Summary of Litigation Experience

I am a civil litigator experienced in a variety of practice areas including insurance law, construction law, negligence claims, will interpretation, contested trustee appointments, real estate disputes, mortgage enforcement, corporate oppression remedy claims and personal injury. 

Commercial Litigation

  • represented a commercial landlord in a multi-million dollar co-insurance penalty dispute. 
  • represented a corporate client in its application for an injunction against a rogue employee who had misappropriated company contacts and secrets for use with a competing firm.
  • represented a large condominium developer in the prosecution and defence of dozens of claims related to vendor-purchaser agreements, construction liens, disputes with trade workers and defaulting purchasers.
  • provided an opinion to the Receiver-Manager of Alberta on its legal obligations to preserve electronic data and evidence stored on an insolvent company's seized hard drives.
  • represented a major real estate developer in a multi-million dollar construction law arbitration.
  • prosecuted a six-figure mortgage enforcement claim against the developer of a large condominium complex involving a mix of occupied and unoccupied commercial and residential units.
  • represented a major producer of pork products in enforcing the terms of its supply agreement after discovery of a longstanding invoicing error and resulting six figure mispricing loss.
  • represented one of Alberta's largest oil and gas producers in its seven figure claim over the design and construction of an oil battery plant.

Corporate and Securities Law

  • drafted the majority of interlocutory and appellate pleadings for a voluminous seven-figure action involving complex oppression remedy claims as well as trust and securities law issues.
  • prepared all pleadings on an urgent basis and attended on the emergency ex parte motion for an Alberta-wide Anton Piller Order; then oversaw the all-night execution of the search and seizure Order, all as part of the larger prosecution and securities fraud scandal surrounding Brian Fox and Powder River Petroleum.
  • drafted application materials for proceedings before the Alberta Securities Commission.
  • prepared all the application materials seeking the court's advice and approval in regards to a corporate client's obligation to indemnify its corporate officers and directors from liability while carrying out their official duties.
  • represented clients in enforcement of agency agreements, bonus structures, general debt collection, and similar contract performance issues.

Insurance Defence

  • defended fire loss, motor vehicle accident, and other personal injury claims involving SEF 44 policies, uninsured and underinsured motorist coverage, disability coverage, as well as liability and damages issues, including the collateral benefits rule.
  • prosecuted subrogated actions in personal injury and property loss claims, including a multi-million dollar fire loss claim.  Familiar with fire investigation methods and practices as well as fire suppression systems.
  • involved in the highly publicized, multi-million dollar claims against the Roman Catholic Church (Diocese of London, Ontario) and various Catholic Bishops and police forces in respect of the sexual abuse scandal surrounding a notorious pedophile priest.
  • advised in a subrogated fire loss action against a refrigerator manufacturer in respect of defective circuitry.  Familiar with expert evidence on electrical arcing patterns and ignition points.
  • prosecuted a number of defamation actions concerning Internet, radio and printed transmissions on behalf of corporate directors, business principals and private individuals.

Estate Litigation

  • represented a beneficiary in a contested application for appointment of a power of attorney and the contested disposition of real property.  Experience with expert reports on competence to care for property and person. 
  • represented an executor in his application against a co-executor for a will interpretation involving a six figure real property bequeathment.  Following success on the application, I drafted the responding materials for the appeal to the Ontario Court of Appeal.
  • acted for and advised in a lawsuit against a rogue fiduciary for failure to maintain proper records and for conversion of trust funds.

Miscellaneous Matters

  • appealed from a corporate client’s liquor license suspension, defended commercial vehicle airbrake violations, and defended careless driving charges against a professional driver. 
  • involved in a malicious prosecution claim against the Province of Ontario.
  • acted in commercial tenancy disputes on behalf of tenant-clients, dealing with improper distrainment, lock outs, and damages for business interruption losses.
  • experienced with tax litigation in the Tax Court of Canada, including an appeal from business income tax re-assessments, and a car dealership’s substantial GST assessment dispute.
  • familiar with priority disputes between insurers and the insurer arbitration process.
  • experienced with a variety of personal injury and wrongful death scenarios against private individuals, police forces, care homes, municipalities and school boards.
  • experienced with medical malpractice and solicitor negligence claims.