Paul G. Chiswell

Practice Focus

Paul's practice focuses on complex, high-stakes corporate and commercial litigation.

Paul 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.

  • Energy Litigation
    • Extensive experience litigating oil and gas and electrical industry disputes of all types
  • 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
  • Class Actions
    • Acts on behalf of both plaintiffs and defendants

Practice Areas

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

  • Alberta 2011

Professional Associations

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

Honours & Recognition

  • 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

Presentations

  • Presenter, Shaping the Facts from the Outset – Effective Pleadings, Legal Education Society of Alberta's Civil Advocacy Series: Getting at the Facts, April 26, 2019

Professional and Community Involvement

  • Executive member, CBA Alberta South Civil Litigation Subsection
  • Instructor, University of Calgary Faculty of Law Trial Advocacy Course
  • Director, Alberta Law Foundation
  • Volunteer, Calgary Court Assistance Program (Queen's Bench Amicus)
  • Director, Calgary Marathon Society (Run Calgary)
  • Former member, University of Alberta Senate and Board of Governors

Representative Cases

  • 2019 - anonymous client: lead counsel in successfully obtaining summary judgment for $8 million.
  • 2019 - Gain Energy Ltd. v. Sequoia Operating Corp.: lead counsel in successfully obtaining summary judgment of post-closing adjustments and summary dismissal of counter claim for breach of warranty.
  • 2018 - anonymous client: lead counsel in successfully obtaining summary dismissal of a claim for breach of non-solicitation and non-competition covenants and summary judgment of a counterclaim for unpaid commissions.
  • 2018 - R. v. Comeau , 2018 SCC 15: intervened on behalf of the Alberta Small Brewers Association in a precedent setting case on the scope of interprovincial free trade under the Canadian Constitution.
  • 2018 - ENMAX Energy Corporation v. TransAlta Generation Partnership, 2018 ABQB 142: successfully struck an appeal of an arbitration award.
  • 2017 - 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 - Buckland v. PHX Energy Services Corp.: successfully stayed on appeal an Alberta action on the basis of a forum selection clause in various employment agreements.
  • 2017 - anonymous client: successfully obtained an injunction against a director and officer to stop the oppression of a minority shareholder and co-director.
  • 2016 - Heritage Capital Corp. v. Equitable Trust Co., 2016 SCC 19: successful leave application and appeal to the Supreme Court of Canada concerning the proper legal characterization of the right to payments from the City of Calgary regarding a designated heritage building and the priority of security interests under the Personal Property Security Act.
  • 2016 - Re Perpetual Energy Inc., 2016 ABASC 2: successful defence of a cease trade order application and appeal from an Alberta Securities Commission endorsement of a $25 million backstopped rights offering.
  • 2016 - anonymous 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.
  • 2016 - anonymous client: 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.
  • 2015 - Canadian Natural Resources v. ArcelorMittal Tubular Products Roman et al: 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.