I am pleased to recommend Roy McPhail as an arbitrator.  

I first made contact with Roy when he undertook my distance arbitration course titled “Fundamentals of Arbitration” in early 2015. The course encompasses knowledge gained through the courses I designed and ran for Carleton University and the University of Waterloo.

The course also incorporates the knowledge I gained from administering  ADRIC’s correspondence course in arbitration as well as the over 300 arbitration cases I directed for the Minister of Public Works.

I appreciated Roy’s hard work and enthusiasm and his thorough knowledge of the construction and property management industries that he served  before shifting into dispute resolution.

Subsequent to confirming Roy’s credentials as an arbitrator to ADRIC, I was the sole arbitrator on an International commercial construction case.  The case involved 77,000 files ranging from 200 – 5000 pages each utilized by the parties to present their case on behalf of their major clients and 15 lien filers.  

Roy’s assistance  on this case was instrumental in ensuring an award that was deemed well reasoned, thorough, professional and endorsed by the parties.”

— Richard Beifuss, Arbitrator, Mediator, Educator

I am pleased to recommend Roy McPhail as an arbitrator.

My recommendation is based on his fair and balanced ruling in a land lease dispute where I was the leasor.

I had experienced frustration in working with the courts where little or no guidance is provided to inexperienced disputants on how to navigate the system. Once the leasee and I found Roy, everything suddenly became much easier and more flexible, to suit each of our needs.

My need was for clarity on procedure, establishment of deadlines, and a full and fair hearing. The leasee also wanted a fair outcome, but did not want to have to deal with me and needed to explain his position to the arbitrator without “interference” from me.

Mr. McPhail acted as interpreter for us in both the content of our submissions and the ways in which we had misunderstood each other (English is a second language for both of us).

To the leasee’s credit, he has fully paid the award. I believe his willingness to honour the ruling was because Mr. McPhail made us both feel heard, and explained so very clearly why he reached the conclusions that he did.”

— Shaobin Yang, Leasor

“Please let this letter serve as a reference in respect of my involvement with Mr. Roy McPhail. I met Mr. McPhail in 2001 after my appointment to the Mining Board of Manitoba, as Roy was the presiding member of the Mining Board. I served on the Mining Board continuously with Roy from in or around the year 2001 to 2011, when he left the Board as a result of having served the maximum amount of time allowable by The Government of Manitoba, in relation provincial board appointments.

I replaced Roy as the presiding member of The Mining Board of Manitoba shortly after his departure.

As the presiding member of The Mining Board, Roy was responsible for convening all hearings before the Board and conducting the hearings. I observed Roy to be very professional in relation to the discharge of his duties. He conducted the hearings in a fair and thorough manner, providing to each of the parties appearing before the Board, ample opportunity to present their case. The case of each party was thoroughly considered. Furthermore, in respect of the meetings of the board members for the purposes of preparing for hearings and deliberations thereafter, Roy demonstrated not only good leadership in dealing with the tasks at hand, but also a good working knowledge of the subject matter the board was considering.

Roy as the presiding member of The Mining Board, strived for complete independence of the Board in relation to other governmental bodies most notably The Mines Branch.

I admired him for these pursuits particularly given the fact that a number of matters involved private individuals/ corporations appealing decisions of The Mines Branch to The Mining Board. Accordingly, the independence of The Mining Board was of paramount concern to Roy. He not only lobbied The Mines Branch itself, but the Minister responsible to obtain additional resources required in order to maintain the independence of the Board.

I understand that Roy has embarked upon providing services as an arbitrator in areas pertaining to his profession as an engineer. Based on my involvement with Roy on The Mining Board of Manitoba, I believe that he will discharge his duties in this capacity with the same level of professionalism which he brought to the Mining Board as its presiding member.”

— Harvey Slobodzian, Lawyer, Pullan Kammerloch Frohlinger

“I have known Roy for over twenty years and have worked with him on a variety of fronts, including design projects and building problem investigations. He always makes me feel like I am working with him, not for him. As a leader, he has guided teams to find the best solution or resolution and while he may advocate a point of view, it has never felt like he is pushing a particular point of view or agenda in spite of the evidence.

Roy does not avoid asking hard questions. He gives everyone a chance to present their point of view, and while they are doing so, he listens carefully to their answers. He tries to fully understand how the various pieces of the puzzle fit together and the impact of each piece on the outcome, whether the issue under consideration is a design or problem investigation. When working with him, I am well aware of our scope and objectives.All of this leads me to believe that as an arbitrator for alternative dispute resolution cases, Roy will act in a well considered, fair and balanced way.”

Bert Phillips, Consulting Engineer/Principal, UNIES Ltd.

“In 2005 two exploration geologists were each in dispute with the Manitoba Mines Branch, and their disputes were brought to the Mining Board.  The Board Chairman, Roy McPhail, took the “outside the box” approach of mediation prior to any formal hearings: an approach not used before by the Board.  He persuaded me to act as mediator – a unique experience for me – and provided useful guidance on the mediator’s role.  One case I was able to mediate, to the long term satisfaction of both parties: it proved impossible to reach a mediated settlement on the other, and the subsequent Mining Board review found fully for the Mines Branch.

It was a fine example of Alternative Dispute Resolution in action.”

— Richard Burt, Retired Mining Executive, Consultant & Mining Company Director

“I have known Roy for more than 10 years and have used Almitra’s design services as well as having Roy as a mentor enroute to becoming a professional.  During this time I have gotten to know him as an excellent listener with a calm demeanor.  He frequently takes on unique and uncommon projects which generally require outside the box thinking combined with creativity.  Roy excels in these areas and I believe that his natural abilities combined with his wide and varied experience will lend themselves perfectly to dispute resolution.”

— Sean Lepper, Vice President and General Manager, Behlen Industries LP

“We have worked together with Roy McPhail, P. Eng. – Almitra for a number of years. This work has seen us provide engineering services to Almitra in a mechanical sub-consultant role and, on projects where we were the Prime Consultant, Roy has provided us with structural sub-consultant services. Under both of these working scenarios Roy always represented himself in an open and professional manner.

When project challenges arose Roy always met these challenges head-on. It was refreshing to see that once these challenges were identified Roy would always follow them up with potential solutions. These solutions typically involved a collaborative effort between the various stakeholders. These professional personality traits should serve Roy very well with the alternate dispute resolution services now being offered through Almitra.”

— Art Gossen, Managing Partner – Alliance Engineering Services Inc.

“I had the opportunity to work with Roy as a member of the Energy & Water Efficiency Sub-Committee of the Manitoba Building Standards Board. We were tasked with reviewing the National Energy Code for Buildings for possible adoption within Manitoba. Roy provided very valuable input for this work; in particular he offered some real-world insights which helped bridge the gap between what is ideal and what is possible. For standards development work, this is a not a common talent and Roy was able to help navigate us through some very thorny issues.”

— Gary Proskiw, President, Proskiw Engineering

“I assisted Roy on a number of projects where conventional site investigations had been undertaken to obtain specific geotechnical information to assist in the resolution of site problems. The investigations satisfactorily identified the anticipated geotechnical conditions but could not identify the cause of the site problems. Roy suggested that a forensic approach be pursued, which identified that construction deficiencies were the cause of the site problems. Roy has exhibited persistence on these and other forensic projects such that I am confident that he will take this successful approach to his further endeavors.”

— Al Dyregrov, Retired Geotechnical Engineering Consultant

“Roy chaired the committee responsible for the development of the Guideline on Technical Review of Engineering and Geoscientific Work of Others. Under Roy’s guidance, the Committee has produced a first class standard that will provide clear direction to professionals that undertake the responsibility of reviewing the work of other engineers and geoscientists. The excellent quality of the standard is largely due to the guidance, dedication and experience of the Committee Chairman, Roy McPhail.”

— Fred Nicholson, Practice Standards Chair, APEGM

“The project was not only completed on schedule and within budget, but the cooperative approach and the attention to detail executed by your team during project delivery has resulted in a facility of exceptional quality that our client and all involved can be truly proud of and should serve the needs of Canadians for many years to come.”

— Jim Russell, Area Project Manager, Real Property Service, Public Works and Government Services Canada

“I have had the pleasure of working with Roy over the past 4 years on a few Subcommittees related to energy efficiency in buildings.  I have always enjoyed Roy’s ability to sit back and thoughtfully consider all aspects of an issue and then summarize a problem concisely.  Roy’s calm demeanour, patience and ability to see right to the crux of a problem makes him perfectly suited to dispute resolution.”

— Tammy Harper, former Chief Building Official, Office of the Fire Commissioner

“A clear vision and passion for leading and learning is evident in the work that Roy presented in the Advanced Methods in Education course that he recently completed with honours at Red River College. The expertise that Roy brings to the learning environment combined with current teaching methodologies including 21st Century student-centered approaches will provide his students with the learning opportunities to become leading innovators.

Eva Brown, Instructor/Developer, Red River College

“After collaborating with Roy, I can say that I’m most impressed by Roy’s ability to bring diverse stakeholders together, and facilitate not only positive discussion and mutual understanding but also genuine, lasting connections. Roy’s vast industry experience positions him to “tell it like it is” all the while empowering the individuals he interacts with.

— Jonathan Bauer, Team LeaderManitoba Start

Roy developed a course for the Manitoba Heavy Construction Association Southern Expo in 2014  to assist supervisors with the task of teaching others new skills. “The Ultimate Coach” was an engaging workshop that gave participants hands on experience. Roy provided a nice blend of theory and practice to teach participants the skills of a good coach . The friendly competition created excitement as participants demonstrated coaching to one another in a safe and non-threatening learning environment. In the end,  the ultimate coach (by applause) was awarded with a prize, a certificate and pictures were taken to mark the event.  Roy has the passion and drive to make every presentation he does the very best and the insight to know what will make a difference to the clients he represents!!”

— Carol Paul, Executive Director, Manitoba Construction Sector Council

Roy was a participant in training to become a LAB Profile Practitioner. His keen interest in language and behavior (LAB) pattern recognition allowed him to quickly absorb and then apply his skills at any opportunity he found outside the classroom. He delighted his classmates with his experiences and insightful reflections. I see great potential in Roy using LAB profiling knowledge and skills in his personal and professional life. So when you meet Roy be prepared that he might be influencing you with ‘Words That Change Minds‘.

Erika Deines, LAB Profile Sr. Consultant, ADR Institute of Alberta
“In my 39 years of construction you can imagine how many safety seminars and courses I’ve attended. This winter when I was asked to go to “The Ultimate Coach” I was reluctant to go. You know: too old for this, been there x number of times. But I ended up going; nothing better to do. Well my colleague: that is the best seminar that I have attended in my career (win or lose). The course was well presented with all participants being involved in the training. Not once did I see anybody sleeping or counting seconds on their watch. That meant a lot to me because over the years I have seen a lot of time and money wasted on some courses. When the day was done I didn’t hear anyone complaining or yawning. Everyone came out smiling, laughing and commenting on the good material that they had learnt in your seminar. I will definitely send our foremen in future years.”

— Paul Gagnon, Rocky Road Recycling

“Roy has been a member of our board of directors for the past year. He continually demonstrates an excellent ability to quickly analyze a situation and explore the issue from different perspectives. Roy asks intelligent and thoughtful questions and possesses good listening skills. He does not shy away from a healthy debate, but always remains focussed on the issue in a calm and respectful manner.”

Judy Murphy, President and CEO, Safety Services Manitoba

“Roy was my mentor as a young engineer. He was able to take the most complicated technical questions and break them down into something easy to understand. He listens. He is strong technically and he is strong in making people feel heard. We worked together in both design of a northern Ontario school and the development of the Technical Review Guideline.   Roy is a competent engineer, a good people person and understands the inherent conflicts that arise in many teams.”

— Laurie McLeod, Structural Engineer, Department of National Defence

“Roy demonstrates a high degree of professionalism in his ability to create meaningful interaction between diverse stakeholders. It was a privilege to work with Roy to facilitate a career exploration event for internationally educated engineers. Roy’s relational strengths with industry sector and business leaders, engineering professionals from various countries, government representatives, and educational institutions ensured the success of the event.”

Darrell Kehler, Program Developer, Manitoba Labour and Immigration

“Roy actively encouraged our newcomer clients to use networking techniques so that they could build long-term, collaborative relationships with other local engineer professionals. Indeed, his coaching approach helped clients to expand their knowledge, increase their confidence, and raise their visibility. But, perhaps the most critical skill Roy taught our clients was to look beyond the horizons they had initially set for themselves and explore possibilities.”

Sarah Coyle, Career Coach/Facilitator, Manitoba Start

“Clients and staff have greatly benefitted from the information and guidance that Roy has made available to internationally educated engineers, the work that he has done in establishing and strengthening connections between (Manitoba Start) and key partners in the engineering field, as well as the feedback to staff on how to help IEEs prepare for relevant employment. Roy’s skills and experience have added value to our services and the organization as a whole throughout the last year, which we are grateful for. Thank you, Roy!”

— Fatima Soares and Loraine Nyokong, Outgoing and Incoming Executive Directors, Manitoba Start