Recent Experience
Alberta Provincial Court Judges' Association, in a constitutional case before the Supreme Court of Canada regarding judicial independence. Provincial Court Judges (No. 2) (1998), 155 D.L.R. (4th) 1 (S.C.C.).
Archean Energy Ltd., with their appeal of a judgment which awarded two former officers damages for wrongful dismissal as well as substantial monies on a stock option agreement. The Court of Appeal reversed the lower court decision, finding that the plaintiffs had not been constructively dismissed. The amounts payable under the stock option agreement were also significantly reduced. 2007 ABCA 385.
ATCO Gas and Pipelines Ltd., in the Supreme Court of Canada's 2006 landmark decision defending utility property rights against regulatory confiscation. ATCO Gas Pipelines Ltd. v. Alberta (Energy Utilities Board), 2006 SCC 4.
Supreme Court of Canada case concerning overriding oil and gas royalties and whether they constitute interests in land. Bank of Montreal v. Dynex Petroleum Ltd. (2002), 208 D.L.R. (4th) 155 (S.C.C.).
The
Metropolitan Conference Centre, in a successful appeal setting aside a trial
decision and limiting a commercial landlord's contractual right to reclaim
premises for purposes of building redevelopment. 2005 ABCA 274.
Safari
Club International (Alberta Chapter) and Public Action for Wildlife Society, with their successful intervention in an appeal relating to Metis
hunting rights in Alberta. R. v. Kelley, 2007 ABQB 41
An
industry association of Canada's largest brewers, in a judicial
review application concerning the conduct of the Beverage Container Management
Board in setting fees for manufacturers in part to provide a reasonable rate of
return to bottle depots. The application was successful and resulted in the
establishment of a proper regulatory regime for determining this significant
annual expense of all beverage manufacturers in the Province.
Shore
Gold Inc., with the appeal in a claim alleging that a voting
agreement between two joint venture parties, Shore Gold Inc. and De Beers
Exploration Inc., breached a joint venture agreement. De Beers
Exploration Inc. v. Shore Gold Inc. et al, 2006 SKCA 58
HI Hotel
Limited Partnership (Hotel Arts), in the successful enforcement of its
statutory right of rescission under the Alberta Franchises Act and Regulation.
2008 ABCA 276, affirming 2007 ABQB 686.
ATCO Gas and Pipeline Ltd., with its successful appeals of three related Board Decisions
regarding the ability of the regulator to assert jurisdiction over its Carbon
gas storage facilities and related production properties, which assets no
longer serve any purpose for utility service. The court ruled that revenue
generation is not a valid utility service.
Eagle Resources Limited, in an appeal before the Alberta Court of Appeal
regarding a damage assessment pertaining to a breach of warranty contract
resulting in an award of $9.47 million. Eagle Resources Ltd. v.
MacDonald, 2005 ABCA 277.
A commercial real estate owner, in appeal
proceedings successfully upholding the dismissal of an action for the sale of
land voided by mutual mistake. 2003 ABCA 221.
Globex Foreign Exchange
Corporation, in an appeal before the
Alberta Court of Appeal seeking to set aside an interlocutory injunction
enforcing a non-competition agreement. Globex Foreign Exchange Corporation
v. Kelcher, 2005 ABCA 419.
Respondents, in an appeal
before the Alberta Court of Appeal from the Trial Judges decision granting
summary judgment to the plaintiff on the basis that there were arguable
grounds with respect to the interpretation of a sale and purchase agreement
relating to seismic information. Shapiro v. Armstrong, 2005 ABCA
297
Pan Canadian Petroleum Limited, in an appeal before the Alberta Court of Appeal challenging the cost award granted
by a chambers judge. Stoney Tribal Council v. PanCanadian Petroleum
Limited, 2005 ABCA 285.
Linda J. Court, in acting
on behalf of local resident and, successfully judicially reviewing a decision
of Alberta Environment permitting the construction of a gravel pit south of
Calgary causing a re-hearing on various environmental issues.
Bennett Jones