Burnet Duckworth & Palmer

Alberta

Review

Dispute resolution

Calgary’s Burnet Duckworth & Palmer enjoys a historic reputation in the market while at the same time keeping an eye on the future, boasting an array of cutting edge work attended to by an increasingly younger group of litigators. Clients have turned out to the champion the firm’s cause, with one addressing its lawyers as “very practical, good at determining client's priorities, responsive, professional and very down-to-earth. [They are} A pleasure to work with even if it is the context of litigation!” Another specifies, “They have been instrumental in providing strategic advice and services as have built my business, which is multi-national. They have provided patent services, litigation, tax advice - most all items of need to build a major corporation and manage day-to-day activities for an IP-orientated company. I have worked on mineral/land disputes, construction disputes, aviation opinions and corporate acquisitions and they have done a great job in all areas.”
     Louise Novinger-Grant provided counsel to Manson Insulation Products and Knauf Insulation, a global manufacturer of fiberglass insulation products, in a complex and lengthy litigation where it was established over the course of a 54-day trial that the defendants abruptly breached their distribution agreement with the plaintiffs in a planned and deliberate scheme to wrongfully transfer their business to a new supplier. The defendant’s counterclaim was also dismissed. “Louise is getting a lot of traction lately,” observes a peer. “I’m glad to see this because she deserves more notice. Calgary is a bit of a ‘club’ and Louise operates outside of that while still benefiting from the BDP resource machine.” Jeffrey Sharpe represented CNOOC Petroleum North America, who leased a 37-floor commercial office tower in downtown Calgary and subsequently terminated the lease in May 2019 after having discovered asbestos in the fireproofing lining the air return system in late 2017. The client filed an action claiming $70 million damages, including relocation expenses to another office tower; the lessor counterclaimed against CNOOC and its parent, for $550 million for wrongful termination of the lease. In October 2019, CNOOC brought an application to conduct extensive testing of the asbestos, which was granted. Daniel McDonald is representing former directors of Lightstream Resources in an oppression dispute arising out of Lightstream’s 2016 CCAA proceeding, which followed a complex set of share transactions. Douglas McGillivray is counsel to Bellatrix in its successful summary dismissal application against O'Chiese Energy Limited Partnership. The application considered whether OED was entitled to a 15% working interest in oil and gas processing facilities located off of the O'Chiese First Nation reserve. O’Chiese Energy argued that it was entitled to a 15% working interest in the disputed pursuant to the terms of three joint venture agreements entered into between the parties.