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Paul G. Chiswell

Paul G. Chiswell

Partner

403.260.0201
pchiswell@bdplaw.com
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Education:

University of Oxford, Bachelor of Civil Law (with Distinction), 2012

Law Clerk, Court of Appeal of Alberta, 2010

University of Alberta, Bachelor of Laws (with Distinction and Silver Medal in Law), 2010

University of Alberta, Bachelor of Commerce (with Distinction), 2007

Bar admission: 2011

Industries:

Agribusiness, food and beverage, Financial services, Government and not for profit, Oil and gas, Power

Practice areas:

Class actions, Commercial arbitration, Employment litigation, Energy litigation, Shareholder rights and activism, Technology litigation, Litigation and dispute resolution, Securities litigation, Tax litigation

Experience

Paul's practice focuses on complex, high-stakes corporate and commercial litigation. He has appeared before trial and appellate courts in Alberta and the Supreme Court of Canada, and other tribunals, including the Alberta Securities Commission and the Law Society of Alberta.

Paul's focus is on:

Corporate litigation

Broad experience representing shareholders, directors and officers in corporate disputes and oppression actions, including matters involving breaches of shareholder agreements, breaches of fiduciary duties, taking of corporate opportunities and share valuations

Securities litigation

Acts both for and against investment advisors and dealers, and defends companies and individuals in Canadian Securities Commission investigations and hearings

Energy litigation

Extensive experience litigating oil and gas and electrical industry disputes of all types

Class actions

Acts on behalf of plaintiffs and defendants in investor and product liability class actions.

Community involvement

Paul serves as a director of the Alberta Law Foundation and is the Chair of the Calgary Marathon Society (Run Calgary). He is a former member of both the University of Alberta Senate and Board of Governors and a past director of Vertigo Theatre.

Paul also volunteers at the Calgary Court Assistance Program (Queen's Bench Amicus) and as instructor at the University of Calgary Faculty of Law Trial Advocacy Course. Paul is a former executive of the CBA Alberta South Civil Litigation Subsection, and was a member of the Advocates' Society's Task Force on the Rules of Court Committee Summary Trials Consultation (2020).

Professional involvement

Professional associations

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

Presentations

Paul has also presented at various conferences, panels, seminars, and other events, including:

Pre-Litigation Considerations and Strategies, Legal Education Society of Alberta's Commercial Litigation Fundamentals program (February 2022)
Federalism in the Patch: Canada's Energy Industry and Constitutional Division of Powers, Canadian Energy Law Foundation Jasper Seminar (September 2020)
Practical Remedies in Shareholder Disputes, Legal Education Society of Alberta's Shareholder Disputes (October 2019)
Shaping the Facts from the Outset – Effective Pleadings, Legal Education Society of Alberta's Civil Advocacy Series: Getting at the Facts (April 2019)

Representative work

Certification of national class action

Successfully obtained certification in British Columbia of a national class action against manufacturers of natural health supplements and Court approval of a settlement against another manufacturer. (Krishnan v Jamieson Laboratories Inc., 2021 BCSC 1396, 2921 BCSC 1425, 2021 BCSC 2127, 2023 BCCA 72, leave to appeal to SCC denied).

Precedent-setting securities law decision

Successfully represented Inter Pipeline Ltd. (IPL) in a precedent-setting case before the Alberta Securities Commission. The case addressed Brookfield Infrastructure Partners L.P.'s use of total return swaps in its takeover bid of IPL. The decision is the first time that a Canadian securities regulator has directly addressed the use of total return swaps within the context of takeover bids following the changes to the Canadian takeover bid regime in 2016. (Re Bison Acquisition Corp., 2021 ABASC 100).

Court approval of contested plan of arrangement

Successfully obtained court approval of a shareholders'-rights-focused plan of arrangement over the objections of those seeking creditor rights protections (Re Perpetual Energy Inc., 2021 ABQB 718).

Appeared before the Supreme Court of Canada on the constitutionality of the inter-provincial transport of oil and gas

Intervenor counsel to the Explorers and Producers Association of Canada in a case that considered the constitutionality of British Columbia's proposed restrictions on heavy oil in the TMX Pipeline and the interprovincial transport of oil and gas. (Reference re Environmental Management Act, 2020 SCC 1).

Summary dismissal for breach of warranty

Successfully obtained summary judgment of post-closing adjustments and summary dismissal of counterclaim for breach of warranty. (Gain Energy Ltd. v. Sequoia Operating Corp.)

Successful defense of an ASC application from a dissident shareholder

Successful defense 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. (PointNorth Capital Inc., 2017 ABASC 121).

Represented the Alberta Small Brewers Association before the Supreme Court of Canada

Intervenor counsel to the Alberta Small Brewers Association in a case that considered the constitutionality of interprovincial restrictions on trade in beer. (R. v. Comeau, 2018 SCC 15)

Appeal of an arbitration award

Successfully struck an appeal of an arbitration award. (ENMAX Energy Corporation v. TransAlta Generation Partnership, 2018 ABQB 142)

Successful summary dismissal of breach of non-competition claim

Successfully obtained summary dismissal of a claim for breach of non-solicitation and non-competition covenants and summary judgment of a counterclaim for unpaid commissions.

Shareholder and co-director oppression dispute

Successfully obtained an injunction against a director and officer to stop the oppression of a minority shareholder and co-director.

Dispute over forum selection clause in employment agreement

Successfully stayed on appeal an Alberta action on the basis of a forum selection clause in various employment agreements. (Buckland v. PHX Energy Services Corp).

Perpetual Energy Inc.'s restructuring and settlement of convertible debentures

Counsel to Perpetual Energy Inc. regarding recapitalization transactions, including a $25 million backstopped rights offering, settlement of 7.00% convertible debentures and a successfully contested Alberta Securities Commission hearing. (Re Perpetual Energy Inc., 2015 ABASC 2)

Successful summary judgment for a confidential client

Successfully obtained summary judgment compelling a departing shareholder-director to sell his shares based on a valuation formula set out in an unanimous shareholders agreement and successfully opposed an oppression action.

Successful multi-million dollar summary judgment for former CEO

Successfully obtained summary judgment of a multi-million dollar performance share unit claim for a former chief executive officer of a multinational oil and gas corporation.

$65 million action against CNRL's steel suppliers

Counsel to Canadian Natural Resources Limited in a $65 million 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. (Canadian Natural Resources v. ArcelorMittal Tubular Products Roman et al).

Awards

Recent honours and recognition

Leading lawyer in Litigation and Corporate Commercial (2023, 2024) by the Canadian Legal Lexpert Directory

Lexology Client Choice Award for Energy and Natural Resources in Alberta (2024)

Recognized by Best Lawyers in Canada in Corporate and Commercial Litigation (2022, 2023)

Named in The Legal 500 Canada as a recommended lawyer in dispute resolution: Alberta (2023)

Recognized by Benchmark Litigation in their Canadian 40 and Under List (2022 & 2023)

Recognized as a Future Star by Benchmark Litigation Canada (2021-2023)

Peter Carter Scholarship for postgraduate study in law at Wadham College, University of Oxford (2011)

Viscount Bennett Scholarship for postgraduate study in law awarded by the Law Society of Alberta (2011)

William Morrow Essay Prize (first prize) awarded by the Alberta Law Review (2010)

Lou Hyndman Award for community leadership awarded by the University of Alberta (2009-2010)

Publications

July 20, 2021

Alberta Securities Commission permits shareholder rights plan for first time under new takeover bid regime

December 10, 2020

Federalism in the patch: Canada's energy industry and constitutional division of powers cited with approval by the Alberta Court of Appeal and the Supreme Court of Canada in Reference re Impact Assessment Act, 2022 ABCA 165 and 2022 SCC 23.

April 1, 2020

Trans Mountain Pipeline Expansion Project clears legal hurdles

January 20, 2020

Supreme Court of Canada takes thirty minutes to unanimously reject British Columbia's proposed regulation of Alberta heavy oil through the Trans Mountain Pipeline

October 1, 2014

Some Common Problems In Expert Determination (And How To Avoid Them)

News

March 6, 2024