Lawson Lundell

Global

Review

Canada

Dispute resolution

Lawson Lundell has for decades enjoyed a status as one of Western Canada’s most respected regional legal shops, and that status has only seemed to grow with each passing year. “They are going from strength to strength,” sums up a peer, elaborating, “They have a sweet spot in the market. They are expanding quickly but at the same time staying independent and focused on the Western Canadian economy. That allows them to build their client base, which features a lot of energy and resource players, but still be able to service them better than they would if they were a big international firm.” Several of these referred-to clients turn out in force to commend the firm; one notes, “The Lawson Lundell lawyers who represented us successfully avoided court, and ultimately we received the best outcome in favor of our case. The team was thorough and explained the process very well to what was a very complicated case. It also needs to be said that they were a great value.”  
     Already dominant in British Columbia, with a head office in Vancouver and another in Kelowna, Lawson Lundell has recently risen to the forefront in the Alberta market as well. Its Calgary office, for years primarily spearheaded by Tammy Coates, saw a major boost in profile in 2018 when it recruited nine partners from another Calgary institution. The Calgary team continues to impress its local peers. Grant Vogeli is one of Calgary’s most respected litigators and one of the only litigators at Lawson’s office there to not focus primarily on oil-and-gas disputes. “Grant is very good, and pretty much the entire legal community here shares that view,” insists one peer in summation. Vogeli’s stature was burnished further this year when he led a firm team to a significant victory for Remington Development in a commercial case in which CP Rail reversed course on a proposed sale of a parcel of land to Remington for a project involving unused rail property on the edge of Downtown Calgary, opting to sell it to the Province of Alberta at a higher price instead. After an eight-week trial, the Lawson team scored big for their client; although the project will now never advance, Remington was awarded over $160 million in damages. This matter has wowed the entire Calgary community. One peer quips in summation,Grant Vogeli has had a good year – I mean, that was a huge motherf*cking case, one that’s been festering for years.” Vogeli was joined on this matter by Mike Donaldson and Shannon Hayes, both of whom have their own individual fan bases as well. “Mike was classmate of mine,” testifies one peer. “He is very smart, very capable and very even-keeled.” Another confirms, “Mike has a great relationship with TransAlta and has a lockdown on that work.” This year is no exception; Donaldson leads a firm team representing this client in a matter concerning a dam the client built under contract with the government in the 1960s. The contract stated that there would be no exploration around the dam that would compromise its structure, something that has been put to the test as of late as several oil-and-gas companies moved in and decided they wanted to start fracking around it. Shannon Wray has been busy with a number of cases over the past year, in addition to her efforts in driving and fostering the team culture in Calgary. Wray acted with Coates on a milestone commercial matter for Shaw in which the Western Canadian telecommunication entity would, if the plan receives final approval from regulators, combine with the more national-based Rogers in an ambitious expansion. Wray also acted with future star Jonathan Selnes on behalf of Crescent Point Energy in a $10 million commercial dispute. “Jonathan is great,” extols a peer. “I’m seeing more of him lately, and for good reason. He’s got some chops.” Alexis Teasdale, who joined the firm from Bennett Jones, is another younger partner on the rise, managing a novel insolvency practice. “Watch out for her,” advises a peer. “She was a fourth junior at Bennett Jones but she hustled, she worked her ass off, and is now getting her own insolvency files. She’s one of the few people in this area doing this!”

     In Vancouver, Craig Ferris remains a central figure. “Craig is a trial lawyer through and through,” commends one peer. “He ticks a lot of boxes: tough but unflappable, crazy intelligent but understated about it. He knows how to use these skills to trick opponents through his calm demeanor and get them into boxes they have a hard time getting out of. It works.” Peers also warn against taking Ferris’s manner for granted. “Craig comes off as easygoing but trust me, he is highly strategic, highly tactical. You have to bring your A-game when you’re against him.” Ferris and Mark Fancourt-Smith represent BC Hydro in a construction issue valued at up to $30 million and relating to the building of the Big Bend substation in Burnaby. Fancourt-Smith, who manages a diverse practice that straddles commercial litigation, Aboriginal law, injunction work and intellectual property, is also making a name for himself with peers and clients. One client cheers Fancourt-Smith as “a great communicator and an intelligent problem-solver, with excellent availability and work ethic.” An unquestioned authority in the Aboriginal law capacity, Keith Bergner continues to be at the forefront of the most thorny and cutting-edge issues concerning Aboriginal title and rights to consultation. “Keith has real credibility,” states a peer. “Aboriginal groups and commercial entities alike trust in his insights.” Bergner acts for Grieg Seafood, which was one of several parties to commence a judicial review of a December 2020 decision by the Minister of Fisheries, Oceans and the Canadian Coast Guard regarding fish-farming facilities in the Discovery Islands. A number of preliminary motions were heard and decided by the Federal Court, including an injunction application, various applications by First Nations and environmental NGOs to be added as parties and/or intervenors, and an adjournment application. The consolidated judicial review on the merits was heard in October 2021 and, over the course of a five-day hearing, submissions were made by Grieg and the three other aquaculture companies, the Minister, and two interveners. In April 2022, the court granted the applications for judicial review, finding that the Applicants had met the burden to show that the Decision of the Minister was unreasonable. Marko Vesely, a perennial favorite among peers and clients, triumphed for the University of Victoria when he obtained a dismissal of a class action on its merits at a very early stage. The plaintiff sought recovery of parking fees for all students arising from closures during COVID. In an earlier decision, the court agreed to sequence our summary judgment application before certification. Lawson’s Vancouver office also hosts the firm’s most prominent labor and employment litigators, Robert Sider and Nicole Skuggedal.