Daniel Shapiro, K.C.

Inactive Member Of The Law Society Of Saskatchewan, Works As A Mediator – Arbitrator

Daniel Shapiro, K.C., C. ARB, ADR (Alternative Dispute Resolution), Saskatoon, SK
311 21st Street East
Saskatoon, SK S7K 0C1 Canada
tel: 306-244-5656 fax: 306-244-5644

ADR (Alternative Dispute Resolution)

Arbitration and Mediation

Broad background experience in various forms of tribunals and ADR relating to:
Labour Arbitration
Human Rights matters
Insurance Mediation
No-fault Claims Mediation
Disability Arbitrations
Private / Contract Disputes
Indian Residential School adjudications
Professional Bodies

Legal Consulting Services

Consultant to other law firms in above areas as well as:
Civil Litigation
Personal Injury
Professional Negligence
Wrongful Dismissal

Registered with the Law Society of Saskatchewan since 1979, Law Society of Alberta (1987- 2003), qualified Mediator since 1994, appointed Queen’s Counsel in 1996. Awarded the Chartered Arbitrator (C. Arb.) designation by the ADR Institute of Canada in 2003, recognizing his expertise and experience as an arbitrator.

In recent years, practice focuses on providing Alternative Dispute Resolution (ADR) services including arbitration, adjudication and mediation.

ADR Background includes:

  • 2003, Appointed as Chartered Arbitrator by ADR Institute of Canada
  • 2003, Appointed as Senior Adjudicator, Indian Residential Schools (Canada) Adjudication Secretariat (Alternative Dispute Resolution model)
  • 2002, Appointed Vice-Chair, Discipline Committee, Saskatchewan College of Physicians and Surgeons
  • 2001, Appointed by Supreme Court of Ontario as Saskatchewan Referee/Arbitrator for disputes under Hepatitis C Class Actions Settlement Agreement
  • 1998 & 1999, Appointed by Minister of Justice as one-person Board of Inquiry under Saskatchewan Human Rights Code
  • Experienced arbitrator (both as sole arbitrator and chair of tripartite boards) in a wide variety of both public and private sector labour relations disputes, with previous counsel experience in arbitrations and labour relations board matters, representing both labour and management
  • Member of ADR Institutes of Canada and Saskatchewan
  • Considerable experience in health sector labour relations arbitrations
  • Experienced collective bargaining negotiator
  • Experienced mediator with an emphasis in mediating no-fault auto insurance claims and member of Conflict Resolution Saskatchewan (formerly Mediation Saskatchewan)
  • Appointed arbitrator under major public sector union Long Term Disability Plan

In addition, provides litigation consulting services to other lawyers. Summary of litigation experience/background:

  • Handled numerous civil litigation, medical negligence, injury, wrongful dismissal, insurance, labour relations and human rights cases
  • Has appeared as Counsel in all levels of courts throughout Saskatchewan and Alberta, as well as the British Columbia Supreme Court, the Tax Court of Canada and the Supreme Court of Canada
  • Taught at the College of Law, University of Saskatchewan, in the area of Trial Advocacy as well as teaching at a number of Continuing Legal Education Programs
  • Past President, Saskatchewan Trial Lawyers Association
  • Inaugural Chair, Canadian Bar Association (SK Branch) Health Law Section
  • Past Chair, Law Society of Saskatchewan/ Canadian Bar Association Joint No Fault Committee
  • Served many terms as District Governor (SK and MB) of the American Trial Lawyers Association

Mediation Training Program (1994)
(Introductory, Intermediate I and Intermediate II Training Modules), Fifth Avenue Mediation & Counselling (Daniel Hamoline and Andrew Smith, Saskatoon), November 26, 1994 – Designated by Sask. Law Society as Mediator

College of Law – LL.B. (1978)
University of Saskatchewan, Saskatoon SK

French – Civil Law/Common Law Exchange Program (1976)
University of Sherbrooke

Undergraduate Studies (1973 – 1975)
York University, Toronto ON

Completed Grade 12 (1973)
Toronto ON

Past Leadership Positions
  • Saskatchewan Trial Lawyers Association, founding member/li>
  • Saskatchewan Trial Lawyers Association – Vice President, President/li>
  • Canadian Bar Association, Saskatchewan Branch, Health Law Section – Inaugural Chairperson/li>
  • Canadian Bar Association, Saskatchewan Branch, Health Law (North) Section – Inaugural Chairperson/li>
  • Canadian Bar Association, National Health Law Section, appointed Saskatchewan Representative/li>
  • The Association of Trial Lawyers of America, District Governor (SK and MB)/li>
  • Joint No-Fault Auto Insurance Committee, Law Society of Saskatchewan and Canadian Bar Association, Saskatchewan Branch, Committee Chair/li>
  • Honourary Member and Counsel to Army, Navy and Airforce Veterans in Canada, Saskatoon Unit No. 38
Special Lectures
  • Saskatoon – “Demystifying the Legal Process”, September 2002
  • Faculty member, guest speaker, panelist at Saskatchewan Trial Lawyers Conference, Saskatoon, “Suing the Pros – The Professional Negligence Action, June, 2002
  • Guest speaker, Canadian Bar Association, Administrative and Labour Law North Section, “View from the Arbitrator’s Chair – how to improve the Arbitrator’s field of vision”, January 29, 2002 [Commentary published in CBA Bar Notes, Spring 2000 issue]
  • Guest speaker, Canadian Bar Association, Young Lawyers North Section, No-fault Auto Insurance, November 2001
  • Presented paper, “The Role of Lawyers under ‘No-fault’,” Canadian Bar Association, Saskatchewan Branch, Mid-Winter Meeting, Saskatoon, January 28-30, 1999
  • Guest Speaker at C.B.A. (Sask. Branch), Young Lawyers North Section, topic “No-fault Auto Insurance” (December 9, 1999)
  • Guest Speaker at Canadian Bar Association, Saskatchewan Branch, Health Law Section, topic, “The Issue of Informed Consent in Medical Negligence Litigation” (February 5, 1997)
  • Saskatchewan Legal Education Society Inc. Seminar on Understanding the Personal Injury Benefits Plan: Effects of “No Fault” on Your Practice, paper presented: “Application of the ‘Personal Injury Protection’ Plan and the Remaining Common Law Tort Claims”, Saskatoon (March 17, 1995)
  • Saskatchewan Trial Lawyers Association, Spring Seminar, on Effective Advocacy: Winning Your Case, paper presented: “Civil Pre-Trial Motions, Notices for Trial”, Saskatoon (March 4 & 5, 1994)
  • Sessional Lecturer at College of Law, University of Saskatchewan (Trial Advocacy) (1988, 1989, 1992 and 1993)
  • Guest Speaker at Canadian Bar Association, Saskatchewan Branch, Young Lawyers (North) Section, Topic: “Conduct of a Personal Injury Action”, Saskatoon (December 12, 1991)
  • Status to Sue Under The Fatal Accidents Act?” (August, 1991 issue), “Public Interest Intervention: Is Saskatchewan Poised to Catch Up to Everyone Else?” (February, 1992 issue), “The Ontario No-Fault Experience” and “The American No-Fault Experience” (February, 1993 issue)
  • Saskatchewan Trial Lawyers Association publication “The Advocate”, papers presented: “Peer Review: Issues of Discovery”, Vol. II, Issue III, “Task Force Reviews Liability & Compensation Issues in Health Care”, Vol. III, Issue III, “Rigid Interpretation of Limitation Periods Alive and Well” and “In Search of Roots” (June, 1990 issue), “Common Law Spouses
  • Faculty Member, Conference Committee member and Guest Speaker at Saskatchewan Trial Lawyers Association Conference on Computer-Assisted Litigation, co-presented with Mr. Henry Kloppenburg on “Using Computers to Evaluate Structured Settlements: Decision-Making with Computers (Settle or Litigate)” (March 30 & 31, 1990)
  • Guest Speaker at joint meeting of Canadian Bar Association, Saskatchewan Branch, Civil Litigation (Northern) Section and Health Law (Northern) Section, Topic: “Tips in Preparing for and Conducting Cross Examination of Experts”, Saskatoon (February 15, 1990)
  • Guest Lecturer for Public Legal Education Association on numerous occasions on a wide range of topics since 1979, as well as participating in a televised Public Legal Education Telecable 10 Program on “Personal Injury Claims” and guest on the Roy Norris Open Line Show, Topic: “Medical Malpractice” (January 17, 1990)
  • Guest Lecturer at College of Family Physicians of Canada, Family Medicine Residence Seminar entitled, “How to Avoid Litigation: A Legal Perspective”, Saskatoon City Hospital Auditorium (January 16, 1990)
  • Faculty member and panellist at 31st Annual Scientific Assembly of The College of Family Physicians of Canada, along with Dr. John Alexander, Plains Health Centre, Regina and Dr. Stewart B. Lee, Secretary-Treasurer, Canadian Medical Protection Association, Ottawa; Saskatoon (May 16, 1989)
  • Conference Committee, Saskatchewan Trial Lawyer’s Association, “Charter Conference: Criminal and Civil”, Saskatoon (April 21 & 22, 1989)
  • Guest Lecturer at the Saskatchewan Union of Nurses Labour School, re: Medical Negligence, Fort Qu’Appelle (June, 1987), Waskesiu (May, 1988) and Regina and Saskatoon (February, 1989); Presented paper: “Profile of a Medical Negligence Action”
  • Presentation at Canadian Bar Association, Saskatchewan Branch, Mid-Winter Meeting, re: Settlement Pre-Trial Conferences; Paper: “Pre-Trial Settlement Conferences: Pandemonium or Panacea” (February, 1989)
  • Sessional Lecturer at College of Law, University of Saskatchewan (Trial Advocacy) (Winter session, 1988, 1989, 1992 and 1993)
  • Participated in the College of Medicine Dean’s Lecture Series Debate with Dr. H. Emson, re: “The Deterrent Component of Medical Negligence Litigation” (October 20 – 23, 1988)
  • Presentation at Interphase Saskatchewan Conference, re:”Medical-Legal Aspects of Emergency Care”, Saskatoon (October, 1988)
  • Participated in Debate before Council of the Canadian Bar Association, Saskatchewan Branch, with Dr. Dennis Kendel, Registrar of Saskatchewan College of Physicians and Surgeons, re: “Privilege and Peer Review” (March, 1988)
  • Presentation at Canadian Bar Association, Saskatchewan Branch, Mid-Winter Meeting, re: Medical Negligence; Paper: “Anatomy of a Medical Malpractice Action; Practical Pre-Trial Considerations from the Plaintiff’s Perspective” (February, 1987)
  • Presentation at Saskatchewan Trial Lawyers Association, Spring Seminar, on Medical Negligence, Paper: “Medical Malpractice Actions: Gathering the Evidence”, Saskatoon (April, 1986)
  • Guest Speaker at First-Year Banquet for University of Saskatchewan, College of Law (1979)
Case of Note
Case Of Note: Acting As Counsel
Reported cases since 1987 may be viewed by Law Society members on-line at:


Reported cases since 2001 may be viewed on line at:

Administrative Law

  • Stromberg at el v. Law Society of Saskatchewan et al.
    [1996] 3 W.W.R. 389 (Sask. Q.B.)
    [1996] 10 W.W.R. 737 (Sask. Q.B.)
    [Application to quash quasi-criminal charges by Law Society against lawyer]

  • Stolar v. Moore et al [1995], 128 Sask. R. 144 (Sask. C.A.)
  • [Judicial Review – Workers’ Compensation Board decision]

  • Milne v. Government of Saskatchewan, [1992] 3 W.W.R. 354 (Sask.C.A.)
    [Judicial Review – bias re: Chair of Government chiropractic billings review committee]

Auto Accidents, Personal Injury, Insurance

  • Willms v. Saskatchewan Government Insurance 2002 SKQB 278,
    [2002]TWL QB02276 (Sask. Q.B. Allbright J.)
    2003 SKCA 18, [2003] TWL CA03018 (Sask. C.A.)
    [Suit against SGI for denying insurance benefits to farmer who collided with train, where SGI alleged that the farm plates were not applicable]
  • Cox et al v. Board of Education of Battlefords School Division No. 118 of Saskatchewan
    [2002] SKQB 150 (Sask. Q.B., Baynton, J.)
    [Claim for damages from environmental illness on behalf of a group of high school teachers]
  • Flysak v. St. Paul’s Roman Catholic Separate School Division No. 20, 2002 SKQB 2, [2002] TWL QB02002 (Dovell, J.)
    [Claim for damages from school playground accident]
  • Zip Transfer Ltd. v. Sask. Power Corp., Sask. Q.B., 2000SKQB132 [auto accident]
  • Gallant v. Belcourt, Sask. Court of Appeal CA 91028 January 1991
    [auto accident]

Aviation Accident Litigation

  • Stolar v. Moore et al (see under Administrative Law)

Commercial Litigation

  • Kaplan v. Congregation Agudas Israel
    2001 SKQB 3, [2001]TWL QB01011 (Sask. Q.B., Wright, J.)
    2001 SKCA 100, [2001]TWL CA01100 (Sask. C. A.)
    [claim against directors alleging inducement to breach contract]
  • First Choice Capital Fund Ltd. v. First Canadian Capital Corp., [1997] 9 W.W.R. 177 (Sask.Q.B.)
  • [Immigrant investor litigation]

  • Porter Development Ltd. et al v. Cairns Homes Ltd. et al, March 29, 1983, Sask.C.A.
    [Complex commercial real estate litigation]
  • Co-op Trust of Canada v. Target 21 Industries Ltd., [1983] 3 W.W.R. 97 (Sask. C.A.)
    [Complex commercial real estate/mortgage litigation]

Criminal Law

  • R. v. Latimer
    [mercy killing]
    Intervenor status, February 20, 1995, (Sask. C.A.)
    Main Appeal; [1995] 8 W.W.R. 609 (Sask. C.A.)
  • R. v. Harvey Smith, [1983] 4 W.W.R. 717 (Sask. C.A.)
    [tax evasion – art fraud]

Fatal Accidents Litigation

  • Attorney General of Canada v. Ahenakew
    [1984] 3 W.W.R. 442 (Sask. Q.B.)
    [1986] 4 W.W.R. 230 (Sask. C.A.)
  • Brazeau v. Olson(civil jury trial – loss of mother of young children]

Medical Malpractice Litigation

  • Robinson v. Royal University Hospital and Hanson, Sask. Court of Appeal, 94130, Sep. 1993
    [Claim against obstetrician and hospital alleging failure to prevent transmission of Group B Strep from mother to baby during delivery]
  • Steier v. University Hospital Board, [1988] 4 W.W.R. 309 (Sask. C.A.)
    [Claim against anaesthetist re: severe brain damage due to anaesthesia complications]
  • Finley v. Sugarman, [1987] 2 W.W.R. 40 (Sask. Q.B.)
    [Hospital claim of privilege re: peer review/quality assurance programs, obstetrical negligence action]
  • Haughian v. Paine
    [1987] 36 C.C.L.T. 242 (Sask. Q.B.)
    [1987] 4 W.W.R. 97 (Sask. C.A.) (leave to appeal to S.C.C. refused)
    [Claim for medical negligence against neurosurgeon, leading to paralysis, informed consent issues]

Public Interest Litigation

  • Fancy, Sask. Human Rights Commission v. Board of Education of Saskatoon,
    [1999] 35 C.H.R.R. D/9 (Sask. Board of Inquiry, Halvorson, J.)
    [Prayer in Schools]
  • Attorney General of Canada v. Saskatchewan Water Corporation et al
    [Rafferty/Alameda dam case], [1991] 2 W.W.R. 614 (Sask.C.A.)
  • Welk v. Social Services Appeal Board
    (1985), 21 Admin. L.R. 78 (Sask. Q.B.)
    (1986), 28 D.L.R. (4th) 476 (Sask. C.A.) (leave to appeal to S.C.C. refused)
    [Whether “family” includes common law spouses]
  • Saskatoon Criminal Defence Lawyers Association v. Lane(1985), 11 D.L.R. (4th) 239 (Sask. Q.B.) [Whether province can unilaterally reduce size of Court of Queen’s Bench]
Selected Reported Decisions
Attendance at Selected Legal Programs
  • SKLESI seminar, “Business Practicalities of Running Your Law Practice”, Saskatoon, June 2003
  • SKLESI seminar, “Document Disclosure and Production”, Saskatoon, May 2003
  • SKLESI “Loss Prevention Seminar”, Waskesiu, June 2000
  • Canadian Bar Association, Saskatchewan Branch, Mid-Winter Meeting, Saskatoon, January 31, February 1, 1997
  • SKLESI “Loss Prevention Seminar”, Saskatoon, October 1996
  • Saskatchewan Trial Lawyers Association, Spring Conference, “Effective Advocacy: Winning Your Case”, Saskatoon, (March 4 & 5, 1994)
  • Saskatchewan Trial Lawyers Association, Spring Conference, “Cross-Examination Symposium for Trial Lawyers”, Saskatoon (April 30, May 1, 1993)
  • Co-sponsored by Alberta Civil Trial Lawyers Association and American Trial Lawyers Association National College of Advocacy, “The Art and Science of Liability Negotiations: Reaching Optimal Settlement”, Edmonton, Alberta (November 6 & 7, 1992)
  • Saskatchewan Trial Lawyers Association, Spring Conference, “Mock Jury Trial”, Saskatoon (March 20 & 21, 1992)
  • Saskatchewan Trial Lawyers Association, Fall Conference, “Assessing Pecuniary Damages in Personal Injury Claims”, Regina (November 2 & 3, 1990)
  • Continuing Legal Education, Law Society of Saskatchewan, “Lawyers Guide to Negotiation and Settlement Seminar”, Saskatoon (May 31, 1990)
  • Continuing Legal Education, Law Society of Saskatchewan, “Winning Before Trial: Practical Pre-Trial Practice”, featuring James W. McElhaney, Professor of Law, Case Western Reserve University, Cleveland, Ohio, internationally acclaimed author, lecturer and teacher of Trial Advocacy, Saskatoon (December 1, 1989)
  • Saskatchewan Trial Lawyers Association, Fall Conference, “The Anatomy of Brain and Spinal Injuries and Saskatchewan’s Rehabilitation Resources”, Regina (October 27 & 28, 1989)
  • The Association of Trial Lawyers of America, “Workhorse” Seminar, an intensive 3-day, 2-night course in Evidence, Trial Advocacy, Products Liability and Medical Negligence, Chicago, Illinois (September 26 – 29, 1989)
  • Saskatchewan Trial Lawyers Association, Fall Conference, “Pre-Trial Management of Personal Injury Action: Assessment of Non-Pecuniary Damages, Settlement Negotiations, Structured Settlements and Pre-Trial Settlement Conferences”, Regina (October 28 & 29, 1988)
  • Saskatchewan Trial Lawyers Association, Spring Conference, “Expert Witnesses”, Saskatoon (April 29 & 30, 1988)
  • Law Society of Saskatchewan, Continuing Legal Education, “Insurance Law Seminar”, Saskatoon (April 15, 1988)
  • Canadian Bar Association, Saskatchewan Branch, Mid-Winter Meeting, Saskatoon (February 4, 5 & 6, 1988)
  • Saskatchewan Trial Lawyers Association, Spring Conference, “Medical Negligence”, Saskatoon (April 24 & 25, 1987)
  • Canadian Bar Association, Saskatchewan Branch, Mid-Winter Meeting, Saskatoon (January, 1987)
Culture & Community
  • Founding member of Board of Directors, as well as instructor, at “Fifth Street Studio”, a non-profit educational corporation, devoted to instruction and training in pottery, sculpture and various other art and craft skills (1975 – 1980)
  • Parent volunteer in Saskatoon Figure Skating Association “Can-Skate” Program (1990)
  • Board member and Secretary to Saskatoon Suzuki Strings Program Inc., a non-profit corporation devoted to instruction in violin, cello and bass for children (1990 – 1991)
  • Fundraiser for Saskatoon Symphony and Broadway Theatre
  • Parent Volunteer, Saskatoon Minor Hockey, Bobcats Zone
  • Established corporate funding for and participated as presenter at Saskatchewan Book Awards, from inauguration (1993) to 2003
  • Member, Saskatoon Jewish Foundation Awards Committee, 1998 to date
  • Parent volunteer, East Side Soccer, 1998 to 2002
  • Board Member, Camp B’Nai Brith, Pine Lake Alberta, 1999 to date
  • Saskatoon representative to B’Nai Brith Canada League for Human Rights, 2001 to date
  • Passionate about restoring heritage buildings – has won awards for both residential (Dufferin Avenue) and commercial (311- 21st Street East) restorations. Currently restoring Avenue Building (220 – 3rd Ave. S)
  • Long-standing supporter of the arts, including the Mendel Art Gallery and the MacKenzie Art Gallery, sponsor of Saskatchewan musicians, founder of Michael Misanchuk Award of Excellence for Saskatchewan Elocution and Debate Society.
  • Received (along with Mark Brayford) Heritage Award from City of Saskatoon and Saskatchewan Architectural Heritage Society Award, regarding renovation of Historic Land Titles Office Building (1996)

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