Andrew F. Sunter

Practice Focus

Andrew's practice is focused on complex, high-stakes litigation across a wide range of areas, including commercial, construction, energy, regulatory and security disputes, corporate governance issues and class actions. Before joining BD&P in 2011, Andrew worked at a top national law firm in Toronto. Andrew has appeared as lead counsel before lower courts in Alberta and Ontario, before the Alberta Court of Appeal, before administrative tribunals and in commercial arbitrations.

  • Commercial & General Litigation
    • Acts in a wide range of matters involving contractual disputes, alleged misuse of confidential information, alleged breaches of trust and/or fiduciary duty, negligence claims and intentional torts
    • Regularly represents parties on motions to strike pleadings, summary judgment motions and interlocutory injunction motions
  • Construction Litigation
    • Acts in major construction-related disputes involving complex engineering, procurement and construction issues
  • Energy Litigation
    • Acts in oil & gas operating, royalty, joint venture and accounting disputes
  • Commercial Arbitration
    • Acts in domestic and international commercial arbitration proceedings
  • Securities and Shareholder Litigation
    • Represents shareholders, issuers, directors and officers claims for oppression, secondary market misrepresentation, breach of shareholders' agreements, violations of securities laws and other shareholder-related causes of action
    • Represents bidders and targets (special committees) in contested/unsolicited takeover bids
    • Represents boards of directors and shareholders in hostile proxy contests and disputes
    • Represents shareholders, issuers, directors and officers in proceedings before Canadian securities commissions
  • Class Actions
    • Acts for defendants and plaintiffs in a wide range of class proceedings

Practice Areas

Education

  • Osgoode Hall Law School, Bachelor of Laws (with Distinction), 2006
  • Laurentian University, Bachelor of Arts (with Distinction), 2003

Bar Admission

  • Alberta 2011
  • Ontario 2007

Professional Associations

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

Honours & Recognition

  • Named as a Future Star in Benchmark Canada, the Guide to Canada‚Äôs Leading Litigation Firms and Attorneys, 2019
  • Named in Canadian Legal Lexpert Directory, as a Canadian lawyer to watch in Securities Litigation, 2017
  • Named in Lexpert's Guide to the Leading U.S./Canada Cross-Border Litigation Lawyers in Canada, 2017

Presentations

  • Presenter, Cross-Examination: Strategies for Success, The Advocate's Society Civil Litigation Skills Certificate Program, May 2019
  • Presenter, Preparing and Leading Expert Evidence, The Advocates' Society Civil Litigation Skills Certificate Program, Trial from A to Z, May 2017
  • Presenter, CNRL v. Wood Group, Natural Resources Law Subsection of the Canadian Bar Association, April 2017
  • Panelist, Top 10 Commercial Litigation Cases of 2016, The Advocates' Society, Toronto, March 2017
  • Presenter, Comity as a Tonic to the Multijurisdictional "Whack-a-Mole" Problem in Securities Class Actions, Online Webinar, Securities Class Action Litigation: What Lies Ahead, 2016
  • Presenter, The Use of Circumstantial Evidence in Enforcement Cases before Securities Commissions: Two Perspectives, The Advocates' Society's Third Annual Securities Symposium (with Joanne Luu and Andrew Wilson), September 12, 2013
  • Presenter, The Grande Cache Coal Case: Lessons on Materiality, Trading & ASC Enforcement Proceedings, CBA Canadian Corporate Counsel Association (with Dan McDonald), May 23, 2013
  • Presenter, Directors' and Officers' Liability under the Competition Act, 7th Directors' and Officers' Liability Course (Federated Press), 2011
  • Presenter, Cultural Heritage as a Matter of Corporate Law, Osgoode CLPE First International Conference, 2005

Community Involvement

  • President, Potential Place Society

Professional & Firm Involvement

  • Co-leader, Litigation Business Unit, BD&P
  • Member, Business Development Committee, BD&P
  • Member, 10+ Standing Committee, The Advocates' Society
  • Member, Alberta Advisory Committee, The Advocates' Society
  • Member, Executive Team for the Commercial Litigation Practice Group, The Advocates' Society (2016-2017)
  • Co-Instructor, Corporate Governance segment of the Advanced Business Law course, Osgoode Hall Law School (2007, 2009 and 2010)

Recent Reported Cases

  • Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305: Counsel in connection with three successful appeals and one cross appeal before Court of Appeal, 2018
  • Canadian Natural Resources Limited v. Flatiron Constructors Canada Limited, 2018 ABQB 613: Counsel in successful application to have a $96 million arbitration stayed, 2018
  • Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 122: Counsel in successful leave application to have the Court of Appeal reconsider its earlier decision in Bedard v. Amin, 2010 ABCA 3, 2018
  • PointNorth Capital Inc., 2017 ABASC 121: Counsel in successful defence of an application brought by a dissident shareholder seeking public interest orders under the Alberta Securities Act relating to proxy solicitation processes utilized in a hostile proxy contest, 2017
  • Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2017 ABQB 106: Counsel to Canadian Natural Resources Limited, the owner of a pipeline and related gathering and processing facilities in an $45 million action against its engineering, procurement, and construction contractors relating to a 32 km hot emulsion fluid pipeline, which failed after being put into service, 2016
  • Turner v. Bell Mobility Inc. et al, 2016 ABCA 21: Counsel to Rogers Communications Inc. in successful appeal of application to stay "system access fee" class action as an abuse of process, 2016
  • Stan, Re, 2013 ABASC 148: Counsel to senior management team of mining company in successful defence of insider trading allegations before Alberta Securities Commission, 2013
  • Holtby, Re, 2013 ABASC 45: Counsel to major shareholder of industrial services company in successful defence of insider trading allegations before Alberta Securities Commission, 2013
  • Harnam v. Chandran: Lead counsel for plaintiff class in successful application for Court approval of a partial settlement of national securities class action relating to a real estate project, 2018
  • Afexa Life Sciences Inc., Re, 2011 ABASC 532: Counsel to Paladin Labs Inc. in connection with a hostile takeover bid for Afexa, the makers of ColdFx, including in an application before the Alberta Securities Commission to set aside Afexa's rights plan, 2011

Notice re: Glenmore and Centre Class Action

Investors in the Calgary-based Glenmore and Centre real estate investment promoted by Platinum Equities who would like information on the class action, please click here.

Notice re: Northwynd Class Action

Investors in the Northwynd Real Estate Investment Trust who would like more information on the class action, please click here.