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Kelsey J. Meyer

Partner

Partner |

T: 403.298.3323

Calgary

Meyer Kelsey
 
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

T: 403.298.3323


Calgary

  • Education
  • Bar Admissions
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

Kelsey Meyer advises and represents clients with respect to commercial litigation matters, with a particular focus on bankruptcy, insolvency, and restructuring matters. She also represents clients with respect to property tax assessment complaints.

Kelsey's practice encompasses a broad range of commercial litigation, including energy litigation, fraud litigation, product liability litigation, debtor-creditor disputes, construction, contractual disputes, professional negligence matters, environmental regulation litigation and foreclosures.

With respect to insolvency matters, Kelsey acts for creditors, debtors, and court-appointed monitors, receivers and trustees in bankruptcy in large and complex insolvencies and restructurings, including proceedings pursuant to the Bankruptcy and Insolvency Act (Canada), the Companies' Creditors Arrangement Act (Canada), and cross-border insolvency proceedings.

Kelsey appears before all levels of Court in Alberta, and has appeared before the Assessment Review Board, the Energy Resources Conservation Board (now the Alberta Energy Regulator), the Alberta Utilities Commission and the National Energy Board.

Kelsey is a member of the Canadian Bar Association, the Calgary Bar Association, the Turnaround Management Association, the International Women's Insolvency & Restructuring Confederation, and the Turnaround Management Association Network of Women ("TMA Now") Global Committee.  Kelsey also volunteers with the Alberta Lawyers' Assistance Society (Assist). 

Kelsey has presented to clients on insolvency, administrative law, and energy issues, and has authored articles regarding insolvency, administrative law and environmental matters. She has a proven track record of hard work, dedication and commitment to her clients, and she consistently works to achieve the highest standards of client service. Kelsey takes a practical approach to litigation, and advises her clients with a results-based approach, focusing on the most pragmatic, timely and cost-efficient means of achieving the clients' goals.

Kelsey has been recognized in the Canadian Legal Lexpert Directory as a Leading Lawyer to Watch – Insolvency & Financial Restructuring – Insolvency Litigation, and in the Lexpert Guide to the Leading U.S. / Canada Cross-border Litigation Lawyers in Canada as a Litigation Lawyer to Watch.

Kelsey joined Bennett Jones as an articling student in 2002.

Education

University of Lethbridge, BASc, 1999 University of Victoria, LLB, 2002 

Bar Admissions

Alberta, 2003

Recent Experience

  • BJ Services Holdings Canada, ULC in its role as the foreign representative of its own estate and that of its American parent company, BJ Services, LLC in proceedings pursuant to Chapter IV of the Companies' Creditors Arrangement Act (Canada) in which the Alberta Court of Queen's Bench has granted Canadian recognition of Chapter 11 bankruptcy proceedings of those companies and affiliates in the United States.
  • Lead counsel for PricewaterhouseCoopers Inc. as receiver in the receivership of Anterra Energy Inc.
  • Co-counsel for Ernst & Young Inc. as receiver in the receivership of Petrowest Corporation and related entities.
  • Co-counsel for the plaintiffs in a $49 million fraud claim involving multiple parties and litigation in foreign jurisdictions.
  • PricewaterhouseCoopers Inc. in Anterra Energy Inc. CCAA proceedings.
  • Lead litigation counsel in the Companies' Creditors Arrangement Act proceedings of Argent Energy Trust and related parties, involving cross-border insolvency proceedings pursuant to Chapter 15 of the U.S. Bankruptcy Code, which resulted in a successful sale of substantially all of the assets of the debtor companies being approved by the Canadian and U.S. courts.
  • Co-counsel for Wood Group Mustang (Canada) Inc. in defence of an $85 million claim relating to the failure of an underground emulsion pipeline.
  • Canadian counsel for C&J Energy Production Services-Canada Ltd. and Mobile Data Technologies Ltd. in proceedings pursuant to Part IV of the Companies' Creditors Arrangement Act, involving foreign recognition by the Canadian court of U.S. Chapter 11 insolvency proceedings, including Canadian recognition of a plan of reorganization.
  • Canadian counsel for Ultra Petroleum Corp. in foreign recognition proceedings pursuant to Part IV of the Companies' Creditors Arrangement Act, recognizing U.S. Chapter 11 proceedings.
  • Counsel for a creditor in the Companies' Creditors Arrangement Act proceedings of Broadacre Agriculture Inc.
  • Co-counsel for the monitor in the Companies' Creditors Arrangement Act proceedings of Anterra Energy Inc.
  • Co-counsel in a commercial litigation matter on behalf of investors in three limited partnerships created to own interest in aircraft, involving seven actions and allegations of fraud, misrepresentation, and breach of contract. Kelsey has assisted her clients in seizing aircraft and in obtaining orders for injunctive relief, disclosure of banking records from foreign jurisdictions, and civil contempt.
  • Lead counsel on over 150 actions on behalf of an agent for landowners seeking leave to appeal or judicial review of decisions of Assessment Review Boards in Alberta, regarding property tax complaints. Examples include: Lead counsel in Associated Developers Ltd. v Edmonton (City), 2011 ABQB 592 where the Court considered newly amended legislation and granted an appeal of a decision of the Assessment Review Board; Lead counsel in Anterra Sunridge Power Centre Ltd. v Calgary (City), 2014 ABQB 223 where the court considered new legislation relating to electronic disclosure of documents and granted an appeal of a decision of the Assessment Review Board.
  • Co-counsel to a defendant to a charge pursuant to the Water Act.
  • Conducting internal investigations on behalf of a client, including interviewing witnesses, collecting evidence and reporting to management.
  • Lead or co-counsel at all levels of Alberta Courts and at hearings before the Energy Resources Conservation Board, the National Energy Board, and the Alberta Utilities Commission.
  • Litigation counsel on behalf of a national bank in connection with foreclosures matters.
  • Co-counsel for the unpaid investors of Titan Investments Limited Partnership in connection with an Action seeking repayment from other investors of distributions paid from a fraudulently orchestrated investment vehicle pursuant to the Fraudulent Preferences Act. In the Matter of Titan Investments Limited Partnership, and Titan Genpar Inc., and Evolution Capital Management Ltd., and The Estate of David Comte, Deceased, and The Comte Family Trust and Predator Holdings Ltd., 2005 ABQB 637.
  • Counsel to debtors in proposal proceedings pursuant to the Bankruptcy and Insolvency Act.
  • Lead counsel at a Court of Queen's Bench of Alberta trial in relation to a wrongful dismissal claim.

Alberta Utilities Commission

  • Assisted with an intervention regarding an application for approval of major pipeline infrastructure.
  • Lead counsel in an application for approval of a major power transmission line facility and substation.
  • Utility rate proceedings, assisting on behalf of Applicants and on behalf of Interveners.

Assessment Review Board

  • Lead counsel for complainants before the Assessment Review Board regarding property tax complaints.

Energy Resources Conservation Board

  • Represented energy companies in responding to applications for standing in relation to energy-related projects.
  • Represented energy companies in review proceedings relating to various approvals.

National Energy Board

  • Co-counsel for an interested party intervening in an application for a Certificate of Public Convenience and Necessity for major pipeline infrastructure.

Surface Rights Board

  • Surface Rights Board matters relating to rights of entry and compensation.

Recent Recognition

The Canadian Legal Lexpert Directory
Leading Lawyer to Watch - Insolvency & Financial Restructuring - Insolvency Litigation
Lexpert Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada
Recognized as a Litigation Lawyer to Watch

Insights, News & Events

Speaking Engagements

Kelsey Meyer on Restructuring and Turning Around

April 09, 2020
       

Blog

Court of Appeal Confirms That a Municipality Cannot Rely on Undisclosed Information at the Assessment Review Board

February 25, 2020
       

Blog

The Priority of Unpaid Post-Filing Creditors in a CCAA Proceeding

October 15, 2019
       

Speaking Engagements

Navigating Construction Claims in Insolvency

October 09, 2019
       

Speaking Engagements

International and Cross-Border Restructuring

September 26, 2019
       

Blog

Alberta Court of Appeal Clarifies Super-Priority of CCAA Charges

September 17, 2019
       

Speaking Engagements

Dealing with Insolvent Counterparties

April 12, 2019
       

Updates

ABQB Clarifies Test for Lifting the Stay to Replace an Insolvent Operator

February 20, 2019
       

Updates

Not Just Linear Property Tax Priorities: Alberta Court of Appeal on Abuse of Process and Mootness

February 19, 2019
       

Blog

No Deemed Trust for Unremitted GST and HST Post-Bankruptcy

November 13, 2018
       

Updates

Property Tax Priorities in Alberta Insolvency Proceedings: Current Uncertainty

November 12, 2018
       

Updates

Property Tax Assessments—Why You Should Respond to Requests for Information

September 27, 2018
       

Announcements

Bennett Jones US/Canada Cross-Border Litigation Lawyers—Canadian Leaders

November 24, 2017
       

Updates

When Can Judicial Review of a Tribunal's Decision Include a Tribunal's Other Decisions?

February 28, 2017
       

Speaking Engagements

The Top 10 Questions from Clients on Construction and Infrastructure Projects

February 08, 2017
       

Blog

Amendments to Alberta's Municipal Government Act Likely to Reduce Time and Cost of Property Tax Review Process

January 23, 2017
       

Related Services

Commercial Litigation
Energy Litigation
Restructuring & Insolvency
Aviation

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