D. Brian Foster | Fraser Milner Casgrain LLP

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D. Brian Foster Q.C., LL.B., Partner

Brian has extensive experience in all aspects of dispute resolution. His practice covers a broad range of commercial litigation matters, including securities litigation, shareholder disputes, class actions, the defence of claims against investment advisers and product liability claims. Brian has represented individuals and corporations in arbitrations, and in court supervised and private mediations. He has received training in mediation of disputes.

Brian has represented clients in the courts of Alberta and Saskatchewan, the Courts of Appeal in Quebec and Alberta, and the Supreme Court of Canada. He has appeared before administrative boards. He represents an international truck manufacturer in product liability claims, and defended a product liability claim brought against a manufacturer of sealants used to manufacture insulated glass products.

Brian is the Department Manager of the Corporate Litigation department of the Calgary office. He is also the past Chair of the Canadian Bar Association, Alberta South Civil Litigation subsection, and is a past director of the Edmonton Bar Association. He is also a member of the Audit Committee of the Law Society of Alberta and is a member of the Canadian Bar Association National Task Force that is undertaking a review of jurisdictional and procedural issues of national class actions. He received his Queen’s Counsel designation in 2009.

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Representative Work

Attorney General of Alberta: Acted for the Attorney General of Alberta in the National Securities Regulator References heard by the Alberta and Quebec Courts of Appeal and by the Supreme Court of Canada. The References related to the intention of the Federal Government to legislate in the area of securities regulation under its trade and commerce powers and a challenge by the Province of Alberta, and others, to the constitutionality of the proposed legislation. The Alberta Court of Appeal and the Quebec Court of Appeal (with one dissent) accepted the provincial position. The Supreme Court of Canada has yet to issue its decision. A decision will have a significant impact on the division of powers and the balance of federalism.

Delf v. Merit Energy et al., 2001 CanLII 138 (ABCA): acted for six underwriters including RBC Dominion Securities and BMO Nesbitt Burns in the defence of a prospectus misrepresentation class action claim and multiple individual claims in three provinces brought against the underwriters, directors and officers, and auditors of an energy company that failed shortly after the closing of a $15 million offering

Pauli v. Ace Insurance et al: Class action claim brought against every auto insurer in Alberta claiming a refund of deductible payments where there had been a total loss of the insured vehicle

Metera et al v. Barclay Las Vegas Limited Partnership et al: Class action commenced by purchasers of a real estate limited partnership that failed. We defended the mutual fund dealer that sold the investment.

Barber et al v. Barclay Las Vegas Limited Partnership et al: Multi-party claim (39 plaintiffs) commenced in Saskatchewan by purchasers of a real estate limited partnership that failed. We defended the mutual fund dealer that sold the investment.

Gillespie v. Academy Financial et al: Class action claim brought on behalf of all investors in a mortgage syndication. We acted for a trust company. The Court of Queen's Bench of Alberta denied certification. This was the first denial of certification in any claim commenced pursuant to the Class Proceedings Act of Alberta.

Stewart v. Academy Financial et al: Class action commenced on behalf of investors in a syndicated mortgage. Our firm acts for two trust companies named as Defendants.

981179 Alberta Ltd. v. Chapin - Acted for a financial institution in relation to the recovery of funds stolen by an employee. Obtained various prejudgment orders, including Norwich Pharmacal, attachment and preservation orders.

Bre-X v. Nesbitt Burns Inc.: Multiple actions commenced against BMO Nesbitt Burns, and many other Defendants, in relation to the failure of Bre-X Minerals. Class actions commenced in multiple jurisdictions together with multiple party actions.

Acted in the defence of a products liability claim involving a claim that our client’s product, used in the manufacturing process of the plaintiff, had caused the failure of tens of thousands of the plaintiff’s product

Counsel to Capital Power Income L.P. on its $1.1 billion acquisition by Atlantic Power Corporation

Acts for an international manufacturer of heavy duty trucks in the defense of product liability claims

Acted for a gaming machine manufacturer in the defence of a gaming industry claim involving intellectual property issues

Counsel to insurers and insureds concerning coverage issues related to commercial general liability policies, casualty policies, life and disability policies and professional negligence policies

Teaching Roles

Past lecturer at the Bar Admission Course for the Law Society of Alberta in landlord and tenant law