Paul Chiswell 054

Paul G. Chiswell

Partner

403.260.0201
pchiswell@bdplaw.com
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Education:
University of Oxford, Bachelor of Civil Law (with Distinction), 2012

Law Clerk, Court of Appeal of Alberta, 2010

University of Alberta, Bachelor of Laws (with Distinction and Silver Medal in Law), 2010

University of Alberta, Bachelor of Commerce (with Distinction), 2007

Bar admission: 2011
Industries:
Agribusiness, food and beverage, Financial services, Government and not for profit, Oil and gas, Power
Practice areas:
Class actions, Commercial arbitration, Energy litigation, Shareholder rights and activism, Litigation and dispute resolution, Securities litigation, Tax litigation

Experience

Paul's practice focuses on complex, high-stakes corporate and commercial litigation. He has appeared before trial and appellate courts in Alberta and the Supreme Court of Canada, and other tribunals, including the Alberta Securities Commission and the Law Society of Alberta.

Paul's focus is on:

Corporate litigation

  • Broad experience representing shareholders, directors and officers in corporate disputes and oppression actions, including matters involving breaches of shareholder agreements, breaches of fiduciary duties, taking of corporate opportunities and share valuations

Securities litigation

  • Acts both for and against investment advisors and dealers, and defends companies and individuals in Canadian Securities Commission investigations and hearings

Energy litigation

  • Extensive experience litigating oil and gas and electrical industry disputes of all types

Class actions

  • Acts on behalf of plaintiffs and defendants in investor and product liability class actions.

 

Community involvement

Paul serves as the Director of the Calgary Marathon Society (Run Calgary) and Vertigo Theatre. Paul also volunteers at the Calgary Court Assistance Program (Queen's Bench Amicus).

He is also an executive member of the CBA Alberta South Civil Litigation Subsection; an instructor at the University of Calgary Faculty of Law Trial Advocacy Course; a director for the Alberta Law Foundation and former member of, University of Alberta Senate and Board of Governors.

Awards

Recent honours and recognition

Named in Best Lawyers in Canada as a recommended lawyer in corporate and commercial litigation (2022)

Recognized as a Future Star by Benchmark Litigation Canada (2021-2022)

Peter Carter Scholarship for postgraduate study in law at Wadham College, University of Oxford (2011)

Viscount Bennett Scholarship for postgraduate study in law awarded by the Law Society of Alberta (2011)

William Morrow Essay Prize (first prize) awarded by the Alberta Law Review (2010)

Lou Hyndman Award for community leadership awarded by the University of Alberta (2009-2010)

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.

Supreme Court on the constitutionality of the inter-provincial transport of oil and gas

Counsel to the Explorers and Producers Association of Canada in a case that considered the constitutionality of the inter-provincial transport of oil and gas and environmental regulations. (Reference re Environmental Management Act, 2020 SCC 1).

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.

$8 million summary judgment

Counsel to a confidential client in successfully obtaining summary judgment for $8 million.

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.)

Successful defense of an 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).

Represented the Alberta Small Brewers Association before the Supreme Court of Canada

Counsel to the Alberta Small Brewers Association in a case that considered constitutionality of cross-border restrictions on trade in beer (R. v. Comeau, 2018 SCC 15).

Dispute over an arbitration award

Counsel in successfully striking an appeal of an arbitration award. (ENMAX Energy Corporation v. TransAlta Generation Partnership, 2018 ABQB 142)

Successful summary dismissal for breach of non-solicitation 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.

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 clauses in an 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).

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.

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.

Multi-million dollar employment dispute

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.

$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).

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)

Professional involvement

 

Professional associations

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

Presentations

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

  • Pre-Litigation Considerations and Strategies, Legal Education Society of Alberta's Commercial Litigation Fundamentals program (February 2022)
  • Federalism in the Patch: Canada's Energy Industry and Constitutional Division of Powers, Canadian Energy Law Foundation Jasper Seminar (September 2020)
  • Practical Remedies in Shareholder Disputes, Legal Education Society of Alberta's Shareholder Disputes (October 2019)
  • Shaping the Facts from the Outset – Effective Pleadings, Legal Education Society of Alberta's Civil Advocacy Series: Getting at the Facts (April 2019)