Commercial Mediation

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


Ari Kaplan facilitates funding solutions and helps parties negotiate compromises during restructuring. His 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. For more, see "Top 10 Business Decisions of 2016"). Ari has also appeared for pension and benefit interests in British Columbia (Re Catalyst Paper Corporation) and Quebec (Re Bloom Lake, g.p.l.).  

Class Actions

Ari Kaplan mediates complex class action disputes 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 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

For more, please contact or 416.565.4656 / 1.844.819.8525. See also Calendar.