 Bennett Jones Education University of King's College, Combined Honours (Philosophy and Political Science), 2002 University of Calgary, LLB, 2007 Bar Admissions Alberta, 2008 Overview David McKinnon's litigation practice focuses on crisis response and risk management, and the resolution of complex commercial, energy and environmental disputes and investigations. David also acts in professional negligence matters for physicians sued for malpractice or facing professional disciplinary proceedings. He regularly appears before all levels of court in Alberta, before administrative tribunals, and in international and domestic arbitrations. David has been recognized in national rankings by the Canadian Legal Lexpert Directory, by Lexpert as one of Canada’s Leading Litigation Lawyers, by Lexpert as a Rising Star: Leading Lawyer Under 40, and by Benchmark Litigation as a Litigation Star. He has been an invited speaker by the Legal Education Society of Alberta – Civil Advocacy Series, the Canadian Bar Association Health Law Section, the Canadian Medical Protective Association, and the University of Calgary Faculty of Medicine. David is also an active volunteer in Calgary, serving as a governor of EducationMatters, as a committee member of UNICEF Water for Life, and as a community sports coach. Select Experience • Representing the landlord in a successful claim for breach of lease against a tenant who had leased an entire 37 story office building and then vacated it with 12 years left on the lease, claiming that a minute amount of hazardous materials in building materials from decades earlier justified that decision. CNOOC Petroleum North America ULC v 801 Seventh Inc, 2025 ABKB 145; 2023 ABCA 97 ; 2021 ABQB 861; 2021 ABQB 81 • Acted for energy companies in pipeline releases. • Acted for energy company in dispute with joint venture partner over failure of storage ponds for produced water from hydraulic fracturing operation. • Acted for various energy industry companies in defending multi-million dollar copyright claims over use of seismic data (including 2016 ABQB 356 and 2016 ABQB 230) •
Acted for a group of concerned shareholders in an appeal to the Alberta Securities Commission of a decision of the TSX Venture Exchange. • Acted for Canadian company in multi-million dollar 'bet-the-company' arbitration involving American franchisor. • Successful trial before the Court of Queen's Bench of Alberta in the enforcement of statutory disclosure obligations under the Alberta Franchises Act and Regulation. Mapleleaf Franchise Concepts, Inc. v. Nassus Frameworks Ltd., 2011 ABQB 594. • Acted for and advised aircraft owners, directors, pilots, and estates in cases arising from airplane and helicopter accidents in British Columbia, Alberta and Saskatchewan, including catastrophic component failures, mid-air collisions, and maintenance matters. • Successful appeal to the Alberta Court of Appeal in the issues of res judicata, issue estoppel and abuse of process. Established an important point of procedural law in respect to the re-litigation of legal issues and causes of action. Hnatiuk v. Assured Developments Ltd., 2012 ABCA 97. |