Our team of skilled, effective negotiators will find the right approach to resolve issues as efficiently and quickly as possible – through arbitration, mediation, or litigation.
With deep knowledge across diverse industries and tactics, we’ll help you resolve even the most complex disputes so you can get back to your life and business. We also have extensive experience with administrative and regulatory bodies and solid relationships with experts in other fields we can consult with when needed.
BD&P has one of the most powerful litigation bench strengths in Alberta. We appear before all levels of Alberta’s Courts, as well as:
- Courts of other provincial jurisdictions
- Federal Court
- Supreme Court of Canada
Areas of focus
- Class actions
- Commercial arbitration
- Construction litigation
- Employment litigation
- Energy litigation
- Estate litigation
- International commercial arbitration
- Investor-state arbitration
- Technology litigation
- Personal injury
- Securities litigation
- Tax litigation
Awards and recognition
15 BD&P dispute resolution lawyers ranked in Benchmark Litigation Canada 2022
Successfully defended a pharmacy group in a breach of confidence case
Counsel to a pharmacy group in the successful defence of an injunction application seeking to prevent them from competing by soliciting the clients of their former employer. The Court held that the employer had failed to make out a strong case for breach of fiduciary duty or breach of confidence. (GG & HH Inc. v 2306084 Alberta Ltd., 2022 ABQB 58).
Successful leave to appeal to the Supreme Court of Canada on behalf of Peace River Hydro Partners
Lead counsel in a successful leave to appeal to the Supreme Court of Canada on behalf of Peace River Hydro Partners, in Peace River Hydro Partners, et al. v. Petrowest Corporation, et al., a case which involves the question of whether a receiver can disclaim an arbitration clause while still enforcing the underlying contract.
Successful application to discharge a caveat and Certificate of Lis Pendens
Counsel to a real estate developer in a successful application to discharge a caveat and Certificate of Lis Pendens from title to its lands, which were holding up a construction project.(1704455 Alberta Ltd v. Sage Property Development Inc., 2020 ABQB 776).
Successful land titles dispute against the City of Calgary
Counsel for a homeowner who was sued by the City of Calgary, which claimed ownership of a portion of her front yard under a decades-old road plan that had inadvertently not been registered at Land Titles. The Court held that the road plan could not defeat or supersede the innocent homeowner's indefeasible title to her property. The Court also awarded the homeowner full indemnity for her legal costs. (Calgary (City) v. Teulon, 2021 ABQB 388, 2021 ABQB 501)
Successful occupiers' liability trial against the City of Calgary
Counsel to a plaintiff in an occupiers' liability trial, which found that the City of Calgary had breached the Occupiers' Liability Act by failing to have adequate security measures in place at a Light Rail Transit station and connected Plus 15 walkway on New Year's Eve. The failure to have adequate surveillance camera placement and quality, sufficient lighting, an effective video monitoring system, or sufficient peace officer patrols, contributed to an unsafe environment. This prevented Transit employees from observing or detecting a serious and prolonged series of assaults against the plaintiff, deploying peace officers or Calgary Police to intervene, or taking other steps to mitigate the harm. (McAllister v. Calgary (City), 2018 ABQB 480). The decision was upheld by the Court of Appeal, subject to a clarification concerning the time within which the City ought reasonably to have detected and responded to the assault. (McAllister v. Calgary (City), 2019 ABCA 214). On January 9, 2020, the Supreme Court of Canada denied the City of Calgary leave to appeal the Alberta Court of Appeal's finding of liability in McAllister v. City of Calgary.
Precedent-setting securities law decision
Counsel successfully representing 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)
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).
Successful defence in an alleged breach of confidence case
Counsel in the successful defence of an $18 million action and appeal involving alleged breaches of confidence, use of seismic data, contractual transfer fees, limitations and the objective intent of the parties when contracting. (Geophysical Service Incorporated v Falkland Oil and Gas Limited, 2020 ABCA 21).
Constitutional challenge from British Columbia on the TMX Pipeline
Co-counsel to the Exploration and Producers Association of Canada in its intervention at the Supreme Court of Canada in BC v. Canada. The case considered the constitutionality of British Columbia's proposed restrictions on heavy oil in the TMX Pipeline.
Successfully represented a global manufacturing company in a multi-party litigation
Counsel successfully representing the plaintiffs, a global manufacturing company, in multi-party litigation involving the breach of a distribution agreement and product quality issues. The plaintiffs were awarded both punitive damages and solicitor client costs against the defendants. (Manson Insulation Products Ltd. v Crossroads C&I Distributors, 2019 ABQB 684).
Successful summary dismissal before the Alberta Court of the Queen's Bench
Co-counsel for the successful defendant on the summary dismissal of a claim to a number of disputed facilities. The matter turned on the proper interpretation of joint venture agreements and the CAPL Operating Procedure and the objective intentions of the parties to the contract. (O'Chiese Energy Limited Partnership v Bellatrix Exploration Ltd., 2019 ABQB 53)
Successful defense in a Supreme Court of Canada application for Canadian Natural Resources Limited
Counsel in the successful defense to Wood Group's Supreme Court of Canada application for leave to appeal from the Court of Appeal judgment. (Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305).
Summary dismissal for breach of warranty
Counsel in successfully obtaining summary judgment of post-closing adjustments and summary dismissal of counterclaim for breach of warranty. (Gain Energy Ltd. v. Sequoia Operating Corp.)
Successfully advised Murphy Oil Company Ltd. in a $22 million dispute
Counsel to the successful defendant in responding to the plaintiff's appeal of a decision dismissing its $22 million claim. Leave to appeal to the Supreme Court of Canada was refused. (Geophysical Service Incorporated v Murphy Oil Company Ltd, 2018 ABCA 380).
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
Counsel in successfully striking an appeal of an arbitration award. (ENMAX Energy Corporation v. TransAlta Generation Partnership, 2018 ABQB 142)
Successfully defended client in a contract dispute
Co-counsel on the successful defence of a claim for fees in excess of what was agreed to in a fixed-fee contract. (Riddell Kurczaba Architecture Engineering Interior Design Ltd. v Governors of the University of Calgary, 2018 ABQB 011).
Successful summary dismissal of breach of non-competition claim
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.
Successful leave application on behalf of CNRL
Counsel in the successful leave application to have the Court of Appeal reconsider its earlier decision in Bedard v Amin, 2010 ABCA 3. (Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 122).
Three successful appeals before the Alberta Courts on behalf of CNRL
Counsel in connection with three successful appeals and one cross appeal before Court of Appeal involving the allocation of damages from a pipeline failure and Pierringer Agreements affect the calculation of damages. (Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305)
Successful summary dismissal on behalf of an oil and gas company
Counsel to a junior oil and gas exploration company in the successful summary dismissal of an action based on an alleged breach of a confidentiality agreement, upheld by the Court of Appeal. (Beaumont Resources Ltd. v Cardinal Energy Ltd., 2017 ABCA 416).
Successful appeal overturning a summary judgment order
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).
$125 million summary dismissal for contractual damages
Counsel to a major energy producer in the summary and consent dismissal of over $125 million in contractual damage claims under a seismic data license agreement. (Geophysical Service Incorporated v. Suncor Energy Inc.), 2017 ABQB 465
Represented a roofing company seeking $6,500,000 from fire damages
Lead counsel to a roofing company in a claim seeking $6,500,000 in damages resulting from a fire that occurred while a commercial building in downtown Calgary was under construction. We successfully opposed an application brought by an insurance company to have two Actions related to the losses tried at the same time and to have the implied undertaking lifted. (Center Street Limited Partnership v Lloyd’s Underwriters, 2017 ABQB 295).
Savanna Energy Services Corp.'s hostile takeover defence
Counsel to Savanna Energy Services in the defence of a $450 million hostile takeover bid by Total Energy Services Inc.
Successful defense in a negligence and breach of contract
Counsel to the Plaintiff in a three-month trial where the defendant engineering company was found to be negligent and in breach of contract in its design of a high-temperature emulsion pipeline near Cold Lake, Alberta. (Canadian Natural Resources Limited v.Wood Group Mustang (Canada) Inc., formerly IMV Projects Inc., 2017 ABQB 106).
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).
Successful defense of allegations of land titles fraud
Counsel to a Calgary real estate corporation in the successful defense of allegations of land titles fraud and a demand for specific performance by the Strategic Group and Riaz Mamdani. (Strategic Acquisition Corp. v. Multus Investment Corp., 2016 ABQB 681 and Strategic Acquisition Corp. v. Multus Investment Corp., 2017 ABCA 250).
Advising Wendy's Restaurants of Canada Inc. in a successful summary judgment application
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).
Heritage Capital Corporation's successful appeal to the Supreme Court of Canada
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. (Heritage Capital Corp. v. Equitable Trust Co., 2016 SCC 19).
Rogers Communications Inc.'s successful appeal of application
Counsel to Rogers Communications Inc. in successful appeal of application to stay a "system access fee" class action as an abuse of process. (Turner v Bell Mobility Inc, 2016 ABCA 21).
$45 million action on behalf of CNRL
Counsel to Canadian Natural Resources Limited (CNRL), 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. (Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2017 ABQB 106)
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.
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 decision before the Alberta Court of Appeal
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).
$215 million UNCITRAL arbitration
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.
$65 million action against CNRL's steel suppliers
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. (Canadian Natural Resources v. ArcelorMittal Tubular Products Roman et al).
Represented a major oil sands producer in a dispute against a contractor
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.
Dispute regarding conflict of laws
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).
Successful defense of insider trading allegations
Counsel to major shareholder of industrial services company in successful defense of insider trading allegations before Alberta Securities Commission. (Holtby, Re, 2013 ABASC 45)
Real estate developer's successful interim attachment order
Counsel to a real estate developer in actions against a group of U.K. purchasers who had defaulted under agreements to buy condominium units. 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 2011 ABQB 354 and Qualex-Landmark Investments Inc. v. Soroya 2009 ABQB 689).
Advice to a producer on a contract dispute
Counsel to upstream producer relating to pricing of heavy crude in purchase and sale contracts.
Farming company's commercial dispute
Counsel to a farming company regarding a dispute between the lessor and lessee of farmland in Saskatchewan.
$600 million commercial lease termination
Counsel to an international energy company in a $600 million action concerning termination of a long-term commercial lease.
Successful settlement in a $10 million securities class action
Counsel to class plaintiffs in a $10 million real-estate based securities class action (successfully settled).
Court of Queen's Bench of Alberta trial over a well blowout
Counsel in a $9.5 million claim brought by an operator against a well-control company retained to control a well blowout, which claim proceeded to a lengthy trial before the Court of Queen's Bench of Alberta.
$25 million freehold lease dispute
Counsel representing two defendants in a $25 million claim brought by 21 plaintiffs and involving seven defendants relating to freehold petroleum and natural gas leases in Alberta, including a lengthy trial before the Court of Queen's Bench of Alberta and appeal to the Alberta Court of Appeal.
Dispute regarding claims of unpaid work
Counsel to electrical and instrumentation contractor relating to productivity and unpaid work claims.
Dispute over construction project delay
Counsel to a multinational company in a dispute concerning construction of a pipeline, including with respect to unpaid change requests and delays.
Gas transmission agreement dispute
Counsel to a corporation involved in a dispute about termination of a raw gas transmission agreement.
Dispute over a pipeline failure
Counsel to upstream producer regarding claims of approximately $450 million arising from the failure of buried, high temperature pipe-in-pipe pipelines.
Defence counsel in various occupational health and safety disputes
Defence counsel on a number of occupational health and safety matters including exposure to chemical fumes, falls from height, pedestrians struck by heavy equipment; workers injured when standing under suspended loads, workers injured at pinch points, among others.
Successful summary dismissal application for Bellatrix Exploration Corp.
Counsel to Bellatrix Exploration Corp. in a successful summary dismissal application of claims arising under three joint venture agreements.
Successful action against a condo developer
Counsel for a condominium purchaser in a successful application to rescind the purchase agreement due to the developer's failure to provide or meet a fixed or ascertainable occupancy date. The Court ordered the return of the purchaser's deposits, and held the director of the development corporation personally liable for breaching the trust provisions of the Condominium Property Act. (Avli BCR Developments Inc. v. Ulsifer, 2022 ABQB 81.)
Contract review for a livestock association
Counsel to a livestock association with respect to various contractual review matters.
Occupational health and safety advice for an agriculture retailer
Counsel to a retail supplier of agricultural products and services with respect to advice regarding their process safety management and potential liabilities under various regulations.
Advising an energy company in a $25 million claim
Counsel to an Alberta exploration and production company in a $25 million claim by a prospective purchaser. The issues include the proper interpretation of an asset purchase agreement, breach of confidence allegations, and the exclusion of consequential losses
Joint venture and operating agreements dispute
Counsel to an Alberta exploration and production company in a multi-million dollar claim and counterclaim arising out of late 13th month adjustments, withholding of payment under various joint venture and operating agreements, and the effect of an assignment and novation.
Advising on a product liability claim
Lead counsel to an Alberta exploration and production company in an $8 million product liability claim in connection with failed fracking equipment.
Energy company's $16 million claim
Lead counsel to an Alberta exploration and production company in a $16 million claim brought by a pipeline construction company to recover cost overruns on a fixed fee contract.
$17 million product liability claim
Lead counsel to an Alberta exploration and production company in a $17 million product liability claim in connection with failed fracking equipment.
Advising E&P company on a product liability claim
Lead counsel to an Alberta exploration and production company on a $10 million product liability case involving the failure during fracturing operations of a coupling attached to a joint of P110 casing.
Dispute regarding abandonment and reclamation
Lead counsel to an Alberta exploration and company that is alleged to be required to pay abandonment and reclamation costs on properties that were assigned to other parties pursuant to purchase and sale agreements.
$96 million stay of arbitration
Counsel in successful application to have a $96 million arbitration stayed. (Canadian Natural Resources Limited v. Flatiron Constructors Canada Limited, 2018 ABQB 613)
Advising on a royalty dispute
Lead counsel to a commercial landlord in a dispute involving the royalty payable on the tenant's gross income and misreporting thereof.
$60 million summary judgment defense
Counsel to a condominium corporation in the successful defense 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).
Advising in a case that involved the impact of limitation periods
Lead counsel to a syndicate of working interest owners in sour and sweet gas facilities. The action involved allocations of produced substances and the impact of limitation periods.
Dispute regarding the misuse of confidential information
Counsel to a corporation that obtained an ex-parte Anton Piller Order against a former employee who—days before he resigned—had downloaded an entire database of confidential client lists and other documents, and had surreptitiously taken 11 boxes of confidential information out of the office while everybody else was at the corporation's Christmas Party. As a result of the Anton Piller Order, the client got its client lists and other confidential information back from the former employee. (Peters & Co Limited. v. Ward, 2014 ABQB 488 and 2015 ABCA 6)
Advising Purpose Farms in a lease dispute
Counsel to a corporation that operated a feedlot and farm in Carnduff, Saskatchewan. He successfully obtained a Court Order declaring that his client was entitled to quiet enjoyment of the feedlot pursuant to a lease, and directing the Respondent to forthwith give up possession of the feedlot, and to allow his client free and unimpeded access to it. (Purpose Farms Inc. v. Bar JB Ranch et al, 2017 QBG 2693)
Purchase agreement dispute
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).
Advising a farmer on a joint venture agreement
Counsel to a farmer who successfully obtained a declaration that a joint venture agreement relating to the development of lands located near Langdon, Alberta was invalid, unconscionable, and had been terminated by the parties. The land developer unsuccessfully counterclaimed seeking approximately $50,000,000 in damages. (Mikkelsen v. Truman Development Corporation, 2016 ABQB 23 and 2017 ABCA 99)
Dispute regarding wrongful termination of franchise agreements
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).
Successful securities class action settlement
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 (Harnam v. Chandran, 2018)
Securing a Restricted Court Access Order
Counsel to an individual client who successfully obtained a Restricted Court Access Order, an Anton Piller Order, a Contempt Order, and a Vexatious Litigant Order against a Plaintiff. (R.O. v. D.F., 2016 ABCA 170)
Claim involving accusations of negligence
Counsel to an international well engineering company in a claim involving allegations of negligence, the proper interpretation of a Master Services Agreement and the exclusion of consequential losses.
Litigation advice to a group of energy companies
Counsel for a large group of defendant oil and 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).
Dispute regarding a distribution agreement
Counsel to a leading global insulation manufacturer and its Canadian subsidiary relating to a distribution agreement. The team was successful in obtaining full solicitor-and-own client costs and punitive damages in the amount of $750,000. (2019 ABQB 684).
Confidential arbitration with a joint venture partner
Counsel to a publicly listed oil and gas company in a confidential arbitration with its joint venture partner. The dispute raised issues regarding the operator's accounting and involved alleged damages of $70,000,000.
Advising an energy operator in a dispute with its joint venture partner
Counsel to an operator in a $19,000,000 claim brought by its joint venture partner alleging that it misallocated gas and condensate volumes from joint wells at its gas processing facility.
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