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David de Groot

Partner

403.260.0167
ddegroot@bdplaw.com
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Education:
Osgoode Certificate in Construction Law, 2016

Law Clerk at the Court of Appeal for Ontario: O'Connor A.C.J.O., and Doherty, Gillese and Epstein JJ.A., 2007-2008

University of Toronto, Juris Doctor (Honours), 2007 (Dean's Key Recipient)

University of Calgary, Master of Arts, 2004 (Canada Graduate Scholarship Recipient)

University of Calgary, Bachelor of Arts, 2002 (with Distinction) (Silver Medallist)

Bar admission: Alberta 2008 and Ontario 2008
Industries:
Agribusiness, food and beverage, Construction, Oil and gas
Practice areas:
Commercial arbitration, Construction litigation, Employment litigation, Employment and labour

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 in leave to appeal applications to the Supreme Court of Canada. David's commercial practice includes a large number of business partner disputes, including matters relating to oppression remedies, partnership dissolutions, shareholder/business valuations and forensic investigations and audits.

Construction litigation

  • David acts for owners, general contractors and subcontractors in a variety of industrial, commercial and institutional construction projects. He has provided 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.

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

Presentations

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

  • Best Practices for Construction Arbitrations I: Practical Tools, Construction Law Advocacy Conference, Advocates Society (October 2021)
  • Privilege and Construction Risk Assessments, 12th Annual Managing Risk in Construction Contracts & Projects Conference, The Canadian Institute (March 2020)
  • Ethics Seminar: Pressing Issues Confronting the Canadian Construction Industry, 9th Annual Managing Risk in Construction Contracts & Projects Conference, The Canadian Institute (January 2017)
  • Presenter, Builders' Liens, Client Seminar (March 2016)

Representative work

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.

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.

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).

Awards

Recent honours and recognition

Recommended lawyer by Best Lawyers in Canada in the areas of construction law and labour and employment law (2020-2023)

Named a Future Star by Benchmark Litigation Canada (2019-2022)

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)