403.531.4704
Corporate/Commercial/Securities Litigation
- Cross-Strait Sunshine Oilsands – Defence of a claim by a shareholder asserting mandatory repurchase rights against a publicly traded oilsands company.
- Pavilion Holdings Ltd. v. Bow River Conservancy Ltd. et al. – Defence of claim by expelled shareholder claiming breach of a unanimous shareholder agreement and oppression. The result was a consent judgment dismissing the claim after only three days of an eight day trial, and awarding the Defendants their full costs.
- JMLR Holdings Ltd. Petrowest Energy Services Trust – Defence of a claim of misappropriation of a security interest through conduct of an initial public offering. The result was a discontinuance of the claims against Petrowest at no cost to it.
- 1163580 Alberta Ltd. et al. v. Marble Point Energy Ltd. – Prosecution of an action to restrain a special meeting to vote on implementing an amalgamation agreement. The result was the transaction was restructured to the satisfaction of the shareholder group in question.
- Zust Klapatiuk et al. – Defence of claims relating to interference with rights of first refusal in the context of a unanimous shareholder agreement. The result was a complete dismissal of the plaintiff’s claims and the decision served to further advance the law respecting the legal duties to be observed in these circumstances. The costs award also reflected the first reported application of an inflation multiple since the 1998 revision of the Rules of Court.
- Lay GeneVest Inc. – Prosecution of a dissenting shareholder action. In addition to succeeding in obtaining a very favourable result for the client, this case resulted in a judgment which serves to materially advance the rights of beneficial shareholders and further define the duties of good faith owed by corporations to shareholders in the context of transactions.
Energy and Resources Litigation
- BP Bankers Petroleum Albania – Defence of an approximately US $50M claim relating to termination of a heavy oil supply contract.
- CNRL Emco Corporation et al. – Defence of an approximately $60M claim relating to supply of allegedly defective carbon steel pipe to a major oilsands project.
- Williams Energy (Canada), Inc. v. Enron Canada Corp. – Prosecution of a claim relating to collection of damages arising from early termination of a natural gas supply contract.
- Trident (88) Exploration Ltd. v. Odyssey Petroleum Corporation – Defence of a $50 million claim relating to a joint venture for the redevelopment of a Ukrainian oilfield.
- TransCanada Pipelines Limited and TransCanada Corporation – Counsel in the conduct of TransCanada’s 2003 Plan of Arrangement.
Civil Litigation
- Arctic Cooperatives v. Dowland Construction et al. – Defence of a claim relating to replacement of valves at a tank farm in Fort Good Hope, Northwest Territories. The result was a consent dismissal of the claims against our client.
- Alberta Treasury Branches v. McAdam et al. – Prosecution of a claim against the directors of a defunct energy company for their failure to disclose environmental liabilities to the lender as part of securing financing for an asset purchase. The matter was resolved prior to trial.
- Government of Nunavut v. Republic Architecture Inc. et al. – Defence of a third party claim relating to the construction of the community center in Igloolik, Nunavut. The result was a discontinuance of the claims against our client.
- Yellowstone Property Consultants Corp. v. Abusalims Holdings Inc. et al. – Prosecution of a claim for misappropriated funds in a real estate transaction. The result was a judgment on application for the full $3 million sought, plus interest and costs on a solicitor-and-own-client full indemnity basis, which result was affirmed on appeal with solicitor-client costs awarded in Yellowstone’s favour.
- Marco’s Restaurant Ltd. Oxford Properties Group Ltd. – Defence of a claim arising from termination of a commercial lease. The result was a judgment at summary trial dismissing the claims entirely, with full solicitor-client costs to Oxford.
- Laxdale Realty Inc. Pasutto’s Hotels (1984) Ltd. – Defence of claims for compensation in context of commission agreement relating to real estate. The result was a complete dismissal of the plaintiff’s claim pursuant to a summary judgment application.
- Bole Jager Industries – Defence of claims relating to trespass and nuisance in a subdivision construction setting. Successfully obtained a directed judgement (a rare remedy in civil cases) which ultimately resulted in the discontinuance of the claim at no cost to the client.
Arbitration/Alternative Dispute Resolution
- Domestic Arbitration – Defended an energy industry related arbitration with an approximately $100 million enterprise value to our client. The matter was resolved subsequent to records disclosure such that the vast majority of the value was retained by our client.
- International Chamber of Commerce Court of Arbitration – Defended a $30 million US claim relating to an alleged breach of a joint venture agreement for redevelopment of an oilfield in the Ukraine.
Other Cases of Interest
- Watts Canada Contact Tourism Services Ltd. – Defence of an appeal by the plaintiff from an order striking her claim for failure to post security for costs for the defendants which involved a unique and previously unajudicated argument that the courts of Alberta had an inherent jurisdiction to order security for costs when the courts deemed it appropriate. This was subsequently included in a revision to the Alberta Rules of Court.
- Rumi Vesuna TD Waterhouse Group Inc. – This was one of the first times that the question of the standard of care of a “discount brokerage” to its clients was litigated in Alberta. The plaintiff’s claims were completely dismissed by the court and the ruling has since formed the foundation for successful defences in similar actions raised in Ontario.
