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
Acting as counsel in defending trespass and royalty claims exceeding $1 billion arising out of the production of oil and gas on aboriginal lands (Samson Indian Band et al v. Imperial Oil Resources et al, 2000 and ongoing)
Acted as counsel in the Trial Division and Court of Appeal of the Federal Court of Canada in a successful judicial review application of the decisions of Indian Oil & Gas Canada relating to oil and gas royalty payment obligations on aboriginal lands (Imperial Oil Resources Limited v. Canada)
Acting as one of three arbitrators in a lengthy, complex arbitration arising out of the termination of Gas Sales Service Agreements with damage claims of approximately $460 million (U.S.). The details of the arbitration and the parties are confidential. This has been a very lengthy and complex arbitration with hearings split between Houston and Calgary and a vast amount of material to digest.
Acted as a mediator in successfully resolving disputes arising out of a grant by a franchisor of new, competing franchise rights in close proximity to an existing franchise (2005)
Defended a number of Court of Appeal and Queen’s Bench Justices in obtaining and sustaining on appeal a striking out of a Statement of Claim attacking a series of prior decisions rendered by the Justices, leave to the S.C.C. denied (Gramaglia v. McFadyen et al, 2004-2006)
Acted as counsel in a multi-million dollar international arbitration under the UNCITRAL Rules involving the rates to be paid under optional extensions of an offshore drilling rig contract (2004/2005)
Acted as chairman of an arbitration tribunal in 2004 involving gas shut-in orders imposed by the Alberta Energy and Utilities Board that led to delivery interruptions to a U.S. purchaser and royalty force majeure claims
Acted as a mediator in 2002 in a successfully resolved multi-million dollar dispute over a construction contract relating to the installation of a conveyor belt in a coal mine
Acted as counsel for six underwriters in defending a prospective misrepresentation claim and multiple individual claims brought in three provinces after the closing of a $15 million offering by an energy company that failed (Delf v. Merit Energy et al, 2001)
Acted as a party-appointed arbitrator in 2001 in an international arbitration conducted under the American Arbitration Association Rules involving claims for substantial damages arising out of alleged breaches of an E-commerce Software License Agreement (2001)
Acted for Respondents (Plaintiffs) in an action in the Alberta Court of Appeal to maintain a cause of action to trace and recover funds based on allegations of bribery (Alberta Treasury Branches v. Leahy et al)
Defended fair value and oppression proceedings under the Canada Business Corporations Act relating to the fair value of dissenting shares in a publicly traded corporation (LSI Logic v. Logani et al)
Acted as counsel in a judicial review of the administrative, disciplinary and constitutional powers of a chief judge of the Provincial Court of Alberta (Riley v. Wachowich)
Acted as counsel for Plaintiffs in an Alberta Court of Queen’s Bench Action to recover damages and lost oil production arising out of a major fire at the Syncrude Refinery at Fort McMurray, Alberta with a trial on liability in 1992-1994 and a subsequent settlement as a result of mediation (Esso Resources et al v. Stearns Catalytic et al)
Acted as Plaintiff’s counsel in the successful recovery of substantial damages for the developers of the Mt. Allen Olympic Ski Facility as a result of a breach of confidentiality and interference with rights to intellectual property (Pharand Ski Corporation v. Province of Alberta, 1991)
Acted in the Court of Appeal of Alberta and the Supreme Court of Canada in respect of constitutional and Charter challenges to French language education rights in Alberta (Mahe v. Province of Alberta)
Acted as counsel in successfully defending a multi-million dollar damage claim arising out of a valve failure in the Nova Pipeline System in the Alberta Court of Queen’s Bench, sustained by the Alberta Court of Appeal, leave to the Supreme Court of Canada denied (Nova v. Guelph Engineering Company et al)
Acted as an arbitrator on four free trade dispute resolution panels under the Canada-U.S. Free Trade Agreement