Trevor R. McDonald

Practice Focus

  • Commercial & General Litigation
  • Commercial Tenancy Litigation
  • Condominium and Real Estate Litigation
  • Construction Litigation
  • Energy Litigation
  • Franchise Litigation
  • Intellectual Property Litigation
  • Securities Litigation
  • Trial and Court Experience
    • Litigated numerous trials, contested applications and appeals in the Alberta Court of Queen's and Court of Appeal, Ontario Superior Court of Justice and Court of Appeal, and Federal Court of Canada (Trial Division) and Court of Appeal
    • Extensive experience in bringing and defending applications for emergency injunctive relief in numerous scenarios, including breach of restrictive covenants and non-competition agreements, commercial landlord-tenant, corporate and shareholder, franchisor/franchisee, intellectual property and other disputes
    • Successfully applied for and defended applications for Mareva injunctions, attachment orders and Anton Piller orders
  • Alternative Dispute Resolution (ADR) Experience
    • Frequently represent clients in commercial arbitrations, mediations and settlement negotiations 

Practice Areas

Education

  • Intensive Trial Advocacy Course, Osgoode Hall, York University, 2005
  • University of Manitoba, Bachelor of Laws, 1999
  • University of Manitoba, Bachelor of Commerce, Honours, 1995

Bar Admission

  • Alberta 2007
  • Ontario 2001

Professional Associations

  • Member, Law Society of Alberta
  • Member, Canadian Bar Association
  • Member, Advocates' Society

Recent Reported Cases

  • Counsel to an oil and gas company in a successful appeal overturning a summary judgment order initially granted on the basis of exclusion clauses in the CAPP-CAODC Master Daywork Contract. Yangarra Resources Ltd. v Precision Drilling Canada Limited Partnership, 2017 ABCA 378.
  • Counsel to Wendy's Restaurants of Canada Inc. in a successful summary judgment application and dismissal of a claim pertaining to the termination of a franchise license. Seto v. Wendy's Restaurants of Canada Inc., 2016 ABQB 493.
  • Counsel to a condominium corporation in the successful defence of summary judgment applications in a $60 million action related to allegations of severe building deficiencies, all of which were upheld by the Court of Appeal. Condominium Corp. No. 0321365 v. Cuthbert 2016 ABCA 46; Condominium Corp. No. 0321365 v. 970365 Alberta Ltd. 2012 ABCA 26; Condominium Corp. No. 0321365 v. Marshall 2009 ABCA 292.
  • Lead counsel for a large group of defendant oil & gas companies in obtaining a substantial security for costs award against a seismic company. Geophysical Service Incorporated v. Encana Corporation, 2015 ABQB 196, var'd 2016 ABQB 49.
  • Counsel to an Alberta corporation in a successful appeal reinstating an action that had been assigned to it by a Receiver, but struck by a Judge on the grounds of champerty and maintenance. 1773907 Alberta Ltd v Davidson, 2015 ABCA 150.
  • Counsel to an Alberta corporation in a conflict of laws matter involving issues of international jurisdiction and forum non conveniens.  RBZ Capital Corp. v. Petrol Alchemy LLC, 2014 ABQB 102.
  • Counsel to an oil and gas company in a dispute with a drilling company over the interpretation of a CAPP-CAODC Master Daywork Contract.  Successful application on interpretation of  amendments to the Rules of Court resulting in a major change to a long-standing practice in Alberta on examination of  witnesses. Precision Drilling Canada Limited v. Yangarra Resources Ltd. 2013 ABQB 492.
  • Counsel to a  developer in a successful appeal of a Judge's decision declaring a purchase agreement null and void where the developer had failed to register a Condominium Plan by a specified date.  Swan Group Inc. v. Bishop 2013 ABCA 29.
  • Counsel to a franchisee in a successful injunction application and trial relating to the wrongful termination of franchise agreements which resulted in the reinstatement of the agreements, a ten year renewal of the expired  agreement and a finding that the franchisor had acted in bad faith. 760437 Alberta Ltd. v. Fabutan Corp. 2012 ABQB 266. 
  • Counsel to a real estate developer in actions against a group of U.K. purchasers who had defaulted under agreements to buy condominium units. Qualex-Landmark Investments Inc. v. Soroya 2011 ABQB 354. The matter went to trial and included a successful interim attachment order preventing the defendants from transferring or disposing of their Alberta assets prior to trial. Qualex-Landmark Investments Inc. v. Soroya 2009 ABQB 689.