- Graham Construction and Engineering Inc v Alberta (Minister of Infrastructure), 2019 ABQB 543 – Client filed Public Works Act claim for its work done and materials supplied to a public project pursuant to a subcontract agreement with Schendel, as subcontractor, and our client, as sub-subcontractor to Schendel. Schendel later went insolvent and entered proposal proceedings under the Bankruptcy and Insolvency Act. Unpaid subcontractors on the project filed just over $60,000,000 of Public Works Act claims. The Crown paid approximately $30,000,000 into court pursuant to the Public Works Act. The Court lifted the stay of proceedings caused by Schendel’s insolvency, and held that the Public Works Act afforded claimants protection similar to the Builders Lien Act for public projects. A direct contractual claim against a contractor in the event of that contractor’s insolvency can be worthless. The Public Works Act provides protections to those working on public projects. The issue of special priority to Public Works Act claimants in an insolvency context was novel and had not been determined by Alberta courts in the past. Our client was paid out its Public Works Act claim in full from the funds held in court.
- BullRun Capital Inc v GrowMax Resources Corp, 2019 ABQB 107 – In the context of a heated proxy contest, successfully challenged use of an advance notice by-law and obtained declaration that by-law had been complied with. Also sought and obtained appointment of an independent chair for the shareholders meeting.
- Northern Sunrise County v Virginia Hills Oil Corp, 2019 ABCA 61 – Successfully represented Bank against challenge by various municipalities to a distribution order made in the context of a receivership. Municipalities had argued for secured creditor status due to special lien.
- Steam Whistle Brewing Inc v Alberta Gaming and Liquor Commission, 2018 ABQB 476 – First successful challenge to a law under section 121 of the Constitution Act. Alberta beer mark-up regime declared unconstitutional and client awarded $163,964.98 in restitution.
He | HimAssociate, Litigation & Dispute Resolution
Expertise Construction & Infrastructure Corporate Commercial Litigation Litigation & Dispute Resolution Municipal, Land Use Planning & Development Restructuring & Insolvency