Jeffrey E. Sharpe

Practice Focus

  • Construction Law
    • Extensive experience in construction disputes, including delay, industrial design, tender, lien, and engineering claims
    • Advising and litigating insurance issues relating to construction matters, including liability, builder's risk, errors and omissions and professional liability coverage
  • Energy Litigation
    • Active in a variety of oil & gas litigation matters, including actions concerning the duties of operators, accounting principles and gas purchase contract interpretation disputes
  • Securities Litigation
    • Active in all areas of corporate and securities litigation including shareholder and oppression disputes, directors' and officers' liability claims, prospectus misrepresentations and public disclosure issues
    • Experienced in defence of class action shareholders' claims and securities fraud; claims against investment dealers and related claims
  • Commercial Arbitration & Mediation 
    • Broad experience as counsel in commercial and construction arbitrations and mediations
  • Court and Board Experience
    • Lead counsel before all levels of courts in Alberta, the Federal Court of Canada (Trial Division), the Supreme Court of Canada and other tribunals including the Alberta Securities Commission and the Workers' Compensation Board

Practice Areas

Education

  • Harvard Law School, Program on Negotiation, Negotiation and Leadership, 2016
  • University of British Columbia, Bachelor of Laws, 1994

Bar Admission

  • Alberta 1995

Professional Associations

  • Fellow, American College of Trial Lawyers
  • Fellow, Canadian College of Construction Lawyers
  • Fellow, Litigation Counsel of America
  • Past President and Current Member, Calgary Bar Association
  • Member, Law Society of Alberta
  • Member, Canadian Bar Association

Honours & Recognition

  • Named in Chambers Canada as a leading lawyer in Litigation: General Commercial (Alberta), 2016-2019
  • Named in Lexpert's Special Edition of Canada's Leading Energy Lawyers, 2018
  • Named in the Canadian Legal Lexpert Directory as a leading lawyer in the areas of Construction Law, Corporate Commercial Litigation and Securities Litigation, 2018
  • Named in Benchmark Canada, the Guide to Canada's Leading Litigation Firms & Attorneys, as a Future Star in Alberta in 2014 and a Litigation Star in Canada, 2015-2018
  • Named by Best Lawyers in Canada in the area of Corporate and Commercial Litigation annually since 2013
  • Named by Lexpert's Cross-Border Litigation Guide as a Litigation Lawyer to Watch, 2009
  • Named in Lexpert Magazine's Top 40 Lawyers Under 40 in Canada, 2008

Presentations

  • Panel Member, Appellate Advocacy, Legal Education Society of Alberta, October and November 2018
  • Presenter, CNRL v. Wood Group (IMV), Natural Resources Law Subsection of the Canadian Bar Association, April 2017
  • Instructing at The Advocates' Society Civil Litigation Skills Certificate Program entitled Trial from A to Z, May 30, 2017
  • Presenter, The Use of Experts in Construction Disputes, CBA Construction Law, Alberta South, February 2017
  • Panel Member, Mitigating Directors' Exposure for Personal Environmental Liability, BD&P Client Seminar, February 11, 2014
  • Written and presented papers for the public on securities disclosure, oil & gas and environmental matters
  • Past Instructor, Alberta Bar Admission Courses in Civil Litigation and Chambers Advocacy

Professional & Firm Involvement

  • Member, Executive Committee, BD&P
  • Member, Conflicts Committee, BD&P
  • Member, Compensation Committee, BD&P
  • Member, Partnership Transition Committee, BD&P
  • Past Editor, Alberta Environmental Law Digest

Recent Case Involvement

  • 2018 - 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 – Lead counsel in the 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: Lead counsel in the successful leave application to have the Court of Appeal reconsider its earlier decision in Bedard v Amin, 2010 ABCA 3.
  • 2017 - PointNorth Capital Inc., 2017 ABASC 121: Lead counsel in the 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.
  • 2016 - Heritage Capital Corp. v. Equitable Trust Co., 2016 SCC 19: Successful leave applications and appeal to Supreme Court of Canada concerning the proper interpretation of the right to payments arising under an Incentive Agreement registered by caveat on title to land for a designated heritage building and the proper statutory interpretation as to priority of interest governed by the Personal Property Security Act , R.S.A. 2000 c. P-7.
  • 2016 - Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2017 ABQB 106: Lead counsel to Canadian Natural Resources Limited, the owner of a pipeline and related gathering and processing facilities in an $45M action against its engineering, procurement, and construction contractors relating to a 32 km hot emulsion fluid pipeline, which failed after being put into service.
  • 2015 - Canadian Natural Resources v. ArcelorMittal Tubular Products Roman et al: Lead counsel to Canadian Natural Resources Limited in a $65M action against CNRL's steel suppliers (including foreign steel suppliers) who procured and supplied defective steel piping for CNRL's utilities and offsite facilities. The action was settled prior to trial.
  • 2015 - Lead counsel to an Alberta fabrication company in a $215M UNCITRAL Arbitration involving the construction of a gas processing plant. The matters in dispute included allegations of gross negligence, allegations of improper fabrication according to regulatory standards, and delay claims of approximately $200M.
  • 2015 - Counsel for a major oil sands producer against its EPCM contractor for the faulty design and construction of slab-on-grade foundations for waste water and water processing facilities, after it was discovered that the slabs were shifting.