mediator in the Harvard interests model and has negotiated dozens of business settlements. Also, Ari is an experienced commercial litigator and was an expert witness on Canadian law in U.S./Delaware litigation. 

Insolvency and Restructuring

Ari Kaplan facilitates funding solutions and helps parties negotiate compromises during restructuring. He has appeared for pension interests in British Columbia (Re Catalyst Paper Corporation) and Quebec (Re Bloom Lake, g.p.l.). Ari’s book Pension Law was cited as an authority in Re Indalexthe Supreme Court of Canada's leading decision on insolvency and pensions.

In Re Nortel Networks, Ari was on the litigation team for the successful Canadian Creditors' Committee during the cross-border trials in Delaware and Ontario. In 2015, these judgments allocated $7.3 billon to the estates in North America and Europe for distribution to claimants in America, Canada and the United Kingdom.

Class Actions

Ari Kaplan has mediated complex class action resolutions and has negotiated settlements as class counsel in a dozen class proceedings, e.g.: Waterston v. CBC, TTC v. SignorileDhillon v. City of HamiltonSunnybrook Health Sciences Centre v. LorenzNational Trust Company v. SmallhornCBS Pictures Canada Inc. v. Dillon:

... achieved a result that is significantly more beneficial to the class than the original offer.
— Justice Maurice C. Cullity, Ontario Superior Court
... negotiations at arm’s length with the benefit of expert advice. The parties have been well served.
— Justice I.V.B. Nordheimer, Ontario Superior Court

Pension Regulators

Ari Kaplan acts for clients involved with pension regulators. He facilitates negotiated conversions to target benefit, joint trusteed and multi-employer plans. He mediates regulatory and compliance disputes, funding, indexation, expenses, communication, enrolment, termination, investment, administration, service, transfers, and beneficiary entitlements. Ari writes settlement reports for parties filings. 

I highly recommend using Ari Kaplan to mediate any pension or benefits dispute. I have had the privilege of working with Ari and I have complete confidence in him. He always gets the job done.
— Mitch Frazer, Torys LLP, Chair of Pensions & Employment Practice
Both sides to the arguments are at risk. The costs of continuing on with this dispute if an agreement is not reached will be a substantial, if not prohibitive, burden on the members. There is the likelihood of considerable delay.
— Imperial Oil Limited v. Ontario (Superintendent Financial Services) 2010 ONFST 16

For more on commercial mediation, please contact info@mediationbenefits.co or 416.565.4656 / 1.844.819.8525. See also Calendar.