Alberta

The Calgary office of Bennett Jones is its historical headquarters and, while its operations across Canada have blossomed (and includes another, smaller, office in Edmonton), the firm remains a consistent key legacy player in this particular city. “Bennett Jones used to have all the ‘A clients’ in the Calgary market and, while other firms have since moved in and clients have spread out more, Bennett Jones still hangs on to some exclusive relationships. They are a steady and meaningful presence in the market, still attract premium work and have great people. Even with the recent retirement of [former litigation stars] Ken [Lenz] and Chris [Simard] going to the bench, it’s still such a deep team. Munaf Mohamed in particular attracts great clients.” Mohamed, a routinely acknowledged “trial warrior” who “doesn’t suffer fools,” led a multi-office team in representing a group of Saudi companies in advancing one of the largest fraud claims in Canada against a high-ranking former Minister of Cabinet in the former Saudi government who is alleged, along with a number of close family and friends, of embezzling a massive amount of money and moving it into various offshore havens and who, once stripped of his titles and position, fled to Canada. A worldwide freezing order has been obtained against the Minister, together with various other extraordinary orders. Another frequently championed trial lawyer, Blair Yorke-Slader, acts as lead trial counsel for the owners of a building in downtown Calgary in which the tenant leased virtually all of the building under a lease that ran until 2031. After a workforce reduction the tenant sought to reduce its lease burden by claiming breach of lease because of the alleged presence of trace amounts of asbestos in the fireproofing, after which the tenant fled the building, terminated the lease, and sued for $70 million. Yorke-Slader’s client has countersued both the tenant and its Chinese parent company and guarantor for $500 million. Bruce Mellett represented the Province of Alberta in its Reference case on the constitutional validity of the federal Impact Assessment Act also known as Bill C-69.  Alberta's position was that the legislation was beyond Parliament's jurisdiction, as it purported to regulate projects and activities within areas of provincial jurisdiction and could make the ultimate decision over whether such activities would be approved as in the public interest. Alberta was successful before the Alberta Court of Appeal, after which Canada appealed to the Supreme Court of Canada, which dismissed the appeal in October 2023. “Bruce doesn’t get as much press and he doesn’t seek it, but he deserves it,” insists a peer. “You want dogged and rigorous work without the bluster? You go to him.” The firm’s younger members are also gaining traction. Ciara Mackey is one singled out by peers. “She’s in the opinions practice, and if I could have her work on every one of my files, I would. She writes how you think. She is the brains – you know you’re in good hands with her.”

Borden Ladner’s Calgary office is yet another example of the firm’s muscle in the construction practice, unsurprisingly largely dedicated to the oil-and-gas industry that has long defined the city’s economy. Trish Morrison is the torch bearer in this area in light of the recent retirement of construction luminary Jeff Vallis. “They are doing a lot of renewable energy cases,” observes a peer. “Contractors are claiming for extras, and owners are fighting back with millions of dollars of liquidated values.” One example is the firm’s case for LNG concerning a pipeline pumping gas to British Columbia, in which the client has a vested interest in the costs of the project, which went from $5 billion to $14 billion. Andrew Pozzobon makes his debut as a future star in this edition. “He’s someone you should keep your eye on,” advises a peer. “He is working [with fellow Calgary partner Karen Salmon] on a case for Shoal Point Energy on a $550 million claim where the government of Newfoundland allegedly expropriated the client’s rights.”

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. “Burnet Duckworth has been crazy busy this year because they have seven people up against seven people from [a major regional firm] in a major landlord-tenant case concerning a building in Downtown Calgary.” Clients have turned out to the champion the firm’s cause; one testifies, “I use other firms but I prefer Burnet Duckworth, as they allowed me to be more involved with the process and they seemed to me more structured, in an easier-to-follow manner. BDP is typically more responsive and has a greater bench strength given the comparative size, and their advice is typically more practical and commercially savvy.
     Jeff Sharpe, long a key figure and driving force in the firm’s group, is championed by peers for his all-purpose commercial litigation prowess. “Jeff is the main senior strength in that group. I’m against him right now, and he is as good as it gets,” asserts a peer, voicing the consensus of several others. Sharpe leads a team, which includes Andrew Sunter, Robert Martz and Susan Fader, representing CNOOC Petroleum North America in a case involving a significant pipeline failure near the one of the client’s facilities. The claim involves allegations of negligence against the design engineers and the providers of the novel pipe-in-pipe system. David de Groot led a team, which also included Martz and Joanne Luu, acting for Peace River Hydro Partners, which was formed to construct the Site C Dam in British Columbia, in a commercial dispute that wound its way to the Supreme Court of Canada in 2022. Martz led a precedent-setting class action that was brought on behalf of female firefighters and employees of the City of Leduc who had been subject to 20 years of discrimination, sexual misconduct, and sexual harassment. The class action sought damages for this and to allow others to come forward with similar claims. The class action was certified and settled in July 2023 and includes the largest per-person settlements ever in Canada for individual claimants in a workplace sexual-misconduct claim. Acting with Martz on this matter is Richard Steele, who attends principally to employment law. Steele represents the plaintiff in a claim seeking approximately $750,000 in damages for wrongful dismissal and contractual entitlements. The counterclaim for approximately $1.5 million alleges breaches of fiduciary and other duties, and responsibility for losses suffered by corporate entities while under the plaintiff's leadership. All-purpose commercial litigator James Murphy, along with Steele, is counsel to DIRTT Environmental, which has brought lawsuits in Alberta and the US against several of its founders, who have since departed to a new company, and numerous other departed employees, alleging that the defendants conspired to misappropriate its confidential and proprietary information and then use it to compete with DIRTT in the interior construction market.  DIRTT also alleged that the founders violated the fiduciary duties they owed to DIRTT and the restrictive covenants contained in the Executive Employment Agreements they entered into with DIRTT as part of its initial public offering. “James Murphy is a lovely guy,” offers a peer, who goes further to qualify, “but do not underestimate him in court! I once witnessed an opposing counsel who made the mistake of doing so, being extremely rude and disrespectful to him, and James just was came back hard and crushed them. I was impressed, and so was the judge. [James] is tough!”

International legal juggernaut Dentons maintains a formidable Alberta footprint through its Calgary and Edmonton locations and is somewhat unique in the sense that it is noted to have equal litigation horsepower in both offices. These two offices also attend to work that demonstrates the firm’s muscle on the international stage. Calgary’s co-head of litigation Gord Tarnowsky has made a notable mark in the international arbitration arena as of late. Tarnowsky represents Niko, a claimant in two ICSID arbitration proceedings seeking payment for gas delivered to Bangladesh Oil and Gas Mineral Corporation and seeking a declaration, with respect to liability, as well as any compensation payable to Bangladesh Petroleum Exploration & Production Company Limited arising from two gas well blowouts in Bangladesh. Tarnowsky is also acting for Niko in an Alberta action in which its relief well contractor has sought indemnification from Niko, with respect to the claims made in the Bangladeshi suit. In February 2019 a decision issued by the Tribunals found Dentons was successful in arguing against the respondents’ claims of corruption. Tarnowsky also represents two Italian companies in a claim involving a joint venture offshore from the Falkland Islands, alleging breaches of contract and copyright, amongst other accusations. In the Edmonton office, Dennis Picco is a noted standout, with a practice that comprises elements of construction, professional liability, insurance, arbitration and even intellectual property work. Picco represents pipeline entity Enbridge as a plaintiff in a case against a pipeline expansion construction consortium that was constructing an expansion to a crude oil pipeline and also crossing Enbridge’s pipeline. During the crossing exercise the construction contractor altered the agreed-to crossing process and struck one of Enbridge’s pipelines.

Field Law is one of Alberta’s few independent shops, operating through one office each in Calgary and Edmonton, with bench strength distributed evenly between the two offices. Field is especially touted for its insurance, construction and labor and employment capacities. One Calgary peer confirms, “Field is pretty much the go-to for litigation claims related to insurance. They have built their reputation on that work and it’s paid off for them.” The firm is a favorite with its loyal clients. One extols, “They are professional, very courteous and hard working. The whole team is very good at analyzing, evaluating and negotiating claims.” Edmonton insurance practitioner Sharon Stefanyk stands out to clients as “superb in all areas. [She is an] Expert at negotiations and has a real handle on evidence.” Calgary-based Robert Rakochey manages a multi-faceted practice that largely focuses on the construction industry. A client testifies, “Robert assisted us in a matter in which we were trying to get a partner removed and he did an excellent job.”

Calgary boutique JSS Barristers continues to enjoy a maverick model that allows it the flexibility to take on class-action work in both the plaintiff and defense capacities and a broad range of commercial, bankruptcy and professional liability work, with a good deal of it falling outside of typical oil-and-gas industry matters that drive much of the work for local firms. “They are doing very well in terms of market traction – I joke with them that half my practice is with them,” quips a peer. Peers also feel confident enough in the firm’s individual and collective acumen to increasingly seek them out for referrals. “JSS provides top-tier litigation advice and service,” states one referral source. “They are attentive to clients that I refer to them when I have a conflict acting. They provide direct, open communication, an excellent skillset, and practical and realistic guidance.” Clients have also been appreciative of the firm’s dogged approach. “They not only know the law, they use it strategically,” enthuses one. “They also seek to understand what motivates the opposition. They are strategic in every move.” Another shares this high opinion: “JSS's strategic advice in litigation is unparalleled. Their significant experience and good judgment has provided us with an advantage in all matters that we have worked with them on. All of their predictions to date have been accurate. They also have a keen attention to detail and are able to distill complex legal issues into understandable information for the business team.” 

     Carsten Jensen and Ryan Phillips represent the owners of a 37-floor Calgary office complex. This action involves an agreement to sell the complex for $65 million. The purchasers failed to close. The same JSS pair represent Inter Pipeline in a C$30 million action to enforce property and earth movement insurance coveragefor a deformation or “buckle” on a pipeline owned and operated by the clients. The buckle was discovered when an adjoining pipeline on a steep slope suffered a release of hydrocarbons, and the buckle was determined to be the result of earth movement on the slope. Andrew Wilson and Gavin Price act for Apache Canada in proposed class action, valued at $60 million, by former Apache employees for long-term compensation pursuant to a long-term compensation plan. Wilson and Price are cheered by a peer for having “a very strong reputation in class actions and securities. Andrew Wilson is considered a leader in securities, and I see them often. Gavin is a very good litigator but also does a very good job at working with opposing counsel while fighting hard. They both know how to work hard on settlement discussions.” Glenn Solomon is identified as “someone who has a strong presence in administrative law and also is really developing a niche in privacy cases.”

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!”

Calgary litigation boutique Peacock Linder Halt & Mack operates in a unique space in the market, carving itself a coveted position as a recipient of “premium” work. “Peacock Linder is always busy, and the size of the disputes they’re handling seem bigger and they seem more fractious and difficult to resolve than the work some other firms deal with,” offers a peer. Another affirms, “Peacock Linder is in the SWEET SPOT! In the Alberta economy, everyone is in the restructuring business, dealing with restructuring commitments, contracts, etc. They have become a necessary adjunct to this with litigation – the demand for their business has skyrocketed. With all of the consolidation going on in the legal field, bigger firms are being conflicted more than they ever were, and so the work is coming to firms like Peacock. They have a specialty – sophisticated oil-and-gas litigation.”

     Peter Linder is known in the Calgary community as “a pit bull,” with one peer and former opponent going on to elaborate, “If you’re up against him, you’d better be ready and you’d better be energized. He’s going to put you through the paces, you have to struggle to keep up.” Ed Halt maintains an emphasis on professional liability representation, directors’ and officers’ representation, corporate commercial litigation, securities litigation and franchise litigation. He also has regularly practiced in the areas of insurance law, insolvency, construction and product liability litigation. “Ed is a more measured litigator but very effective and not to be underestimated,” warns a peer. Mylène Tiessen, who joined the firm in 2008 from what is now Dentons, focuses on commercial litigation and professional liability for corporate and individual clients, as well as acting on administrative proceedings defending individuals before independent tribunals and acting as counsel to tribunals. Perry Mack, increasingly in demand as an arbitrator as well as one of Calgary’s most respected counsel, continues to be a peer favorite. “I’m on for TD on a kickback-scheme case,” testifies one peer, “and whenever it’s Perry that I have to deal with, it’s a pleasure. He gives me a run for my money when I try to be the most reasonable person in the room.” Emi Bossio also continues to be a favorite of the legal community. “Emi is on the other side of those international arbitrations, and I think she will be looking forward to getting back into that game in a big way.”

Rose is a Calgary boutique that saw its genesis in 2013 when a group of partners departed international conglomerate Dentons to establish their own litigation shop. In the eyes of peers, this bold gambit has more than paid off. “The Rose group are some of the brightest stars from Dentons’ Calgary litigation bench,” confirm one peer. “That was a REALLY good move that those people made going out on their own. They just are kicking ass all over the place. I deal with them on a lot of work, and they get a ton of other work as well.” Still another peer speculates in agreement, “I think Rose is turning away work at this point! They are just growing organically and developing a great space in this market, satisfying the need for high-end commercial litigation.” The firm is especially celebrated for its construction and infrastructure work, particularly pertaining to the energy industry and, buoyed by vibrant peer review, ascends into the “highly recommended” category in this edition.

Firm namesake James Rose is confirmed by peers to be “as active as ever. He does lots of commercial and insurance work, and has done every type of case that’s ever been done. He’s doing an IP case in Newfoundland dealing with the information on deposits of offshore oil, with issues dealing with the alleged wrongful acquisition of this information from the government.” Speaking to Rose’s magnetism, one peer offers in summation, “Jim was the guy that everybody knew in Calgary, the one in the middle of the wheel that connected everyone.” While Rose and fellow former Dentons alumnus Lowell Westersund have historically been the firm’s most visible litigators, peers also insist, “You need to take a closer look at Jane Sidnell. She is first-class and is someone who would be well-respected and recognized in this field.” By way of elaboration, another peer offers, “I had an eight-month-long construction file with Jane and she was excellent.” David Wachowich is considered “one of the leaders of the insurance bar. He’s had a long-standing relationship with the insurers in London.” Phillip Scheibel earns near-unanimous rave reviews as “a true leading force there, one who is a prime example of Rose’s strategic recruitment and growth strategy.” Managing partner Matthew Lindsay is another peer favorite, with one such peer confirming, “We were co-experts on a file in Australia and I found him to be very impressive and easy to work with.” Another raves, “You will hear GREAT FEEDBACK about Matt Lindsay. He has a humble nature – he’s from Saskatchewan! – but should not fly under the radar! He’s great, he’s a QC.” Brian Foster acts for a major investment dealer in an investigation by Securities Commissions of its entire business and compliance practices. He also acts for an investment fund in a fair-value claim arising from the exercise of dissent rights on an amalgamation. Foster also acts for an oil and gas company advancing a claim against an investment dealer that terminated a bought deal financing, resulting in significant losses to the company.

Stikeman’s Calgary office, while substantially smaller than the firm’s Eastern operations, consists of two partners, Mike Mestinsek and Geoffrey Holub, who both have a dedicated client following. Mestinsek is called “a practical, aggressive, problem solver” by a client, who goes on to confirm, “Mike is exceptionally responsive and has presence. He is appropriately aggressive and mindful of strategy/tactics that will work for the given party and issue. He is great at identifying the right resource to assist.” Another client offers a particularly glowing and fulsome review:, “Mike is a gifted litigator who also excels at the customer service side of the business. Mike learned the complexity of the business and our underlying contracts.  He managed each step of our litigation extremely well and communicated to us in a timely and detailed manner.  Mike effectively managed a difficult counterparty extremely well - both their corporate representative and their lead counsel. He handled himself with professionalism all the time, even though it might have been challenging to do that at during many stressful times. Mike also did a great job supporting a parallel path of settlement discussions, at the right time, and giving honest views on pros/cons of all facets our case and the possible path of litigation.” Holub is not without his fans as well. “Geoff is very experienced and practical, plus he’s also very courteous, in a way that is not always the case with other litigators I’ve been involved with.” Holub provided Calgary counsel on the aforementioned matter for Teck. The Calgary office is also in growth mode; this year the firm lured Matti Lemmens, a versatile younger litigator with a swiftly rising profile, to its bench from another national firm.