Preet Saini Photo
Preet Saini Photo
Preet Saini Photo

Preet Saini is a litigation lawyer with a commercial litigation practice focused on construction and insolvency and restructuring. He also provides representation in general commercial disputes, as well as in municipal and land use planning matters.

Representing all levels of the construction pyramid, Preet acts for clients in contract disputes, construction liens, trust claims, lien priority disputes, lien funds, bond claims, Public Works Act claims and construction insolvencies.

Preet also brings significant experience in bankruptcies, receiverships, and all types of restructuring proceedings, acting for clients across a range of industries.

Appearing before all levels of court in Alberta, including the Court of Queen’s Bench and the Court of Appeal, Preet also represents clients in municipal and administrative tribunals, including the Alberta Securities Commission.

Preet is chair of the Canadian Bar Association’s Alberta Civil Litigation South subsection. As a volunteer with the Pro Bono Civil Claims Duty Counsel program, he provides free legal advice to persons involved in civil actions. He was awarded the 2019 Outstanding Volunteer Award for working the highest number of shifts among Calgary lawyers across all national firms. Preet also volunteers as a mentor with the Diversity and Law Society and serves as a member of McMillan’s Equity, Diversity and Inclusion Advisory Group, which implements various diversity and inclusion related initiatives across the firm.

A sessional instructor at the University of Calgary, Preet teaches an introductory business law course during the Winter semester and volunteers as a judge of moots and law student debates.

Prior to his start at McMillan, Preet gained experience as a business analyst in the oil and gas industry and a legal researcher.



Representative Matters

  • Re Manitok Energy Inc, 2022 ABCA 260 – Successful appeal regarding the enforceability of a sale approval and vesting order granted in a proposal proceeding pursuant to the Bankruptcy and Insolvency Act prior to a receivership. The dispute concerned whether certain proceeds described in the court approved sale agreement were secured or unsecured assets due to the subsequent receivership of the debtor. The Court of Appeal of Alberta held that the sale approval and vesting order vested the assets absolutely in our client, the appellant. The assets were found to be subject to the sale approval and vesting order and the appellant was entitled to the assets.
  • Air X Chartered Limited v Avmax Aircraft Leasing Inc, 2022 ABQB 355 – Represented lessees of aircraft operating in Europe. After obtaining two separate injunctions permitting our clients to continue leasing the aircraft despite allegations of breaches by the lessor, we successfully obtained a third anti-suit injunction requiring a related dispute to be heard in Alberta. The lessor had sought that the related dispute be heard in Malta. The Court held that lessors had acted in an improper manner.
  • Canadian Western Bank v Shamrock Valley Enterprises Ltd, 2022 ABQB 331 – Successfully opposed request by defendant debtors to appoint case management over five actions. The defendants sought to raise the same or similar defences and requested that the five actions be heard in a coordinated manner. The Court held that there were no efficiencies to be gained by coordinating the actions given the different factual inquiries required to be undertaken in each action. Acted for the lender.
  • Re Sultan Management Group, 2022 ABQB 262 – Successfully obtained a bankruptcy order against a debtor despite procedural and substantive objections made by the debtor. Arguments by debtor included that an act of bankruptcy had not been proven, that the application for bankruptcy order did not satisfy formal requirements, and that the application was an abuse of process. Acted for the lender and petitioning creditor, Royal Bank of Canada.
  • Polaris Financial Management Limited v AuVert Mining Group Inc, 2022 ABQB 419 – Opposed application by defendants to strike or stay two actions on grounds that the two actions constituted litigation by installments. Successful in having application dismissed. Opposed separate application by defendants to strike portions of client’s affidavits on grounds that evidence was protected by privilege. Substantially successful in the result.
  • Graham Construction and Engineering Inc v Alberta (Minister of Infrastructure), 2019 ABQB 543 – Litigation on Public Works Act claim filed by client as sub-subcontractor to an insolvent subcontractor. Client received payment in full for its claim. 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
  • 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.

Teaching Engagements

  • Regular guest judge for the University of Calgary, Faculty of Law mooting program, including annual moots for the 1L legal research and writing course
  • Sessional Instructor, University of Calgary: Introduction to Business Law

News


Media Mentions


Rankings & Recognitions

  • Recognized by Best Lawyers in Canada (2023) as a ‘One to Watch’ in the areas of Construction Law and Corporate and Commercial Litigation
  • Recognized by Best Lawyers in Canada (2022) as a ‘One to Watch’ in the areas of Construction Law and Corporate and Commercial Litigation

Community Involvement

  • Chair of Calgary Office Pro Bono Civil Claims Duty Counsel program

Directorships & Affiliations

  • Canadian Bar Association – Alberta Civil Litigation South
  • Calgary Bar Association
  • Federation of Asian Canadian Lawyers
  • Diversity and Law Society
  • South Asian Bar Association
  • Betta Gamma Sigma Honor Society

Education & Admissions

2020
Certificate in ConstructionOsgoode Hall Law School
2017
Called to the Alberta bar
2016
JDUniversity of Calgary
2013
B.Comm. (with distinction)University of Calgary

Insights (11 Posts)

Featured Insight

Pay When Paid Clauses Post-Prompt Payment and Adjudication

Drafting a pay when paid clause in light of Alberta's Prompt Payment and Construction Lien Act.

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Oct 26, 2022
Featured Insight

Alberta’s Prompt Payment And Construction Lien Act In Force Since August 29, 2022: What You Need To Know (Consolidated)

Alberta’s Prompt Payment and Construction Lien Act in Force Since August 29, 2022: What You Need to Know (Consolidated)

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Aug 31, 2022
Featured Insight

Alberta’s New Prompt Payment and Construction Lien Act: What You Need to Know Before August 29, 2022 (Consolidated)

A Primer and Comprehensive Overview of Alberta’s New Prompt Payment and Construction Lien Act. What You Need to Know Before August 29, 2022 (Consolidated)

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Apr 6, 2022
Featured Insight

Crosslinx v. Ontario Infrastructure: Turns out that notice means actual notice…

The Ontario Court of Appeal has again emphasized the importance of complying with contractual notice provisions when advancing construction delay claims.

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Apr 4, 2022
Featured Insight

Construction Remedies On Public Projects: Alberta’s Public Works Act and Comparable Legislation in Other Provinces

This bulletin outlines the key requirements for contractors seeking payment under construction contracts with the provincial government in Alberta and elsewhere

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Nov 23, 2021
Featured Insight

What Are You Suing Me For? I Had No Control: Lessor Fleet Liability

The decision in Barz concerns the interplay between Alberta’s Workers’ Compensation Act and Traffic Safety Act.

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May 12, 2021
Featured Insight

Can You Register A Builders Lien For Pre-Construction Services on a Cancelled Project? – Case Comment: Shelly Morris Business Services Ltd v Syncor Solutions Limited

Can You Register A Builders Lien For Pre-Construction Services on a Cancelled Project? – Case Comment: Shelly Morris Business Services Ltd v Syncor Solutions Limited

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Jan 6, 2021
Featured Insight

No Longer the Wild West: Alberta’s New Prompt Payment and Construction Lien Act and What You Need to Know

No Longer the Wild West: Alberta's New Prompt Payment and Construction Lien Act and What You Need to Know

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Nov 9, 2020
Featured Insight

Supreme Court of Canada Denies Leave to Appeal in “Virginia Hills” Linear Property Tax Case: Northern Sunrise County, et al. v. Bank of Nova Scotia, et al., 2019 SCC 38587

The Supreme Court has confirmed that the Alberta Municipal Government Act does not grant a municipality a special lien for unpaid linear property taxes.

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Sep 4, 2019
Featured Insight

Supreme Court of Canada Allows Redwater Appeal: Regulator entitled to super-priority for abandonment and reclamation costs

Supreme Court of Canada Allows Redwater Appeal: Regulator entitled to super-priority for abandonment and reclamation costs

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Jan 31, 2019

Liens in the Context of Gas Processing Facilities

Lessons Learned from Cansearch Resources Ltd. v Regent Resources Ltd.

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Jan 10, 2018

Deals & Cases (2 Posts)

Featured Insight

Restructuring of the Northern Silica Group of Companies under the Companies’ Creditors Arrangement Act

McMillan acted as debtors’ counsel for Northern Silica Corporation, Heemskirk Mining Pty. Ltd., Heemskirk Canada Holdings Limited, Heemskirk Canada Limited, Custom Bulk Services Inc. and HCA Mountain Minerals Limited, in connection with their restructuring proceedings under the Companies’ Creditors Arrangement Act.

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Jun 23, 2022
Featured Insight

Restructuring of Greenfire Oil and Gas

McMillan acted for Alvarez & Marsal Canada Inc. in its capacities as Trustee in Bankruptcy and Receiver of Greenfire Oil and Gas Ltd. and Greenfire Hangingstone Operating  Corporation.

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Jun 23, 2022