BRITISH COLUMBIA
Lawson Lundell’s BC operations span offices in Vancouver and two locations in Kelowna. The Vancouver office houses one of the city’s largest and most comprehensive litigation benches, composed of lawyers attending to a diverse array of practices encompassing several specialties – particularly, aboriginal law, energy and resource law, and labor and employment – in which the firm has long held dominant positions. “Lawson still is and always has been a significant player in this market,” asserts a peer, who goes on to note, “With all of the changes and movement happening in Vancouver at the moment, Lawson just seems to be one firm that doesn’t get affected. They tend to keep everyone happy and busy. And they are growing! They are beefing up their commercial litigation group, whereas a lot of other firms around here are not.” Another insists, “Lawson is very strong, and they appear to be making smart moves in the market. They brought in Scott Boucher, who does insolvency.” Boucher, a future star in this edition, is also known for commercial and trust and estates work.
Keith Bergner elicits unwavering peer support as an authority in the aboriginal law community. “He’s really good in this space,” insists a peer. “He knows how to treat people, and he knows the law.” Among several appointments, Bergner was retained as lead counsel by the Government of British Columbia to defend an aboriginal title claim brought by the Cowichan Nation regarding private lands held in fee simple title, arising from various Crown grants issued over 100 years ago, land which is currently home to residential and commercial developments. “I’m against Keith right now,” testifies a Toronto-based peer, “and he is a gentleman. He’s from Manitoba, I’m from Saskatchewan. So, there’s common ground there – we’re Prairie boys! That’s not to say we’re giving each other any quarter – it’s a huge fucking dust-up.” Another frequent opponent confirms this: “Keith is a very upstanding guy. We’re often against each other but we’re collegial and go for a drink when we reach a resolution.”
Will Roberts and Laura Bevan acted for the BC Securities Commission regarding an alleged “pump-and-dump” market-manipulation scheme, for which the masterminds were ordered to pay disgorgement orders and administrative penalties totaling $19 million to the Commission, before which they declared bankruptcy. The Lawson pair successfully applied for an order that the Commission’s orders against the masterminds survive their eventual discharge from bankruptcy. An appeal at the Supreme Court of Canada was heard in December 2023, and a decision was issued in July 2024. The SCC held that the Commission’s disgorgement orders survived discharge from bankruptcy. Bevan also acts with all-purpose trial luminary
Craig Ferris for the Law Society of British Columbia, which challenges the constitutionality of the new Legal Professions Act in BC, which when brought into force will eliminate the Law Society and replace it with a new single legal regulator. The Law Society claims that the features of the new Act undermine the independence of the bar, which should be recognized as an unwritten constitutional principle in Canada and therefore undermines all constitutional rights. Ferris also works with
Marko Vesely act on behalf of Canada on a national class action proceeding brought on behalf of Métis and non-status Indians. The plaintiff class claims that Canada breached its duty of care and fiduciary duty to protect them from losing their aboriginal identity when they were apprehended and put into care with non-aboriginal adoptive parents during the period of 1951-1991. “I’ve worked with and against Marko, and it’s been a pleasure either way,” commends a peer.
ALBERTA
Lawson Lundell’s Calgary location is newer and smaller than it’s Vancouver flagship, although not by much, and has earned the reverence of peers and clients alike. “They provided advice regarding a longstanding conflict among joint-venture participants, including representation in an arbitration process and advice regarding settlement negotiations, which are currently ongoing,” confirms one client. “They support a dual track approach, supporting the litigation track planning and the negotiation track planning in a collaborative fashion. I am very happy with their service and their people.” The team in this office was recently amplified by a group that decamped from a provincial firm and have acted with aplomb on establishing Lawson as a meaningful market presence on the strength of some key institutional relationships. “That group quickly entrenched itself in this city and came into their own,” observes a peer. Chief among these is Mike Donaldson, who “has really done well with managing that important TransAlta work.” Among several other mandates,
Donaldson acts for this client on an action concerning an agreement with the Province of Alberta, dating to the 1960s, for the development of a hydroelectric dam, pursuant to which the Province promised to not grant mineral rights in or adjacent to the dam lands except on such terms that will not restrict or in any way interfere with the dam’s operation or safety.
The litigation, valued at roughly $350 million, was brought by TransAlta against the Province in 2022 after the Province failed to prevent third-party producers from pursuing hydraulic fracking activity as part of their mineral exploration, in violation of the agreement. The matter was moved to mediation. Shannon Hayes also worked with Donaldson on this matter, and this pair also worked with
Grant Vogeli in acting for Remington Development in the appellate stage of its continued litigation with Canadian Pacific Railway, who, it was determined via the ruling of a trial, had breached its contract to sell a parcel of downtown development land to Remington and sold the land to the Province of Alberta instead. The court awarded Remington $163 million, a decision that Canadian Pacific appealed. The argument was heard in September 2024. Vogeli is noted by peers to be “one of the only partners at Lawson and, and also in all of Calgary, do be doing work not related to oil and gas.”
Shannon Wray and Shailaz Dhalla act for TransAlta in another matter concerning the client’s entitlement to its proportionate decommissioning costs on two properties pursuant to the Power Purchase Arrangements Regulation. The client seeks to recover $75 million by way of a final order from the Alberta Utilities Commission for forecasted decommissioning costs. Wray is championed by one client as “an absolute pleasure to work with and well informed about the business and the law.” Another asserts, “Shannon provides excellent advice, knowledgeable and timely responses, and advice that takes business considerations into account.” Marika Strobl is also a favorite among clients. One testifies, “She cares, and she engages fully with us in what is a very messy situation.” Two younger stars, Alexis Teasdale and Jonathan Selnes, are also developing a strong local following. One contemporary quips, “If you’ll pardon my language, Alexis and Jon work their asses off and are so good. They must be recognized more!” Teasdale is noted for a burgeoning insolvency niche, and Selnes’ practice encompasses commercial, construction, estates, insurance and class actions.
ALBERTA
Lawson Lundell’s Calgary location is newer and smaller than it’s Vancouver flagship, although not by much. The team in this office was recently amplified by a group that decamped from a provincial firm and have acted with aplomb on establishing Lawson as a meaningful market presence on the strength of some key institutional relationships. “That group quickly entrenched itself in this city and came into their own,” observes a peer. Chief among these is
Mike Donaldson, who “has really done well with managing that important TransAlta work.” Among several other mandates, Donaldson represents this client in an administrative law case concerning an agreement with the Province of Alberta in 2016 in which it agreed to shut down its coal plants before their end of life in exchange for $40 million in transition payments. The Province then passed a property tax regulation that prohibits anyone who is a party to such an agreement from claiming certain types of depreciation deductions. TransAlta challenged the regulation as discriminatory and unlawful.
Shannon Wray and Shailaz Dhalla act for TransAlta in another matter concerning the client’s entitlement to its proportionate decommissioning costs on two properties pursuant to the Power Purchase Arrangements Regulation. The client seeks to recover $75million by way of a final order from the Alberta Utilities Commission for forecasted decommissioning costs. Wray is championed by one client as “an absolute pleasure to work with and well informed about the business and the law.” Another asserts, “Shannon provides excellent advice, knowledgeable and timely responses, and advice that takes business considerations into account.”
Shannon Hayes is also a client favorite. “She is extremely knowledgeable about litigation processes in Alberta and always provides practical advice and risk assessments. She always keeps us informed of progress and provides options for steps to take in litigation.” Two younger stars, Alexis Teasdale and
Jonathan Selnes, are also developing a strong local following. One contemporary quips, “If you’ll pardon my language, Alexis and Jon work their asses off and are so good. They
must be recognized more!”
