Preet Saini

Preet Saini is a commercial litigation lawyer with a practice focusing on construction and insolvency and restructuring. He also provides representation in all types of commercial disputes including those involving leases, oppression claims, and debt claims.

Representing all levels of the construction pyramid, Preet acts for clients in contract disputes, adjudications, construction liens, trust claims, lien priority disputes, lien funds, bond claims, P3 disputes, oil and gas disputes, Public Works Act claims and construction insolvencies.

Preet brings significant experience in all types of restructuring and liquidation proceedings, acting for clients across a range of industries. He has acted for insolvency trustees, debtors, and creditors in various capacities, including in receivership, CCAA, and proposal proceedings.

Preet has appeared before all levels of court in Alberta, the British Columbia Supreme Court, and the Ontario Superior Court of Justice. Preet also represents clients in municipal and administrative tribunals, including the Alberta Securities Commission.

Preet volunteers as a mentor with the South Asian Bar Association and the Diversity and Law Society. He was awarded the 2024 Rising Star Award by SABA Calgary. He also volunteers regularly with Pro Bono Civil Claims Duty Counsel program where 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 is former chair of the Canadian Bar Association’s Alberta Civil Litigation South subsection.

An instructor at the University of Calgary, Preet teaches a complete course on introductory business law course between January to April each year and volunteers as a judge of moots and law student debates. He has also taught as part of the faculty for The Osgoode Certificate in Construction Law and regularly presents on various topics at construction industry events.

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

Expertise

Industries

Construction & Infrastructure

Practices

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.

Speaking Engagements

Canadian Institute’s 2025 Navigating Risk in Construction Contracts & Projects

February 27-28, 2025

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

“Legal Notes: Blending “pay when paid” clauses with prompt payment regimes,” by John Bleasby, Daily Commercial News (December 8, 2022)
“Manitok Energy Inc (Re), 2022 ABCA 260“, commentary, Take Five, On Point Law Corp, Alberta Edition, pp.18-21 (August 2022)
“New provincial construction legislation introduces laws to support contractors” by Rahma Dalmar, LakelandToday (September 17, 2022)
“Legal Notes: Never underestimate the Importance of contract notice provisions” by John Bleasby, Daily Commercial News (July 21, 2022)
“Rising municipality charges stalling efforts to develop green buildings in Canada“, by Julius Melnitzer, Financial Post (September 8, 2021)
“A tale of two project conflicts: a non-starter and one running overtime.” By John Bleasby, Daily Commercial News, Legal Notes, p.4 (February 24, 2021)

Rankings & Recognitions

Recognized by Best Lawyers in Canada (2025) as “One to Watch” in the areas of Construction Law, Corporate and Commercial Litigation, Insolvency and Financial Restructuring Law, and Municipal Law Recognized by Best Lawyers in Canada (2024) as a “One to Watch” in the area of Construction Law and Corporate and Commercial Litigation
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

Publications

“Whose Duty Is It? Responsibility for Site Safety under Ontario’s Occupational Health and Safety Act,” Article by Sean Ralph & Preet Saini (Spring/Summer 2023)

Insights (16 Posts)View More

A Potential Solution to the Dreaded Full Trial in Alberta

Alberta Court clarifies what types of cases qualify for a streamlined trial under new Rules.

Jul 31, 2024

Welcoming Home Clarifications to Alberta’s Prompt Payment and Lien Legislation: The Welcome Homes Decision

Alberta court rules on role of adjudicators under Prompt Payment and Construction Lien Act and holds adjudicator decision final and binding, with exceptions.

Jul 31, 2024

Adjudication Under the Construction Act: Fast but Fair

Adjudicator discretion under the Construction Act. Ontario Court recently confirmed a limit on this discretion in Ledore Investments v. Dixin Construction

Feb 23, 2024

The Weight Courts Afford to Adjudication Decisions – How Heavy are They?

The evidentiary value of an adjudicator’s decision Under Ontario’s Construction Act is reviewed.

Aug 10, 2023

Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar”

Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar” Anatolia Tile & Stone Inc. v Flow-Rite Inc. 2023 ONSC 129.

Mar 15, 2023

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.

Oct 26, 2022

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)

Aug 31, 2022

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)

Apr 6, 2022

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.

Apr 4, 2022

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

Nov 23, 2021

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.

May 12, 2021

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

Jan 6, 2021

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

Nov 9, 2020

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.

Sep 4, 2019

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

Jan 31, 2019

Liens in the Context of Gas Processing Facilities

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

Jan 10, 2018

Deals & Cases (5 Posts)

McMillan Advises The Bank of Nova Scotia in the CCAA Restructuring of North American Lamb Company

North American Lamb Company, along with its six subsidiaries, filed for creditor protection under the Companies’ Creditors Arrangement Act.

May 1, 2024

McMillan Advises Alvarez & Marsal Canada Inc. in Restructuring of Cyxtera Group of Companies

McMillan acted as counsel to Alvarez & Marsal Canada Inc. in its capacity as Court Appointed Information Officer in the restructuring of the Cyxtera Group of Companies under Chapter 11 of the Bankruptcy Code and Part IV of the Companies’ Creditors Arrangement Act.

Jun 4, 2023

Receivership Proceedings of Genesis Integration Inc.

McMillan acted as counsel to the proposed Receiver, KSV Restructuring Inc., in connection with the proceedings with a team led by Adam Maerov and comprised of Kourtney Rylands and Preet Saini.

Sep 15, 2022

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.

Apr 6, 2021

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.

Nov 23, 2020