Gina Ross copy

Gina A. Ross

Partner

403.260.0342
gar@bdplaw.com
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Education:
Advanced Investigation Techniques Certificate – Rubin Thomlinson LLP, 2020

University of Calgary, Bachelor of Laws, 1988

Bar admission: Alberta 1989
Industries:
Aerospace, Agribusiness, food and beverage, Franchises, dealerships and distributorships, Construction, Financial services, Government and not for profit, Life sciences, Oil and gas, Power, Real estate, Renewables and energy transition, Start-up and early-stage companies, Technology
Practice areas:
Employment litigation, Employment and labour, Litigation and dispute resolution

Experience

Gina's focus is on employment law, including:

  • Advising on employment issues arising with respect to corporate mergers, sales and takeovers
  • Drafting employment agreements, independent consultant contracts, and change of control and retention agreements
  • Advising employers concerning personnel procedures, hiring policies, drug and medical testing policies, employee fiduciary duties and other matters
  • Providing counsel to employers on downsizings, terminations, defending employment-related litigation and discrimination complaints

Recent cases

  • Represented one of the defendants, and was successful in having the action struck pursuant to Rule 3.68 and Civil Practice Note 7. Freeman v. University of Alberta, 2021 ABQB 612
  • Successfully represented the defendant in obtaining a court order (for security for costs) resulting in the plaintiff's claim being dismissed. Freeman v. CNRL, 2021 MC
    Successfully represented the respondent and the complaint was dismissed as it was filed outside of the limitation period in the Human Rights Act. Cromie v.Tourmaline Oil Corp et al, 2021 AHRC 79
  • Successfully represented the defendant in a wrongful dismissal action and the plaintiff's claim was dismissed following trial. Jegou v. CNRL, 2021 ABQB 401. The decisions on costs awarded to CNRL is Jegou v. CNRL, 2021 ABQB 943
  • Successfully represented the defendant in a wrongful dismissal and loss of benefits claims by the plaintiffs. The plaintiffs' claim was struck in its entirety on the grounds that there was no genuine issue for trial, portions of the claim were issue estopped from proceeding, and certain elements of a cause of action were not sufficiently plead. Cabot v. Enerflex, 2020 MC
  • Successfully represented the respondent in a claim for alleged discrimination under the Alberta Human Rights Act. Following an Alberta Human Rights Commission Tribunal hearing the complaint was struck as the Commission had no jurisdiction due to the complainant entering into a valid and enforceable release and settlement agreement with the respondent. Cabot v. Enerflex, 2019 AHRC 1
  • Successfully represented the defendant in obtaining a court order striking the damages portion of the plaintiff's claim on the grounds that such portions of the claim were statute barred by virtue of the Workers Compensation Act. LL v. CNRL, 2018 ABQB 879

  • Successfully represented the defendant on a summary judgment application, and significant portions of the plaintiff's claim were struck. Freeman v. CNRL, 2018 ABQB 301

Community involvement

Gina is immersed in volunteering activities and giving back to her community. This includes:

  • Member of the Board, Epilepsy Association of Calgary
  • Member of the Board, Epilepsy Association of Calgary
  • Equine Canada "R" judge hunter, equitation and hack
  • Alberta Equestrian Federation Provincial Official – Hunter Discipline

Professional involvement

Professional associations

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

Representative work

Graham Group’s acquisition of AECOM’s energy operations and maintenance business

Counsel to the Graham Group of Companies in the acquisition of the North American assets of AECOM’s Energy Operations and Maintenance Division. The acquisition positions the Graham Group as the third largest construction company in Canada and Western Canada’s largest industrial services company.

Whitecap Resources Inc's $300 million acquisition of Kicking Horse Oil & Gas Ltd.

Counsel to Whitecap Resources Inc. in its indirect acquisition of Kicking Horse Oil & Gas Ltd., a portfolio company of Quantum Energy Partners, for $300 million.

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.

​Whitecap Resources Inc.'s $560 million combination with TORC Oil & Gas Ltd.

Counsel to Whitecap Resources Inc. in its strategic business combination with TORC Oil & Gas Ltd. from Canada Pension Plan Investment Board and others for approximately $560 million.

Scoular Company's sale of its edible bean business for US $25 million

Canadian counsel to the Scoular Company, a large, privately-owned US agricultural commodities trading company, in the sale of its edible bean business, which included processing plants in St. Hilaire, Minnesota, U.S.; Plum Coulee and Morden, Manitoba; and receiving stations in Garske and Grafton, North Dakota, U.S., to Cooperative Elevator Co., for approximately US $25 million.

Bellatrix Exploration Ltd.'s divestiture of substantially all of its assets

Counsel to Bellatrix Exploration Ltd. in its divestiture of substantially all of its assets to Winslow Resources Inc., a wholly-owned subsidiary of Return Energy Inc. (renamed Spartan Delta Corp.), in the context of Bellatrix’s proceedings under the Companies’ Creditors Arrangement Act.

Gear Energy Ltd.'s $70 million acquisition

Counsel to Gear Energy Ltd. regarding a $70 million plan of arrangement acquisition of Steppe Resources Inc.

Enerflex Ltd.'s acquisition of Mesa Compression, LLC

Counsel to Enerflex Ltd., through the U.S. entity Enerflex Energy Systems Inc., in its US$106 million acquisition of U.S. based contract compression business, Mesa Compression, LLC.

Sale of Marathon Oil Canada Corporation to CNRL

Counsel to Marathon Oil Corporation in the US$2.5 billion sale of Marathon Oil Canada Corporation to Canadian Natural Resources Limited and Shell Canada Energy.

Spur Resources Ltd.'s $407 million acquisition

Counsel to Spur Resources Ltd. in the $407.5 million acquisition by Tamarack Valley Energy Ltd.

ARC Resources Ltd. disposition of light oil assets

Counsel to ARC Resources Ltd. in the $700 million strategic disposition of light oil assets in southeast Saskatchewan to Spartan Energy Corp.

FirstEnergy Capital Corp.'s acquisition by GMP Capital Inc.

Counsel to FirstEnergy Capital Corp. in its $99 million acquisition by GMP Capital Inc..

Murphy Oil Canada Ltd.'s disposition of natural gas assets in British Columbia

Counsel to Murphy Oil Canada Ltd., Canadian subsidiary of Murphy Oil Corporation, in the $538 million disposition of the Tupper Main and Tupper West gas plants and associated pipelines in northeastern British Columbia to Enbridge G and P Canada Limited Partnership, a subsidiary of Enbridge Inc.

The Scoular Company asset acquisition from Legumex Walker Inc.

Counsel to The Scoular Company in connection with the $94 million acquisition of the assets of the Special Crops Division of Legumex Walker Inc.

Encana Corporation's sale of assets to Ember Resources Inc.

Counsel to Encana Corporation (now Ovintiv Inc.) in the $605 million sale of Clearwater assets in Alberta, including approximately 1.2 million acres of land and over 6800 producing natural gas wells to Ember Resources.

Encana Corporation's $2 billion disposition of assets

Counsel to Encana Corporation (now Ovintiv Inc.) in the $2 billion disposition of its Bighorn assets in Alberta to Jupiter Resources Inc.

Sale of Pacer Construction Holdings Corporation

Counsel to Pacer Construction Holdings Corporation and its affiliated operating companies, a leading contractor in Western Canada, in connection with its US$213 million sale to MasTec, Inc.

Canadian Natural Resources Limited's $3.1 billion acquisition

Counsel to Canadian Natural Resources Limited in its $3.125 billion acquisition of Devon Energy Corp.'s Canadian conventional assets, excluding Horn River and the heavy oil properties.

Spartan Energy Corp. acquisition of Renegade Petroleum Ltd.

Counsel to Renegade Petroleum Ltd. in the $495 million acquisition by Spartan Energy Corp. pursuant to a plan of arrangement.

Progress Energy Canada Ltd.'s acquisition of energy assets

Counsel to Progress Energy Canada Ltd. in the $1.5 billion acquisition of part of Talisman Energy Ltd.'s Montney acreage in northeast British Columbia.

TriWest Capital Partners investment in HPC Energy Services Ltd.

Counsel to HPC Energy Services Ltd. in a Plan of Arrangement whereby TriWest Capital Partners acquired a majority interest in HPC Energy Services Ltd.

Advising CNRL in an employment dispute

Counsel to one of the defendants, and was successful in having the action struck pursuant to Rule 3.68 and Civil Practice Note 7. (Freeman v. University of Alberta, 2021 ABQB 612)

Successfully represented the defendant in employment litigation

Counsel to the defendant in obtaining a court order (for security for costs) resulting in the plaintiff's claim being dismissed. (Freeman v Canadian Natural Resources Limited, 2018 ABQB 310)

Successfully represented respondent in human rights complaint

Counsel to the respondent in a human rights complaint. The complaint was dismissed as it was filed outside of the limitation period in the Human Rights Act. (Cromie v.Tourmaline Oil Corp et al, 2021 AHRC 79)

Advising the defendant in a wrongful dismissal case

Successfully represented the defendant in a wrongful dismissal action and the plaintiff's claim was dismissed following trial. (Jegou v. CNRL, 2021 ABQB 401. The decision on costs awarded to CNRL is Jegou v. CNRL, 2021 ABQB 943).

Advising Enerflex Ltd. in a wrongful dismissal claim by an employee

Successfully represented the defendant in a wrongful dismissal and loss of benefits claims by the plaintiffs. The plaintiffs' claim was struck in its entirety on the grounds that there was no genuine issue for trial, portions of the claim were issue estopped from proceeding, and certain elements of a cause of action were not sufficiently plead. (Cabot v. Enerflex, 2020 MC).

Advising the respondent in an alleged discrimination case

Successfully represented the respondent in a claim for alleged discrimination under the Alberta Human Rights Act. Following an Alberta Human Rights Commission Tribunal hearing the complaint was struck as the Commission had no jurisdiction due to the complainant entering into a valid and enforceable release and settlement agreement with the respondent. (Cabot v. Enerflex, 2019 AHRC 1).

Advising Canadian Natural Resources Ltd. in an employment-related dispute

Successfully represented the defendant in obtaining a court order striking the damages portion of the plaintiff's claim on the grounds that such portions of the claim were statute barred by virtue of the Workers Compensation Act. (LL v. Canadian Natural Resources Ltd., 2018 ABQB 879)

Pacer Construction Holdings Corporation sale to MasTec, Inc.

Counsel to Pacer Construction Holdings Corporation and its affiliated operating companies, a leading contractor in Western Canada, in connection with its US$213 million sale to MasTec, Inc.

Awards

Recent honours and recognition

Named in Chambers Canada as a leading lawyer in employment and labour (Alberta) (2019-2023)

Leading lawyers in the area of Employment (Employee and Employer) by the Canadian Legal Lexpert Directory (2019-2022)

Recognized as a leading woman in law by Lawyer Monthly in the area of employment law (2020-2021)

Recommended employment and labour law lawyer Best Lawyers in Canada (annually since 2013)