Rob Martz copy

Robert Martz

FCIArb

Partner

403.260.0393
rmartz@bdplaw.com
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Education:
Law Clerk, Chambers of the Honourable Marshall Rothstein, Supreme Court of Canada, 2011-2012

Law Clerk, Saskatchewan Court of Appeal, 2010-2011

University of Saskatchewan, Juris Doctor, 2010 (Great Distinction)

The Ohio State University, Masters in Roman Republican History, 2005

University of Saskatchewan, High Honours in Ancient History and Classical Culture, 2001

Bar admission: Alberta 2012 and Saskatchewan 2011
Industries:
Aerospace, Agribusiness, food and beverage, Construction, Financial services, Government and not for profit, Oil and gas, Renewables and energy transition, Technology
Practice areas:
Class actions, Anti-corruption and bribery, Commercial arbitration, Construction litigation, Patents, Energy litigation, International commercial arbitration, Investor-state arbitration, Technology litigation, Intellectual property, Litigation and dispute resolution, Mediation, Securities litigation, Tax litigation

Experience

Rob Martz has over a decade of experience in commercial and corporate dispute resolution. His practice focuses on complex and high stakes appellate litigation, arbitrations, and trial work. This work encompasses a wide range of matters include disputes involving constitutional questions, corporate and commercial matters, energy and natural resources, and joint venture disputes.

In addition, Rob Martz has significant experience in dealing with international anti-corruption and bribery issues. This includes developing compliance plans and dealing with anti-corruption issues for companies around the globe under the Corruption of Foreign Public Officials Act, experience in assisting clients with CFPOA and FCPA due diligence during mergers, and working with companies and provided advice on operating in North Africa, South America, and the Middle East.

Arbitration experience

Rob is a Fellow of the Chartered Institute of Arbitrators and has extensive experience as counsel in domestic and international arbitrations. His representative work includes:

  • Successfully represented a multi-national corporation in an LCIA arbitration regarding a partnership.
  • Successfully represented a multi-national corporation in an ADRIC arbitration regarding a joint venture.
  • Successfully represented a multi-national energy company in a domestic arbitration regarding oil and gas leases.

Litigation experience

Rob has successfully litigated at all levels of Court in Canada. As a former clerk at the Supreme Court of Canada he has a particular interest and experience in appellate litigation of all kinds. His representative experience includes:

Supreme Court of Canada

  • Counsel for 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.
  • Counsel to the Explorers and Producers Association of Canada in Reference re Environmental Management Act, 2020 SCC 1, a case that considered the constitutionality of the inter-provincial transport of oil and gas and environmental regulations.
  • Counsel to the Alberta Small Brewers Association in R. v. Comeau, 2018 SCC 15, a case that considered the constitutionality of cross-border restrictions on the trade in beer.

Court of Appeal and trial experience 

  • Counsel to CAPP and EPAC in the Reference re. Bill C-69 in 2021;
  • Counsel to the Plaintiff in 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.
  • 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.
  • Counsel to a Calgary real estate corporation in the successful defence of allegations of land titles fraud and a demand for specific performance by the Strategic Group and Riaz Mamdani. Strategic Acquisition Corp. v. Multus Investment Corp., 2016 ABQB 681 and Strategic Acquisition Corp. v. Multus Investment Corp., 2017 ABCA 250.
  • Counsel to a plaintiff in an occupiers' liability trial, which found that the City of Calgary had breached the Occupiers' Liability Act by failing to have adequate security measures in place at a Light Rail Transit station and connected Plus 15 walkway on New Year's Eve. The failure to have adequate surveillance camera placement and quality, sufficient lighting, an effective video monitoring system, or sufficient peace officer patrols, contributed to an unsafe environment. This prevented Transit employees from observing or detecting a serious and prolonged series of assaults against the plaintiff, deploying peace officers or Calgary Police to intervene, or taking other steps to mitigate the harm. McAllister v. Calgary (City), 2018 ABQB 480.
  • Counsel to an Alberta corporation in a successful appeal reinstating an action that had been assigned to it by a Receiver, but struck by a Judge on the grounds of champerty and maintenance. 1773907 Alberta Ltd v. Davidson, 2015 ABCA 150.
  • Counsel to a government regulatory entity in successfully resisting an allegation of an unconstitutional search and seizure. Arnold v. GIC, [2015] A.W.L.D. 4446 and Arnold v. GIC, 2015 ABCA 55.

Languages

Rob is fluent in French.

Publications

May 11, 2022

Alberta Court of Appeal finds the federal Impact Assessment Act unconstitutional

March 26, 2021

Supreme Court of Canada upholds the Greenhouse Gas Pollution Pricing Act: the ruling and its consequences

December 10, 2020

Federalism in the patch: Canada's energy industry and constitutional division of powers

May 7, 2020

MDS v Factory Mutual case suggests courts might allow claims for COVID-19 business-interruption coverage under property insurance policies

March 16, 2020

Force majeure clauses might cover COVID-19 and partially excuse contractual duties

March 11, 2020

Supreme Court of Canada rules that Nevsun Resources might owe damages for alleged forced labour, opening the door to civil liability for breaches of international law

January 20, 2020

Supreme Court of Canada takes thirty minutes to unanimously reject British Columbia's proposed regulation of Alberta heavy oil through the Trans Mountain Pipeline

December 12, 2019

A view from Alberta on the Supreme Court’s Decision to allow a National Securities Regulator

September 10, 2019

Federal Court of Appeal grants leave in TMX appeal application: roadblock or roadmap?

October 19, 2018

Supreme Court of Canada finds no duty to consult with First Nations in the development of new legislation

September 26, 2018

Rule against overcompensation in Pierringer settlements should be applied generously in favour of plaintiffs

August 31, 2018

Federal Court Quashes Approval of Trans Mountain Pipeline Expansion

Awards

Recent honours and recognition

Litigation Star in Benchmark Litigation Canada (2021-2022)

Named as a Future Star by Benchmark Litigation Canada (2019-2020)

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.

Successful occupiers' liability trial against the City of Calgary

Counsel to a plaintiff in an occupiers' liability trial, which found that the City of Calgary had breached the Occupiers' Liability Act by failing to have adequate security measures in place at a Light Rail Transit station and connected Plus 15 walkway on New Year's Eve. The failure to have adequate surveillance camera placement and quality, sufficient lighting, an effective video monitoring system, or sufficient peace officer patrols, contributed to an unsafe environment. This prevented Transit employees from observing or detecting a serious and prolonged series of assaults against the plaintiff, deploying peace officers or Calgary Police to intervene, or taking other steps to mitigate the harm. (McAllister v. Calgary (City), 2018 ABQB 480). The decision was upheld by the Court of Appeal, subject to a clarification concerning the time within which the City ought reasonably to have detected and responded to the assault. (McAllister v. Calgary (City), 2019 ABCA 214). On January 9, 2020, the Supreme Court of Canada denied the City of Calgary leave to appeal the Alberta Court of Appeal's finding of liability in McAllister v. City of Calgary.

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.

Government of Alberta's TMX reconsideration before the National Energy Board

Co-counsel to the Government of Alberta in respect of the expedited Trans Mountain Expansion Project reconsideration hearing where the National Energy Board recommended that the Project proceed.

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).

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 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).

Successful defense of allegations of land titles fraud

Counsel to a Calgary real estate corporation in the successful defense of allegations of land titles fraud and a demand for specific performance by the Strategic Group and Riaz Mamdani. (Strategic Acquisition Corp. v. Multus Investment Corp., 2016 ABQB 681 and Strategic Acquisition Corp. v. Multus Investment Corp., 2017 ABCA 250).

Advising Deans Knight on a tax dispute

Counsel to Deans Knight Income Corporation in a case that involves whether the deduction of tax attributes can be properly denied by the CRA on the basis of the general anti-avoidance rule in the Income Tax Act (Canada). (Deans Knight Income Corporation v. Her Majesty the Queen)

Professional involvement

Professional associations

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

Presentations

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

  • Recent Decisions on the use of ROFRs, PJVA Meeting, Calgary, May 2018
  • ROFR Trends in Transactions, Disputes and Practice in Canada, AIPN Canada Chapter Seminar, Calgary, April 2018
  • Legal Strategies in Private Mergers and Acquisitions, Legal Education Society of Alberta Seminar, May 2015