David de Groot
Partner
Experience
David's focus is on:
Commercial and general litigation
- David has appeared before all levels of Court in Alberta, including the Provincial Court, the Court of Queen's Bench and the Court of Appeal. He has also represented clients at the Supreme Court of Canada. David's commercial practice includes business partner disputes, including matters relating to oppression remedies, partnership dissolutions, shareholder/business valuations and forensic investigations and audits.
Construction litigation
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David acts for owners, general contractors and subcontractors in a variety of industrial, commercial and institutional construction projects. He provides advice on drafting construction contracts and on disputes arising during construction, including bid/tender disputes, surety bonds disputes, delay claims, faulty workmanship claims and lien claims. David is familiar with the pressures that clients in the construction industry face, including those arising from the need to maintain project schedules, ensure quality workmanship and meet project budgets. He provides practical advice enabling his clients to respond to the legal challenges that arise in relation to these pressures.
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David's construction practice is national in scope, recently acting for clients on matters in British Columbia, Alberta, Manitoba, Ontario, and Nova Scotia
Labour law
- David has appeared before, and made submissions to, the Alberta, British Columbia and Saskatchewan Labour Relations Boards. He has experience in a wide variety of labour issues, including certification drives, unfair labour practices and grievance arbitrations. Much of David's labour experience relates to the construction industry, although he has also represented clients in the retail, health care and manufacturing sectors.
Recent cases
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.
Professional involvement
David is the Regional Director (Alberta) of the Society for Construction Law and a sessional Instructor for University of Calgary's Trial Advocacy Course.
Professional associations
- Member, Law Society of Alberta
- Member, Canadian Bar Association
- Member, Calgary Bar Association
- Fellow, Canadian College of Construction Lawyers
- Director, Society for Construction Law, North America
- Fellow, Litigation Counsel of America
Presentations and Publications
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Moderator, Numerous Presentations for Construction Law Society (North America
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Panelist, Best Practices for Construction Arbitrations I: Practical Tools, Construction Law Advocacy Conference, Advocates Society, October 2021
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Presenter, Privilege and Construction Risk Assessments, 12th Annual Managing Risk in Construction Contracts & Projects Conference, The Canadian Institute, March 2020
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Presenter, Ethics Seminar: Pressing Issues Confronting the Canadian Construction Industry, 9th Annual Managing Risk in Construction Contracts & Projects Conference, The Canadian Institute, January 2017
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Restructuring companies or restructuring contracts: Lessons from Chandos Construction Ltd v Deloitte Restructuring Inc., Construction Litigation Bulletin, 2020
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Valard v Bird: General Contractors Should Notify Subcontractor Beneficiaries of Labour & Material Bonds, BD&P Client Bulletin - February 2018
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Interpreting Exclusions, Ledcor Construction Ltd. v Northbridge Indemnity Insurance Co. Construction Business, Nov/Dec 2016
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A Case Comment on Ledcor Construction Ltd. v Northbridge Indemnity Insurance Co. BD&P Construction Newsletter - December 2016
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Unjust Enrichment: Do Subcontractors Have Common Law Remedies Against Owners? BD&P Construction Newsletter - July 2016
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Can a Lien Bond Satisfy a General Contractor’s Trust Obligations?, BD&P Construction Newsletter - March 2016
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A Primer on Surety Bonds, BD&P Construction Newsletter - February 2013
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Rule 14: Actions, Applications and Strategic Factors for Choice of Proceeding, Advocates Quarterly
Representative work
Graham Construction and Engineering LP v. City of Toronto
The City of Toronto contracted with Graham Construction and Engineering LP for the construction of the Ashbridges Waste Water Treatment Plant. During the course of construction, the parties discovered numerous changes to the site condition which resulted in significant changes to the scope of work, including with respect to delays to perform the scope of work.
ARC Resources Ltd.'s $8.1 billion combination
Counsel to ARC Resources Ltd. in its $8.1 billion strategic Montney combination with Seven Generations Energy, resulting in ARC becoming Canada's largest condensate producer, third-largest natural gas producer and sixth-largest upstream energy company.
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.
Represented a roofing company seeking $6.5M from fire damages
Lead counsel to a roofing company defending a $6.5M claim for alleged 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).
Awards
Recent honours and recognition
Named as a Litigation Star in Benchmark Litigation Canada (2025)
Recognized by Best Lawyers in Canada in Construction law, Labour and Employment law and Corporate and Commercial Litigation (2020-2025)
Leading lawyer in Construction; Litigation - Corporate Commercial (2024, 2025) by the Canadian Legal Lexpert Directory
BD&P Employment & Labour Group named 2023 Reader's Choice in the Employment & Labour Law – Full Service Firm category by Canadian HR Reporter
Named a Future Star by Benchmark Litigation Canada (2019-2024)
Recognized by Benchmark Litigation in their Canadian 40 and Under Hot List (2019-2022)
Corporate and commercial litigation Lawyer to Watch by Canadian Legal Lexpert Directory (2020)
Publications
March 7, 2022
A primer on Alberta's prompt payment legislation and regulations
November 9, 2020
Restructuring companies or restructuring contracts: Lessons from Chandos Construction Ltd v Deloitte Restructuring Inc.
News
June 27, 2025
BD&P Recognized in Benchmark Litigation’s 2025 Canada Rankings
April 30, 2025
Lexpert Special Edition: Infrastructure 2025
March 11, 2025
26 BD&P Lawyers included in the 2025 Edition of the Canadian Legal Lexpert Directory
August 29, 2024
52 BD&P lawyers recognized in the 2025 edition of Best Lawyers Canada
May 1, 2024
BD&P Lawyers Ranked as Future and Litigation Stars
March 6, 2024
24 BD&P lawyers recognized as recommended leaders in Canada
August 24, 2023
Forty-one BD&P lawyers recognized in the 2024 edition of Best Lawyers Canada
June 16, 2023
BD&P Recognized as a Reader's Choice Award Winner for Employment & Labour Law
May 29, 2023
The Canadian College of Construction Lawyers inducts David de Groot as a Fellow
April 26, 2023
BD&P ranked highly by 2023 Benchmark Litigation Canada
August 25, 2022
Thirty-five BD&P lawyers recognized in Best Lawyers in Canada, 2023 edition
July 28, 2022
BD&P Litigation lawyers ranked in Benchmark Canada 2022
April 28, 2021
Fifteen BD&P litigation lawyers ranked in Benchmark Canada 2021
August 27, 2020
Thirty-four lawyers recognized in the 2021 edition of the Best Lawyers in Canada guide
April 29, 2020
Twenty-three lawyers ranked in 2020 edition of the Canadian Legal Lexpert Directory
April 14, 2020
Thirteen BD&P litigation lawyers ranked in Benchmark Canada 2020
August 21, 2019
31 BD&P lawyers included in 2020 edition of Best Lawyers in Canada
August 6, 2019
David de Groot named in Benchmark Litigation’s 2019 40 and Under Hotlist
March 26, 2019