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Jane C. Demaray Jane C. Demaray

résumé

I am currently a self-employed ADR services provider, working in the private sector. I began training and working to develop an ADR business in the mid-1990s, as the field itself began to take root and grow in Ontario. In those first years I was still practicing civil litigation as well, but in 2003, I closed my litigation practice. Since then, my work in the legal field has been as an ADR professional, only, primarily as a mediator in civil and commercial cases.

contents of this section

Jane C. Demaray

  narrative:

I had the great good fortune to begin my legal life at one of the last old-fashioned firms in Toronto. As a student and junior, I worked for a senior lawyer who gave me the opportunity to do supervised work in almost every area of a solicitor's general practice:

  • in real estate: agreements of purchase and sale, mortgages, powers of sale, sub-searches, 40-year searches, closings and tenders;
  • incorporations, articles of incorporation, registers, shareholders' agreements;
  • sales of business: drafting & closing both share purchases and asset purchases;
  • commercial leases: drafting leases, enforcement under leases;
  • bulk sales;
  • in estates: drafting wills, drafting & passing probate;
  • collections of every kind.

As for litigation, I attended on the procedural motions that arose in my senior's files, and had the opportunity to assist on trials and appeals involving all of the subject areas listed above. I worked on negligence and breach of trust cases against lawyers, and assisted in some criminal jury trials, including attempted murder and manslaughter in operation of a motor vehicle and a protracted preliminary hearing in a criminal conspiracy case related to the scandal of the day surrounding bachelorette apartments.

On the tort front, I worked on many motor vehicle accidents, as well as slip and fall accidents (TTC tracks, pavement, ice), a case in which a man fell through the rotten railing of a deck (broken spine), and a case in which a man fell down unlit restaurant stairs to his death (broken neck). I also assisted on cases of professional negligence against doctors.

By the time I became a partner in 1986, I was working independently as a litigator, and my practice was developing along the lines it would take until I ceased to practice law in 2003, primarily dealing with disputes arising with respect to real estate, mortgages, commercial leases, security issues, employment, franchises, partnerships, shareholders, estates and cases involving realtors' and solicitors' negligence and breach of trust.

In the early 1990s, while practising as a litigator, I began to follow developments in alternative dispute resolution. It had become clear to me that most people involved in litigation do not understand the process or the legal advice they get, and I had seen in my own practice how harrowing litigation can be, and how ruinously expensive it is for ordinary Canadians. It seemed to me that any process that would involve them personally in solving their problems would be an improvement over the Courts, and that reform was needed.

I began to take classes and study with a view to shifting my practice in the direction of non-combat dispute resolution. There were no jobs in ADR then. I simply chipped away at ADR training and business while I continued to practice litigation, until the day came when I could close my law office to practice ADR exclusively, in April of 2003.

2 final notes:

I am a Fellow of the Chartered Institute of Arbitrators of London, England. The training I did to earn this designation was the toughest I have ever undertaken, and this is the professional qualification of which I am most proud. Strictly speaking, it is not training I have had occasion to use directly, because it is training in hugely complex multi-national commercial disputes, which are not matters in which I am usually retained (LOL). But it is the most exacting training in arbitral jurisdiction and procedure available in the world and, together with my extensive practice and teaching experience in civil litigation, it developed in me a powerful procedural understanding that I bring to bear in arbitrations in Ontario.

In 2012, after more than 30 years at the Ontario Bar and more than 15 years training and working in ADR in civil and commercial cases, I decided to refresh my skills through further training. When I looked around to discover what was available, it became apparent to me that the best mediation training available in Toronto is the training offered by Riverdale Mediation, which is training in family mediation. While family mediation is not my field, I wanted that training, so I began to work with Riverdale, undertaking substantial course work and, ultimately, a 100-hour internship, through which I qualified for designation as an Accredited Family Mediator (AccFM) in 2013. The Riverdale program was exactly what I wanted: I enjoyed the training, it sharpened my skills as a mediator and my commitment to service as an ADR practitioner was renewed.

Jane C. Demaray

  current

since 1997 mediation and arbitration services
in civil and commercial matters

  training & experience & litigation / legal practice

Apr 1980 Called to the Bar in Ontario
Sep 1, 1990 - Apr 2003 Practice as a sole practitioner
civil & commercial litigation
Aug 1978 - Aug 1990 Partner (January, 1986);
previously, Associate and Articled Student
Ricketts, Harris (and its predecessor, Harris, Keachie)
Sep 1975 - May 1978 LL.B. (Bachelor of Laws) -- Graduated 1978
Osgoode Hall Law School, York University

  general training & experience in mediation & alternative dispute resolution

Dec 1998 - 2011 Rostered Mediator for the Toronto Region (from inception),
Ontario Mandatory Mediation Program
Winter 1998 Group Facilitation Training,
Canadian Institute of Cultural Affairs
Sep 1997 Certificate, Graduate Mediation Clinic
The Mediation Academy
Jun 1997 Certificate, Intensive Mediation Workshop (40 hours)
Osgoode Hall Law School, York University
Sep 1996 - Mar 1997 Internship in Mediation with June Maresca (40 hours +)
(transformative mediations in contentious domestic matters)
Spring 1994 Researcher/writer (one of a team) for Mediated Solutions Inc.:
"The Relationship between Litigation Process & ADR Methods",
for the Dispute Resolution Project,
Department of Justice (Canada)
Mar 1994 Certificate, Generic Mediation Training (40 hours)
Programme of Chornenki/Satterfield/Ryan

  arbitration

1994 Qualified as Fellow (FCIArb)
Chartered Institute of Arbitrators, London, England

  refresh & renew with Riverdale

Nov 2015 NWFF - "New Ways for Families" Advanced Training (Eddy)
Managing High Conflict Parties in Separation & Divorce
Jun 2013 AccFM (OAFM) - Accredited Family Mediator,
Ontario Association for Family Mediation
Jul 2012 - Dec 2012 Intensive Internship in Family Mediation (100 hrs)
Riverdale Mediation, Toronto
Sep 2013 Power Imbalances in Family Law Cases (Screening update)
Riverdale Mediation, Toronto
May 2013 Basic Family Negotiation & Mediation (40 hrs)
Riverdale Mediation, Toronto
Nov 2012 - Apr 2013 Family Mediation Involving Financial Issues - 4 parts:
Income Determination, Child Support, Spousal Support and Property
Riverdale Mediation, Toronto
Nov 2012 Advanced Family Mediation & Negotiation, Theory & Skills (21 hrs)
Riverdale Mediation, Toronto
Oct 2012 Power Imbalances in Family Law Cases (14 hrs)
Riverdale Mediation, Toronto
Sep 2012 Family Law (40 hrs)
Riverdale Mediation, Toronto

  teaching, demonstration & coaching (all fields):

Winter 2008 Commercial Law, core course for Accounting students
Talpiot College, Toronto
May - Jun 2005 ADR Perspectives: survey course taught on-line
Faculty of Continuing Studies, ADR Certificate Programme
University of Western Ontario
1987 - 2001 Instructor, Demonstrator & Examiner,
Bar Admission Course, Law Society of Upper Canada:
     Civil Litigation, and
     Practice Management & Professional Responsibility (Ethics)
1999 - 2001 Member of Examination Creation team, Civil Litigation
May '97, '98, '99 Instructor -- ADR (including Negotiation and Mediation)
Bar Admission Course, Phase I, Law Society of Upper Canada
May - Jun 1999 Co-Instructor "Commercial Mediation" core credit,
York University, ADR Certficate Programme
Winter '98, '99 Instructor, Faculty of Law,
ADR Survey Course for LL.B. candidates,
University of Toronto (co-instructor with Allan Stitt)
Jan 1996 - Jan 2002 Guest Instructor, ADR Survey Course, ADR Certificate Program, School of Continuing Studies, University of Toronto. Subjects:
"ADR techniques & opportunities in civil litigation"
      -- a generic consideration of litigation process, and how ADR procedures can be employed towards cooperative problem-solving rather than combat;
"Power"
  -- constructing a working definition of power in the context of disputes and their resolution, and consideration and critique of the concept that the mediator "equalizes" unequal bargaining power;
"arbitration"
  -- lecture, materials and demonstration of an arbitration hearing
Fall 1997 Mediation Demonstrator
Dispute Mediation Project, Department of Justice (Canada)
Fall 1987 Licensed Instructor, Dale Carnegie Course
"How to Win Friends & Influence People"

  community service

Legal Aid Area Committee (York), Volunteer for 21 years The Committee hears applications in criminal, civil, matrimonial and immigration matters. I served in more than a hundred hearings from 1983 onwards, as a member-panelist and chair;

In addition,
Chair of the committee of the whole (Apr 1991 - Apr 1993);
Vice-Chair of the committee of the whole (Apr 1989 - Apr 1991);
& Chair of the Subcommittee regarding Conflict of Interest Rules and Tenure of Office

Winter 1997 - 1998 Member, Task Force on Equity and Access
Law Society of Upper Canada

  writing

Spring 1998 "The Personal Property Security Act — Enforcement",
Ch. 16, Debtor-Creditor Relations - Cases & Materials (Walker, Ash), Butterworth's pub. (1998)

  painting

Self-study
From 1994
& ongoing
In 1994, I began to paint on my own, and to study art intensively at the same time. As well as the works of individual artists, I read art history, media & techniques, colour theory and art criticism. This led to study of the art of cultures other than Europe & North America, then to so-called "primitive" art, outsider art and finally to craft - glass, clay, wood, stone and textiles throughout the world.

(In no particular order) my interests include -
  • the Renaissance Art of Florence & Venice;
  • the construction & ornament of temples, cathedrals, synagogues & mosques throughout the world;
  • the art of Japan - especially woodblock prints, textiles and the history, construction & lore of the kimono
  • Art Nouveau in all its forms;
  • Persian calligraphy & miniatures;
  • artifacts of aboriginal peoples throughout the world, particularly those of New Guinea, and the Haida and Kwakiutl peoples of Canada;
  • illuminated manuscripts, especially French Books of Hours;
  • the watercolours of Singer Sargent;
  • the New York School (especially DeKooning & Motherwell);
  • the surreal assemblages of Joseph Cornell;
  • the collages of Max Ernst;
  • black in painting (Carravagio, Goya, Manet, Picasso ...);
  • the global trade in red pigments;
  • trade beads - making & exchange in Persia, throughout the Mediterranean (especially Venice) and north Africa, and the distinct trade in North America - glass, silver, copper, brass, stone, bone, clay;
  • silver tribal jewellery of the Silk Road countries, India, Tibet, Nepal & Bali;
  • paintings & politics:
         painting as propaganda:
              David, Death of Marat;
         paintings as protest:
              Géricault, The Raft of the Medusa,
              Picasso, Guernica;
         painting & censorship: Hitler's suppression of some of
         the early moderns as "degenerate art";
  • crimes relating to painting (theft, forgery), including crimes of war and remedies for those crimes.
Summer 1999 Angel Studios, "Florentine Painting", intensive seminar (1 wk).
I worked with Andrea Del Sarto's "Madonna of the Harpies"
Fall 1998 - 1999 Angel Studios (intensive training in methods of the Old Masters) drawing including the figure, minimum 18 hrs per week. (The entire program takes about 8 years. I never got past using graphite pencils, but it was fabulous training!)
Jun 1992 Watercolour Painting, with artist Chinkok Tan, 3 weeks
Full credit course (3 wks), Ontario College of Art
Jun 1991 Watercolour Painting - Landscape - 1 week
Grand Manaan (thru Art Gallery of Ontario)
Summers '91 - '94 Haliburton School of the Arts, week-long courses in watercolour painting, oil painting, colour theory & perspective
Winter '90 - Spring 1993 Art Gallery of Ontario, 3 terms per year, night classes in drawing, watercolours & painting the figure