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Munaf Mohamed QC

Partner

Partner |

T: 403.298.4456

Calgary

Mohamed Munaf
 
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

T: 403.298.4456


Calgary

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

Munaf Mohamed is national co-chair of the firm's fraud law practice and maintains a national litigation practice with a strong emphasis on civil fraud and international asset recovery claims. Munaf also regularly handles energy-related disputes, product liability claims, bank-related litigation, arbitration mandates and defamation claims. Chambers Canada recently quoted a source: "He is incredibly good strategically and deadly with a witness. He is very good on his feet in front of judges and arbitrators." Munaf is a Fellow of the International Academy of Trial Lawyers.

Chambers Canada

"... he excels at coming up with strategic means of getting results... One of the best litigators on the street."

In representing clients prosecuting or defending civil fraud claims, he has extensive experience managing all aspects of investigative and enforcement actions, including obtaining Mareva injunctions, Norwich Pharmacal orders, Anton Piller orders, conducting fraud investigations and working with corporate security personnel throughout. The fraud claims include internal defalcations, external theft, mortgage fraud, commercial loan fraud, cheque kiting and Ponzi schemes. Munaf regularly appears as counsel across the country and has overseen a number of international recovery efforts on behalf of clients. Recently, Munaf was counsel to a major financial institution in coordinating, executing and resolving one of the most complex mortgage fraud schemes in Canadian history where over 325 defendants were named and pursued.

In the energy arena, Munaf has litigated a wide variety of matters including issues related to split title of mineral rights, CO&O agreements, farm-out agreements, CAPL issues, surface rights and land related disputes, major pipeline failures, as well as disputes related to contractual arrangements. In addition, Munaf has represented numerous clients in respect of regulatory litigation. Notably, Munaf represented Imperial Oil Resources Ventures Limited in respect of injunctive and judicial review proceedings against the Minister of Fisheries and Oceans as well as a number of NGO's pertaining to Imperial Oil's $8 Billion Kearl Oil Sands Project arising from a Joint Review Panel recommendation.

In representing financial institutions, Munaf has extensive experience with issues relating to bills of exchange, verification agreements, clearing procedures, conversion allegations and recovery issues related to fraud. Indeed, Munaf has represented financial institutions on some of the largest fraud claims in Canada, including claims involving multi-jurisdictional asset recovery.

In the arbitration field, Munaf has successfully prosecuted and defended matters involving the ICC, AAA, CPR as well as domestic arbitration claims. Arbitrations have been seated in London, various locations in the United States and Canada.

Munaf also regularly is called upon to prosecute and defend claims in defamation. Most recently, Munaf defended Mayor Naheed Nenshi, Mayor of Calgary, in respect of a $6 Million defamation claim advanced by a developer relating to comments made relating to election financing laws.

On the products liability side, Munaf has defended turbine manufacturers, pipeline designers, tank manufacturers and a number of other product designers, manufacturers and distributors. 

Chambers Canada

"Munaf Mohamed 'is a respected practitioner in the area' of white-collar fraud. Sources say 'he's the right guy for it - he's a pitbull.'"

Most recently, in naming Munaf a "litigation star", Benchmark Litigation quoted a client: "Munaf has common sense and is not afraid to go into novel areas. He approaches complex matters with an excellent strategic view to getting the best result without uncovering every rock. He manages reputational risk issues in a very careful manner and always has them at front of mind. Although he sits in Calgary, we use him for cases all across the country." 

With over 60 reported cases, Munaf has extensive trial and appellate experience. Since articling with the Alberta Court of Appeal and Court of Queen's Bench, he has appeared as lead counsel before the Superior Courts in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, the Federal Court, trial and appeal divisions, with multiple cases before the Supreme Court of Canada.

Munaf has been named in the Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada, Who's Who Legal: Canada 2010-2013, as a leading practitioner in the Business Crime practice area, The International Who's Who of Business Crime Defence Lawyers 2011, The International Who's Who of Business Lawyers 2011, The International Who's Who of Business Crime Defence Lawyers 2012 and The International Who's Who of Asset Recovery Lawyers 2012 as a leading specialist globally, and repeatedly selected by Benchmark Litigation as one of the top 50 trial lawyers in Canada.

As well as having taught at the Bar Admission courses, Munaf is a member of the Board of Directors and Vice-Chair of the Executive Committee of Inn from the Cold, a Calgary organization dedicated to ending family and child homelessness in Calgary.  Munaf also sits on the economic Advisory Board of the Jesuit Fatherhood of Upper Canada. 

Education

University of Alberta, BA, 1991, with honours University of British Columbia, LLB, 1994 Mediating Disputes Program, Program on Negotiation, Harvard Law School, 2017 

Bar Admissions

Alberta, 1995 British Columbia, 1995 

Recent Experience

Canadian Pacific Railway, in its public offering of $300-million aggregate principal amount of 3.05% notes due 2050.
Canadian Pacific Railway, in its public offering of US$500-million aggregate principal amount of 2.050% notes due 2030.
NEP Canada ULC. Prosecution of a claim of breach of contract and fraud relating to the purchase of substantial oil and gas assets in Canada with claims in excess of $500 million culminating in a 3-month trial.
Wood Group Mustang (Canada) Inc., in defence of an action commenced by Canadian Natural Resources Limited, relating to the failure of an underground emulsion pipeline in 2009. Amounts claimed are in excess of $80 million. Canadian Natural Resources Limited v. ShawCor Ltd., 2013 ABQB 230; Canadian Natural Resources Limited v. ShawCor Ltd., 2014 ABCA 289; Canadian Natural Resources Limited v. ShawCor Ltd., 2016 ABCA 21.
A major financial institution in a fraud recovery lawsuit to seek recovery of losses arising from a sophisticated cheque-kiting scheme involving the cycling of hundreds of millions of dollars in Canada and the United States – Bank of Montreal v. Mair Faibish et al.
Bank of Montreal v. Cochrane, 2010 ABQB 430
Bank of Montreal v. Cochrane
, 2010 ABQB 541
Bank of Montreal v. Cochrane
, 2010 ABQB 542
Bank of Montreal v. Cochrane
, 2010 ABQB 545
Bank of Montreal v. Cochrane
, 2010 ABQB 548
Compton Petroleum Corp. v. Alberta Power Ltd., [1999] A.J. No. 218 ABQB 1999/01/15 Alberta Judgments
Sylvan Lake Golf & Tennis Club Ltd. v. Performance Industries Ltd., [1999] A.J. No. 741 ABQB 1999/06/17 Alberta Judgments
Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club Ltd., [2000] A.J. No. 408 ABCA 2000/04/17 Alberta Judgments
Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club Ltd., [2002] 1 S.C.R. 678 CASCC 2002/02/22 Supreme Court Reports
Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club Ltd., [2002] S.C.J. No. 20 CASCC 2002/02/22 Supreme Court of Canada Judgments
Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club Ltd., [2000] S.C.C.A. No. 260 CASCC 2000/05/25 Supreme Court of Canada Rulings on Applications for Leave to Appeal and Other Motions
O'Fearghail Holdings Ltd. v. Bignold, [2001] A.J. No. 793 ABQB 2001/06/18 Alberta Judgments
Refco Alberta Inc. v. Nipsco Energy Services Inc., [2002] A.J. No. 659 ABQB 2002/05/15 Alberta Judgments
Refco Alberta Inc. v. Nipsco Energy Services Inc., [2002] A.J. No. 1427 ABCA 2002/11/07 Alberta Judgments
Refco Alberta Inc. v. Nipsco Energy Services Inc., [2002] A.J. No. 1567 ABCA 2002/12/05 Alberta Judgments
Refco Alberta Inc. v. Nipsco Energy Services Inc., [2003] A.J. No. 455 ABCA 2003/03/27 Alberta Judgments
Booth v. Knibb Developments Ltd., [2002] A.J. No. 957 ABCA 2002/07/26 Alberta Judgments
Bank of Montreal v. Lysyk, [2002] A.J. No. 1124 ABQB 2002/09/20 Alberta Judgments
Bank of Montreal v. Lysyk, [2002] A.J. No. 1354 ABQB 2002/11/04 Alberta Judgments
Bank of Montreal v. Lysyk, [2003] A.J. No. 62 ABQB 2003/01/17 Alberta Judgments
Bank of Montreal v. Lysyk, [2003] A.J. No. 276 ABQB 2003/02/25 Alberta Judgments
Bank of Montreal v. Lysyk, [2003] A.J. No. 286 ABQB 2003/02/27 Alberta Judgments
Bank of Montreal v. Lysyk, [2003] A.J. No. 288 ABQB 2003/02/28 Alberta Judgments
Bank of Montreal v. Lysyk, [2003] A.J. No. 531 ABQB 2003/04/17 Alberta Judgments
Bank of Montreal v. Lysyk, [2003] A.J. No. 1724 ABQB 2003/07/03 Alberta Judgments
Ramias v. Johnson, [2009] A.J. No. 709 ABQB 2009/06/24 Alberta Judgments
Lyons v. Creason, [2009] A.J. No. 723 ABQB 2009/06/26 Alberta Judgments
Monette v. Nieuwenburg, [2003] A.J. No. 643 ABQB 2003/05/06 Alberta Judgments Monette v. Nieuwenburg, [2003] A.J. No. 643 ABQB 2003/05/06 Alberta Judgments
Petro-Canada Products Ltd. v. Dresser-Rand Canada Inc., [2003] A.J. No. 1579 ABQB 2003/06/30 Alberta Judgments
Petro-Canada Products Inc. v. Dresser-Rand Canada Inc., [2004] A.J. No. 488 ABCA 2004/04/30 Alberta Judgments
Petro-Canada Products Inc. v. Dresser-Rand Canada, Inc., [2004] A.J. No. 1019 ABCA 2004/09/22 Alberta Judgments
Alliance Pipeline Ltd. v. Smith, [2003] A.J. No. 1299 ABQB 2003/10/21 Alberta Judgments
Alliance Pipeline Ltd. v. Smith, [2009] F.C.J. No. 407 CAFCA 2009/04/08 Federal Court Judgments
Smith v. Alliance Pipeline Ltd., [2009] S.C.C.A. No. 239 CASCC 2009/10/13 Supreme Court of Canada Rulings on Applications for Leave to Appeal and Other Motions
Yaworski v. Alliance Pipeline Ltd., [2001] A.J. No. 1772 ABQB 2001/02/06 Alberta Judgments
Alliance Pipeline Ltd. v. Seibert, [2003] A.J. No. 1436 ABQB 2003/10/29 Alberta Judgments
Canada (Attorney General) v. Livingstone, [2003] A.J. No. 1638 ABQB 2003/12/18 Alberta Judgments
Canada (Attorney General) v. Livingstone, [2004] A.J. No. 790 ABCA 2004/06/18 Alberta Judgments
Engle Estate v. Aviva Insurance Company of Canada , 2010 ABCA 18
Engle Estate v. Aviva Insurance Co. of Canada
, [2008] A.J. No. 1193 ABQB 2008/10/21 Alberta Judgments
Engle Estate v. Aviva Insurance Company of Canada, [2008] I.L.R. I-4751 ABQB 2008/10/21 Canadian Insurance Law Reporter
The Canadian Indemnity Company v. The Royal Insurance Company of Canada, [1998] I.L.R. I-3506 ABQB 1997/09/18 Canadian Insurance Law Reporter
Baillie v. Crown Life Insurance Company, [1998] I.L.R. I 3552 ABQB 1998/03/02 Canadian Insurance Law Reporter
Tichit v. Jones, [2002] B.C.J. No. 3248 BCSC 2002/06/12 British Columbia and Yukon Judgments
Roque v. Bane, [2002] A.J. No. 1714 ABQB 2002/01/10 Alberta Judgments Roque v. Bane, [2003] A.J. No. 1550 ABQB 2003/12/15 Alberta Judgments
Sieben v. Rewcastle Estate, [2002] A.J. No. 491 ABCA 2002/03/15 Alberta Judgments
Rewcastle Estate v. Sieben, [2003] A.J. No. 670 ABCA 2003/05/26 Alberta Judgments
Rewcastle Estate v. Sieben, [2003] A.J. No. 670 ABCA 2003/05/26 Alberta Judgments
Aetna Insurance Co. of Canada v. Mason and Co., [1998] A.J. No. 1374 ABQB 1998/12/18 Alberta Judgments
Inter-Rail Auto Handling Inc. (c.o.b. Inter-Rail Canada) v. Canadian Pacific Ltd., [2000] B.C.J. No. 1297 BCSC 2000/06/28 British Columbia and Yukon Judgments
Ainsworth Lumber Co. v. KMW Energy Inc., [2001] B.C.J. No. 1444 BCSC 2001/07/10 British Columbia and Yukon Judgments
Anderson v. Amoco Canada Oil and Gas, [1998] A.J. No. 805 ABQB 1998/07/15 Alberta Judgments
Devon Canada Corp. v. Canadian Pacific Railway Co., [2009] A.J. No. 275 ABQB 2009/03/06 Alberta Judgments
Imperial Oil Resources Ventures Ltd. v. Canada (Minister of Fisheries and Oceans), [2008] F.C.J. No. 541 CAFC 2008/03/27 Federal Court Judgments
Imperial Oil Resources Ventures Ltd. v. Canada (Minister of Fisheries and Oceans), [2008] F.C.J. No. 749 CAFC 2008/05/14 Federal Court Judgments
The Canadian Indemnity Company v. The Royal Insurance Company of Canada, 1997 CanLII 14884 (AB Q.B.)
Standen's Ltd. v. Commercial Union Assurance Co. of Canada, 1997 CanLII 14822 (AB Q.B.)
Robyn Walker v. Herbert Mellor and Michael Ellefson (September 1999)
Bonnie Beaulieu v. Ana Neufeld, Marta Gray et al. (September 15, 1999)
Sinclair v. Stehr, 2002 ABQB 374
Vancouver (City) v. Lam, [1994] B.C.J. No. 1582
Triple D & G. L. Ranches Ltd. v. Duncan, [2011] A.J. No. 720
Cogent Group Inc. v. EnCana Leasehold Limited Partnership, [2011] A.J. No. 585;
Cogent Group Inc. v. EnCana Leasehold Limited Partnership, [2014] A.J. No. 616;
Cogent Group Inc. v. EnCana Leasehold Limited Partnership, [2014] A.J. No. 1077
Suncor Energy Oil Sands Limited Partnership v. Propak Systems Ltd., [2012] A.J. No. 1367
Royal & Sun Alliance Insurance Co. of Canada v. Araujo, [2013] B.C.J. No. 1529

Recent Recognition

Chambers Canada
Ranked, Litigation: General Commercial: Alberta
Ranked, White-Collar Crime & Government Investigations
Best Lawyers in Canada
Recognized as a leading corporate and commercial litigation lawyer
The Legal 500: Canada
Recommended as a leading lawyer, Dispute Resolution
The Canadian Legal Lexpert Directory
Consistently recommended, Litigation - Corporate Commercial
Global Investigations Review 100
Recognized as a prominent investigation practitioner - GIR 100
Benchmark Litigation: Canada
Selected 2017-2020 as one of the Top 50 Trial Lawyers
Recognized as a Litigation Star
Lexpert Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada
Recognized as one of Canada's leading cross-border litigators
Lexpert Special Edition
Recognized as a leading energy lawyer in Canada
Recognized as a leading litigation lawyer in Canada
Who's Who Legal: Asset Recovery
Recognized as one of the world's leading asset recovery lawyers
Who's Who Legal: Canada
Recognized as a leading lawyer in the area of asset recovery
Recognized as a leading lawyer in the area of business crime defence
Who's Who Legal: The International Who's Who of Business Lawyers
Recognized as a leading lawyer in the area of Asset Recovery

Insights, News & Events

Announcements

40 Bennett Jones Lawyers in Lexpert's Special Edition on Litigation

November 27, 2020
       

In the News

Munaf Mohamed in Lexpert: The Impact of Fraud on Business During the Pandemic

November 27, 2020
       

Announcements

Bennett Jones Leads Canada in Energy Law

October 27, 2020
       

Blog

SLAPPed Around—Defamation, Anti-SLAPP Legislation and the Defence of Qualified Privilege

September 14, 2020
       

Announcements

Bennett Jones is Recognized in Chambers Canada 2021

September 10, 2020
       

Announcements

Four Bennett Jones Lawyers Honoured with Queen’s Counsel Designation

March 05, 2020
       

Announcements

Bennett Jones: Canada’s Leading Litigation Lawyers

November 29, 2019
       

Announcements

Bennett Jones is Top-Tier in The Legal 500

November 18, 2019
       

Articles

Commercial Litigation and Arbitration Review: Fraud and Knowing Assistance

November 01, 2019
       

Announcements

Bennett Jones' Leading Lawyers in Chambers Canada 2020

September 19, 2019
       

Announcements

Bennett Jones Leads Canada in Energy Law

September 03, 2019
       

Blog

Fraud and Knowing Assistance—Between the Innocents

January 07, 2019
       

Announcements

Bennett Jones—Lexpert’s Leading Canadian Litigation Lawyers

November 30, 2018
       

Announcements

Bennett Jones in Who’s Who Legal: Canada 2018

November 01, 2018
       

Blog

Norwich Relief—SCC Provides Guidance on Pre-Trial Disclosure Orders

September 14, 2018
       

Announcements

Munaf Mohamed Inducted as IATL Fellow

July 30, 2018
       

Announcements

Bennett Jones Fraud Law Team—Best in the Business

December 04, 2017
       

Announcements

Bennett Jones Litigation Lawyers—Lexpert’s Canadian Leaders

November 24, 2017
       

Announcements

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

November 24, 2017
       

Announcements

Bennett Jones Selected to 2017 GIR 100

October 27, 2017
       

Blog

The Good, the Bad and the Ugly: Candour in Ex Parte Applications

October 25, 2017
       

Blog

Are Lawyers' Notes Privileged?

June 08, 2017
       

Blog

Pension May be Collapsed in the Face of an Admitted Fraud

March 22, 2017
       

In the News

Munaf Mohamed Quoted in CBC on Alleged Fraud of AMA

August 10, 2016
       

Related Services

Anti-Corruption Investigations & Compliance
Commercial Litigation
Defamation
Energy Litigation
Fraud Law

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