The dispute resolution lawyers at Burnet, Duckworth & Palmer LLP (BD&P) are recognized as experts in their field and represents clients in complex commercial litigation matters across a range of industry sectors.
BD&P has an extraordinary depth of local industry knowledge and technical expertise, which, hand in hand with talented and experienced litigators, makes it one of the most recognized firms for handling of complex commercial disputes in Western Canada. BD&P has deliberately remained an independent Calgary firm and is uniquely positioned in the market, being the only independent firm of their size and experience focussed on client needs in Alberta.
BD&P works closely with clients not only in relation to current disputes, but also to assist them with litigation preparedness, in order to avoid litigation where possible to minimise potential liability or exposure.
Key areas of service include:
Commercial Litigation: their litigators have a wealth of experience handling complex commercial litigation in a wide range of business disputes. The team regularly appears before all levels of Alberta’s Courts, the courts of other provincial jurisdictions, the Federal Court and the Supreme Court of Canada. Mindful of the cost and time involved in litigation, they seek to find efficient and negotiated solutions to their clients’ disputes.
Arbitration and Alternative Dispute Resolution: the lawyers are seasoned in alternative dispute resolution practices, regularly appearing as counsel in international and domestic arbitrations and judicial dispute resolutions. When their clients’ require dispute resolution outside of the traditional court process, BD&P lawyers draw upon their experience to assist them in determining the best course of action to resolve their issues.
Energy Litigation: BD&P has extensive experience in all oil and gas related matters giving rise to litigation. The dispute resolution team complements and is complemented by the strength of the firm’s energy law practice, enabling the litigators to work closely with colleagues to provide all the resources that are key to resolving clients’ oil and gas disputes.
Securities Litigation: the team provides advice and representation in all areas of securities and corporate litigation before the provincial securities commissions, the major Canadian stock exchanges and the Courts. They are experienced in representing public and private companies, minor and major shareholders, boards of directors, investment dealers, brokers and senior management, providing them with strategic advice on securities law and other related matters.
Construction Litigation: BD&P assists clients in all aspects of industrial, commercial and institutional construction project disputes, which often involve complex, multifaceted issues with multiple parties. The team is skilled in effectively and efficiently advising on disputes of varying size and complexity, whilst maintaining a focused, results-oriented approach.
IP and Technology Litigation: the litigators protect and assert their clients’ best interests when disputes arise from the misuse or misappropriation of their intellectual property. Whether through litigation, arbitration or mediation of these disputes, they provide an innovative service to meet their clients’ objectives.
Tax Litigation: the tax litigators cover all stages of the tax litigation process, including negotiations with appropriate authorities, the provision of opinions, dealing with compliance issues, and appearances before the Tax Court of Canada, the Federal Court and the Federal Court of Appeal. They also appear in the Court of Queen’s Bench on provincial income tax matters, for rectification orders and other declaratory judgements.
Class Actions: BD&P has considerable experience in all aspects of Canadian and U.S. class actions, representing clients in a broad range of commercial class actions. The lawyers have the ability to navigate the procedural complexities unique to class action litigation, and guide clients expertly through the process, from early negotiated settlement to trial.
Estate Litigation: the estate litigation team focuses on the resolution of contentious matters relating to wills, trusts and the administration of complex estates, handling matters in a way that is mindful of the impact that litigation can have on family relationships. The lawyers understand the challenges unique to estate litigation, and strive to assist beneficiaries and trustees in avoiding and resolving claims through effective guidance and advice.
Updated March 2021
Bennett Jones is consistently recognized for its expertise in domestic and cross-border litigation. The firm is known for its uncompromising strength in the areas of competition and antitrust, securities, class actions, energy, commercial, intellectual property, fraud, construction, restructuring/insolvency, employment, health, and professional negligence litigation and has prominent practitioners in alternate dispute resolution, including international commercial arbitration. We are committed to working with our clients to develop an effective and cost-efficient strategy to identify and achieve their unique goals in the prosecution and defense of business disputes.
With more than 100 lawyers practicing commercial litigation nationally, Bennett Jones litigators have significant experience in all aspects of dispute resolution, and have leading reputations before courts and tribunals. We represent some of Canada's largest corporations, including energy producers, and technology and telecommunications companies, and are skilled in conducting commercial arbitrations, including those involving issues in the oil and gas, mining and construction industries. Our litigation practice is supported by the considerable strength of our appellate advocacy and judicial review practice which provides clients and referring counsel with specialized and strategic advice on all aspects of cases on appeal or under judicial review.
We are frequently retained by major domestic and international corporations in the defense of class actions. Representing parties at every stage of the lawsuit, from pre-certification motions and applications through to trial, we bring to each phase coordinated strategies and effective communications to streamline the litigation process. We also advise clients on mitigating their class action risk and proactively monitor trends in prospective class action developments.
Recognizing that many disputes are settled prior to trial, our commercial and technical expertise provides another valuable set of skills to the negotiation and settlement of litigation. Our team approach ensures that we provide the most timely, effective and innovative support to our clients. Our lawyers' reputations, contributions to Canadian case law, and distinguished history of service have resulted in top rankings in all major legal directories for many of our litigators, in a multitude of litigation practice areas.
Bennett Jones reflects the integrity and professional excellence of the firm’s Founding Partners. Over the years, the firm has produced some of Canada’s most accomplished legal and business leaders, fostering values that established it as one of Canada’s most successful business law firms. The firm prides itself on offering clients innovative, strategic and forward-thinking approaches to legal and regulatory challenges and opportunities. Mutual respect and independent thought are cornerstones of client and colleague interactions. Bennett Jones is proud to have been recognized for 19 consecutive years as one of Canada’s Best Employers.
Last updated March 2021
Jensen Shawa Solomon Duguid Hawkes LLP (known as “JSS Barristers”) is a distinguished litigation firm known for providing high-quality trial representation and advocacy across multiple industries and practice areas, including general corporate & commercial litigation matters, construction claims, oil & gas disputes, data & privacy protection, arbitration & mediations, and class-action suits on both the plaintiff and defendant sides.
JSS Barristers is consistently recognized by peers and clients alike for our bench strength and experience in handling complex litigation matters. Of particular note is the wide variety of files that are handled by our lawyers. From class actions arising out of privacy and data breaches to restructuring and insolvency litigation, our lawyers can draw upon a broad experience base to find the best solution for our clients in all industries.
Our lawyers have appeared at all levels of court in Alberta and Canada, as well as before various regulatory bodies such as the Alberta Securities Commission and the Law Society of Alberta.
In addition to litigation, the firm also boasts extensive experience in alternative dispute resolution. Multiple partners within the firm are admitted fellows to the UK-based Chartered Institute of Arbitrators and are consistently called upon to adjudicate as sole arbitrator, panel member and panel chair.
The office of JSS Barrister is home to a state-of-the-art arbitration room, complete with video recording capabilities and private breakout rooms, providing the necessary amenities and services to accommodate the needs of all parties involved. JSS Barristers takes great pride in the reputation that we have earned in the legal community in the form of work referrals. Our referrals come from a variety of sources: former clients have been valuable advocates for us when they know someone in need, as well as conflicted-out lawyers who entrust us with the well-being of their clients.
Smart & Biggar is widely recognized as Canada's leading firm for intellectual property law. With offices across Canada, and over 100 lawyers, patent agents and trademark agents, we are the largest firm focused purely on IP and related specialty areas.
We specialize in asserting and defending our clients' IP assets to maximize their return on investments and preserve competitive advantage. Intellectual property rights - from patents, industrial designs and trademarks, to trade secrets, confidential information and copyrights - are critical business assets that need to be aggressively protected and enforced.
In high-stakes litigation, we know what it takes to win and we routinely handle Canada's most commercially important and technically complex intellectual property cases. Our lawyers possess a rare combination of successful trial and appellate experience combined with a deeply sophisticated understanding of technical subject matter and analytical expertise - resulting in victories at all levels. From start-up companies in emerging growth sectors to multinational corporations across a broad range of industries, we draw on our vast technical and legal experience to provide creative, effective and costefficient enforcement and litigation strategies tailored to each client's unique situation and needs.
Smart & Biggar has received Benchmark's Award as Canadian IP Litigation Firm of the Year for five consecutive year. Our Practice Group has vast experience and success in all areas of IP litigation, including:
Patent Litigation & Enforcement
We know what it takes for our clients to win in high stakes IP litigation.
Some of our representative recent victories include:
Largest reported damages award in Canadian history for patent infringement at $645 million
The Dow Chemical Company et al v Nova Chemicals Corporation
Success in the Supreme Court of Canada - Abolishing the "Promise Doctrine" for patents
AstraZeneca Canada Inc v Apotex Inc.
Trial victory to protect Captain Morgan "trade dress" to block competitors and protect brand value
Diageo Canada Inc v Heaven Hill Distilleries Inc.
Precedent-setting decision on copyright infringement netting damages of $12 million
Nintendo of America Inc v King
Unprecedented site-blocking order requiring Internet Service Providers to impede access to piracy services
Bell Media Inc. et al v Goldtv.biz et al.
For over 100 years, we have remained devoted to protecting our clients' intellectual property and technology assets. Whether we are advising an innovative company on patent strategy or infringement issues, providing counsel on brand protection and enforcement, or handling the IP aspects of a corporate transaction, we provide clients with solutions to protect, enforce and leverage their IP.
Last updated March 2020