- Commercial & General Litigation
- Commercial Tenancy Litigation
- Condominium and Real Estate Litigation
- Construction Litigation
- Energy Litigation
- Franchise Litigation
- Intellectual Property Litigation
- Securities Litigation
- Trial and Court Experience
- Litigated numerous trials, contested applications and appeals in the Alberta Court of Queen's and Court of Appeal, Ontario Superior Court of Justice and Court of Appeal, and Federal Court of Canada (Trial Division) and Court of Appeal
- Extensive experience in bringing and defending applications for emergency injunctive relief in numerous scenarios, including breach of restrictive covenants and non-competition agreements, commercial landlord-tenant, corporate and shareholder, franchisor/franchisee, intellectual property and other disputes
- Successfully applied for and defended applications for Mareva injunctions, attachment orders and Anton Piller orders
- Alternative Dispute Resolution (ADR) Experience
- Frequently represent clients in commercial arbitrations, mediations and settlement negotiations
- Intensive Trial Advocacy Course, Osgoode Hall, York University, 2005
- University of Manitoba, Bachelor of Laws, 1999
- University of Manitoba, Bachelor of Commerce, Honours, 1995
- Alberta 2007
- Ontario 2001
- Member, Law Society of Alberta
- Member, Canadian Bar Association
- Member, Advocates' Society
Honours & Recognition
- Named as a Litigation Star in Benchmark Canada, the Guide to Canada’s Leading Litigation Firms and Attorneys, 2021
- Named as a Future Star in Benchmark Canada, the Guide to Canada’s Leading Litigation Firms and Attorneys, 2019 & 2020
Recent Reported Cases
for a condominium purchaser in a successful application to rescind the purchase
agreement due to the developer's failure to provide or meet a fixed or
ascertainable occupancy date. The Court
ordered the return of the purchaser's deposits, and held the director of the
development corporation personally liable for breaching the trust provisions of
the Condominium Property Act. Avli BCR Developments Inc. v. Ulsifer, 2022 ABQB
for a pharmacy group in the successful defence of an injunction application
seeking to prevent them from competing by soliciting the clients of their
former employer. The Court held that the employer had failed to make out a
strong case for breach of fiduciary duty or breach of confidence. GG & HH Inc. v 2306084 Alberta Ltd., 2022
- Counsel for a
homeowner who was sued by the City of Calgary, which claimed ownership of a
portion of her front yard under a decades-old road plan that had inadvertently
not been registered at Land Titles. The
Court held that the road plan could not defeat or supersede the innocent
homeowner's indefeasible title to her property.
Calgary (City) v. Teulon, 2021 ABQB 388. The Court also awarded the
homeowner full indemnity for her legal costs.
Calgary (City) v. Teulon, 2021 ABQB 501
- Counsel to a real estate developer in a successful application to discharge a caveat and Certificate of Lis Pendens from title to its lands, which were holding up a construction project.1704455 Alberta Ltd v. Sage Property Development Inc., 2020 ABQB 776
- 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.
- Counsel to a junior oil and gas exploration company in the successful summary dismissal of an action based on an alleged breach of a confidentiality agreement, upheld by the Court of Appeal. Beaumont Resources Ltd. v Cardinal Energy Ltd., 2017 ABCA 416.
- Counsel to an oil and gas company in a successful appeal overturning a summary judgment order initially granted on the basis of exclusion clauses in the CAPP-CAODC Master Daywork Contract. Yangarra Resources Ltd. v Precision Drilling Canada Limited Partnership, 2017 ABCA 378
- Counsel to a major energy producer in the summary and consent dismissal of over $125 million in contractual damage claims under a seismic data license agreement. Geophysical Service Incorporated v. Suncor Energy Inc., 2017 ABQB 465
- Counsel to Wendy's Restaurants of Canada Inc. in a successful summary judgment application and dismissal of a claim pertaining to the termination of a franchise license. Seto v. Wendy's Restaurants of Canada Inc., 2016 ABQB 493.
- Counsel to a condominium corporation in the successful defence of summary judgment applications in a $60 million action related to allegations of severe building deficiencies, all of which were upheld by the Court of Appeal. Condominium Corp. No. 0321365 v. Cuthbert 2016 ABCA 46; Condominium Corp. No. 0321365 v. 970365 Alberta Ltd. 2012 ABCA 26; Condominium Corp. No. 0321365 v. Marshall 2009 ABCA 292.
- Lead counsel for a large group of defendant oil & gas companies in obtaining a substantial security for costs award against a seismic company. Geophysical Service Incorporated v. Encana Corporation, 2015 ABQB 196, var'd 2016 ABQB 49.
- 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 an Alberta corporation in a conflict of laws matter involving issues of international jurisdiction and forum non conveniens. RBZ Capital Corp. v. Petrol Alchemy LLC, 2014 ABQB 102.
- Counsel to an oil and gas company in a dispute with a drilling company over the interpretation of a CAPP-CAODC Master Daywork Contract. Successful application on interpretation of amendments to the Rules of Court resulting in a major change to a long-standing practice in Alberta on examination of witnesses. Precision Drilling Canada Limited v. Yangarra Resources Ltd. 2013 ABQB 492.
- Counsel to a developer in a successful appeal of a Judge's decision declaring a purchase agreement null and void where the developer had failed to register a Condominium Plan by a specified date. Swan Group Inc. v. Bishop 2013 ABCA 29.
- Counsel to a franchisee in a successful injunction application and trial relating to the wrongful termination of franchise agreements which resulted in the reinstatement of the agreements, a ten year renewal of the expired agreement and a finding that the franchisor had acted in bad faith. 760437 Alberta Ltd. v. Fabutan Corp. 2012 ABQB 266.
- Counsel to a real estate developer in actions against a group of U.K. purchasers who had defaulted under agreements to buy condominium units. Qualex-Landmark Investments Inc. v. Soroya 2011 ABQB 354. The matter went to trial and included a successful interim attachment order preventing the defendants from transferring or disposing of their Alberta assets prior to trial. Qualex-Landmark Investments Inc. v. Soroya 2009 ABQB 689.