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.

Brian is the Department Manager of the Commercial | Financial Services 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 2010.

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Representative Work

Counsel to 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

Represented Afexa Life Science in a cease-trade application brought by Paladin Labs Inc. to cease-trade a Shareholders Rights Plan (2011 ABASC 532)

Represented CPI Investment Inc., CPI Income Services Ltd. and Capital Power Income L.P. in an application for approval of a Plan of Arrangement involving Atlantic Power Corporation, a transaction with a value of in excess of $1 billion

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 flow-through 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.

Stewart v. Academy Financial et al: Class action commenced on behalf of investors in a syndicated mortgage. We acted for a trust company named as Defendant

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

Act in the defence of an oppression action brought against our clients

Act for a former officer of a large oil and gas company in the defence of allegations that grant dates for options were backdated

Canadian counsel to US Gold Corporation on its acquisition by statutory plan of arrangement of Minera Andes Inc. with a transaction value at the time of closing of approximately CDN $1.4 billion for the combined company, which was renamed McEwen Mining Inc. (NYSE; TSX: MUX), 2012

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

Instructor at "New Alberta Rules of Court" seminars, Legal Education Society of Alberta, 2010

Faculty Member, Civil Trial Advocacy College, February, 2012 (Calgary), sponsored by the Advocates' Society

Presentations to various securities firms on professional obligations