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Jeffrey E. Sharpe

Partner

403.260.0176
jes@bdplaw.com
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Education:
Harvard Law School, Program on Negotiation, Negotiation and Leadership, 2016

University of British Columbia, Bachelor of Laws, 1994

Bar admission: Alberta 1995
Industries:
Construction, Oil and gas
Practice areas:
Class actions, Commercial arbitration, Construction litigation, Energy litigation, International commercial arbitration, Mediation, Litigation and dispute resolution, Securities litigation

Experience

Jeff's focus is on:

  • Construction disputes
  • Advising and litigating insurance issues relating to construction matters
  • Energy litigation
  • Securities litigation
  • Defense of class action shareholders' claims and securities fraud, and claims against investment dealers and related claims
  • Commercial arbitration and mediation

He also has broad experience as counsel in commercial and construction arbitrations and mediations, as well as court and board experience.

Jeffrey has been lead counsel before all levels of courts in Alberta, the Federal Court of Canada (Trial Division), the Supreme Court of Canada, and other tribunals including the Alberta Securities Commission and the Workers' Compensation Board.

Recent cases

Lead 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

Lead counsel in the successful defence to Wood Group's Supreme Court of Canada application for leave to appeal from the Court of Appeal judgment re: 2018 ABCA 305. Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.) (2019)

Lead counsel in connection with three successful appeals and one cross appeal before Court of Appeal. Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305
Canadian Natural Resources Limited v. Flatiron Constructors Canada Limited, 2018

Lead counsel in the successful application to have a $96 million arbitration stayed. ABQB 613

Lead 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

Lead counsel in the 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. PointNorth Capital Inc., 2017 ABASC 121

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

Lead counsel to Canadian Natural Resources Limited, the owner of a pipeline and related gathering and processing facilities in a $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

Lead 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 (2015)
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 (2015)

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 (2015)

Professional involvement

  • Member, Executive Committee, BD&P
  • Member, Conflicts Committee, BD&P
  • Member, Compensation Committee, BD&P
  • Member, Partnership Transition Committee, BD&P
  • Former Editor, Alberta Environmental Law Digest

Professional associations

  • Fellow, American College of Trial Lawyers
  • Fellow, Canadian College of Construction Lawyers
  • Fellow, Litigation Counsel of America
  • Past President and Current Member, Calgary Bar Association
  • Member, Law Society of Alberta
  • Member, Canadian Bar Association

Presentations

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

  • Legal Education Society of Alberta, October and November 2018
  • The Advocates' Society Civil Litigation Skills Certificate Program, May 2017
  • Canadian Bar Association, April 2017
  • Alberta South, February 2017
  • BD&P Client Seminar, February 2014
  • Past instructor, Alberta Bar admission courses in civil litigation and chambers advocacy

Representative work

Brookfield Infrastructure Partners L.P's $6.8 billion acquisition of Inter Pipeline Ltd.

Counsel to Inter Pipeline Ltd. in its acquisition by Brookfield Infrastructure Partners L.P pursuant to a statutory plan of arrangement for $6.8 billion.

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)

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).

$2.8 billion acquisition of Raging River Exploration Inc.

Counsel to Raging River Exploration Inc., a Canadian oil producer, in the $2.8 billion strategic acquisition.

NewAlta Corporation's $1 billion merger with Tervita Corporation

Counsel to NewAlta in the $1 billion merger with Tervita Corporation, a Canadian environmental solutions provider, in a stock swap transaction.

Successful defense of an ASC application from a dissident shareholder

Counsel in the successful defense 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. (PointNorth Capital Inc., 2017 ABASC 121).

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 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).

Canyon Services Group Inc.'s acquisition by Trican Well Service Ltd.

Counsel to Canyon Services Group in the $637 million acquisition by Trican.

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.

Liquor Stores N.A. Ltd.'s proxy contest defense

Counsel to Liquor Stores in the defense of a proxy contest initiated by a dissident institutional shareholder to gain control of Liquor Stores' board of directors. BD&P’s work included the successful defense of Liquor Stores' soliciting dealer fee arrangement before a hearing of the Alberta Securities Commission.

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).

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).

Perpetual Energy Inc.'s restructuring and settlement of convertible debentures

Counsel to Perpetual Energy Inc. regarding recapitalization transactions, including a $25 million backstopped rights offering, settlement of 7.00% convertible debentures and a contested Alberta Securities Commission hearing. (Re Perpetual Energy Inc., 2015 ABASC 2)

$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)

$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.

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.

Successful defense of insider trading allegations

Counsel to the senior management team of a mining company in the successful defense of insider trading allegations before Alberta Securities Commission. (Stan, Re, 2013 ABASC 148).

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.

Awards

Recent honours and recognition

Leading lawyer in Litigation: General Commercial Alberta by Chambers Canada (2016-2023)

Leading lawyer in Dispute Resolution by Legal 500 Canada (2020-2022)

Named as a Litigation Star in Benchmark Canada, the Guide to Canada’s Leading Litigation Firms and Attorneys in Construction, Energy, and Securities (2015-2022)

Leading lawyer in Construction Law and Securities Litigation (2018-2020) and Corporate Commercial Litigation (2018-2021) by the Canadian Legal Lexpert Directory

Leading lawyer in Energy by Lexpert's Special Edition on Energy (2018 and 2020)

Canada's Leading Litigation Lawyers by Lexpert's Special Edition on Litigation (2019-2020)

Named in Lexpert's Special Edition on Canada's Leading Infrastructure Lawyers (2020)

Recommended lawyer in Corporate and Commercial Litigation, Construction Law and Director and Officer Liability Practice by Best Lawyers in Canada (annually since 2013)

News

September 29, 2022

Chambers Canada recognizes fourteen BD&P lawyers for legal expertise in 2023 edition

August 25, 2022

Thirty-five BD&P lawyers recognized in Best Lawyers in Canada, 2023 edition

April 28, 2021

Fifteen BD&P litigation lawyers ranked in Benchmark Canada 2021

April 23, 2021

Twenty BD&P lawyers recognized in the Canadian Legal Lexpert Directory 2021

October 27, 2020

Lexpert ranks a record number of BD&P partners and counsel among Canada's leading energy lawyers

September 9, 2020

Sixteen BD&P lawyers recognized in the 2021 edition of Chambers Canada

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

December 17, 2019

Six BD&P lawyers named in the 2020 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada

December 5, 2019

BD&P lawyers recognized for their expertise in the Legal 500 Canada 2020

August 21, 2019

31 BD&P lawyers included in 2020 edition of Best Lawyers in Canada

May 3, 2019

Twenty-one lawyers ranked across seventeen practice areas in 2019 Canadian Legal Lexpert Directory

March 26, 2019

Ten litigation partners ranked in the 2019 edition of Benchmark Canada

October 2, 2018

Jeffrey Sharpe admitted to the American College of Trial Lawyers

September 21, 2018

BD&P lawyers recognized as leading practitioners in 2019 edition of Chambers Canada

August 21, 2018

Best Lawyers in Canada 2019 recognizes BD&P lawyers