E. David D. Tavender Q.C., LL.B., B.A. (Hons.), Partner Emeritus

David is senior litigation counsel in Fraser Milner Casgrain LLP. He has extensive experience in civil commercial litigation and dispute resolution. David has conducted numerous major trials and appeals and his appearances include cases before the Alberta Courts, the Federal Court of Canada and the Supreme Court of Canada.

David is active in the alternative dispute resolution field and has served as a neutral and as counsel on commercial arbitrations and mediations. He is a mediator and arbitrator with ADR Chambers. He has participated in a number of investigations and inquiries.

He joined the firm as an articling student in 1963, and was appointed Queen’s Counsel in 1978. He is a Fellow of the American College of Trial Lawyers. He has been recognized as a leading litigation and dispute resolution lawyer by a number of well-respected legal rankings publications.

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Representative Work
Acted for the Province of Alberta in 2010 and 2011 in references to the Courts of Appeal of Quebec and Alberta and to the Supreme Court of Canada on the constitutionality of proposed federal legislation to create a single national securities regulatory system. A unanimous decision was rendered by the Supreme Court of Canada expressing the opinion that the proposed legislation was ultra vires.
Acting as a party-appointed arbitrator in 2010 and ongoing in a multi-million dollar force majeure claim under a power purchase agreement
Acted as a mediator in 2011 in a corporate oppression dispute involving the transfer of corporate assets to an insider
Chairman of an arbitration tribunal in 2009-2010 in a multi-million dollar dispute involving the change of indices for payment calculations under a power purchase agreement
Party-appointed arbitrator in 2009 involving the determination of royalty calculations under oil sands leases with the Province of Alberta
Publications
“Proactive Case Management in Arbitrations” published in 2010 CPR’s Alternatives Journal, Vol. 28, No. 7, p. 143 and No. 8, p. 163
“Discussion Paper on the Impartiality and Independence of Arbitrators” presented at the ADR Institute of Canada conference in Vancouver on November 19, 2004
“Institutional or Ad Hoc Arbitration?” paper at the International Commercial Arbitration Seminar sponsored by the Canadian Foundation for Dispute Resolution and the Calgary Chamber of Commerce delivered on June 21, 2000
“Considerations of Fairness in the Context of International Commercial Arbitration”, (1996) 34 Alta. L. Rev. 509 with an update paper delivered at the Environmental Law Symposium on Arbitration of International Energy Disputes in Houston in 1998
Teaching Roles
Lectured at the University of Calgary Law School on principled negotiation
Prior Speaking Engagements
“Fast Tracking Arbitrations Without Sacrificing Fairness”, September 25, 2007
“An Alberta Practitioner’s Perspective on Settlement Negotiations in Complex Securities Litigation”, delivered at the Canadian Institute’s Third Annual Advanced Forum on Securities Litigation in Toronto (November 17-19, 2003)
“An Alberta Perspective on Mediation in Energy Disputes”, delivered to the Conference on International Commercial Arbitration and Energy Disputes – A Global Perspective sponsored by the ICC and the CBA in Calgary (May 29-30, 2003)
“Canada-Quebec Wake-up Call:  The Need for a Principled Negotiation Strategy”, delivered to the Canadian Association of Petroleum Landmen in October, 1996
“How Lawyers Add Value in ADR” (with G.F. Scott, Q.C.) presented at the Joint Meeting of the Alberta and British Columbia branches of the Canadian Bar Association, 1996
Contact Information
Calgary
+1 403 268 7010
david.tavender@fmc-law.com
Year of Call
1964 (Alberta)
Education
University of Toronto, B.A. (Hons.), 1960
University of Alberta, LL.B., 1963
Appointed Queen’s Counsel, 1978
Received training in principled negotiation and mediation from the Harvard Program on Negotiation and Mediation at the Harvard Law School, 1994
Languages Spoken
English