Susan Fader copy

Susan Fader

Partner

403.260.0343
sfader@bdplaw.com
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Education:
Dalhousie University, Juris Doctor (Dean's List), 2012

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

Bar admission: Alberta 2013
Industries:
Agribusiness, food and beverage, Construction, Oil and gas, Power, Renewables and energy transition
Practice areas:
Class actions, Commercial arbitration, Construction litigation, Employment litigation, Energy litigation, Employment and labour, International commercial arbitration, Technology litigation, Litigation and dispute resolution, Mediation

Experience

Susan's focus is on:

Energy litigation

  • Experienced in litigating contractual, royalty, operator and other energy-related disputes

Construction litigation

  • Experienced in industrial, oil and gas, commercial and institutional construction disputes including representation of owners, contractors and subcontractors in claims arising during construction as well as those involving product liability, delay, cost overruns, faulty workmanship and builders liens

Commercial and general litigation

  • Experienced in contract and tort-based disputes including representation of clients in oppression actions, partnership and shareholder disputes and matters involving business valuations

Labour law

  • Representation of clients in the construction, retail, aviation and security sectors, including in unfair labour practice complaints, successor and common employer applications, grievance arbitrations and duty of fair representation complaints

Commercial arbitration

  • Experienced in acting for clients in both the domestic and international arbitration context involving various commercial issues

Community involvement

Susan is the Director and Chair of the Compliance Committee at the Pacekids Society for Children with Special Needs.

Professional involvement

Susan is a co-leader of BD&P's litigation group and a member of the firm's Library and Research Committee. 

Professional associations

  • Member, Law Society of Alberta
  • Member, Canadian Bar Association
  • Member, Calgary Bar Association
  • Executive Member, CBA Alberta South Construction Subsection

Representative work

$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.

Securing a Restricted Court Access Order

Counsel to an individual client who successfully obtained a Restricted Court Access Order, an Anton Piller Order, a Contempt Order, and a Vexatious Litigant Order against a Plaintiff. (R.O. v. D.F., 2016 ABCA 170)

Dispute over a pipeline failure

Counsel to upstream producer regarding claims of approximately $450 million arising from the failure of buried, high temperature pipe-in-pipe pipelines.

Gas transmission agreement dispute

Counsel to a corporation involved in a dispute about termination of a raw gas transmission agreement.

Successfully secured a stay of arbitration

Counsel to upstream producer that successfully obtained a stay of an arbitration for long delay.

Dispute over construction project delay

Counsel to a multinational company in a dispute concerning construction of a pipeline, including with respect to unpaid change requests and delays.

Advice to a producer on a contract dispute

Counsel to upstream producer relating to pricing of heavy crude in purchase and sale contracts.

$100 million arbitration dispute

Counsel to energy company in litigation regarding claims of approximately $100 million arising from the failure mechanically stabilized earth walls holding thickener tanks. Involved successful application to have a concurrent arbitration stayed.

Dispute regarding claims of unpaid work

Counsel to electrical and instrumentation contractor relating to productivity and unpaid work claims.

Arbitration advice to a construction company

Counsel to a multinational construction company in an arbitration concerning the proper design of and construction of two electrical transmission stations.

Awards

Recent honours and recognition

Recognized by Benchmark Litigation in their Canadian 40 and Under Hot List (2022)

Named in the Legal 500 Canada as a Next Generation Partner in Dispute Resolution: Alberta (2022)

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