MLT AIKINS LLP | MLTAIKINS.COM
Jonathan Bourchier
Partner
Jon’s practice focuses primarily on complex commercial disputes.
Education & Qualifications
- Alberta Bar (2009)
- LLB with distinction (Alberta, 2008)
Languages
More about me
- Acted for a major Canadian financial institution in Royal Bank of Canada v Simmer, 2026 ABKB 250, securing summary judgment on defaulted credit facilities and a significant costs and interest award, despite a heavily contested proceeding involving a counterclaim and lengthy litigation history
- Acted as appellate counsel for the appellant in Crawford v Marsh, 2024 ABCA 121, where the Alberta Court of Appeal allowed the appeal and restored an action dismissed for long delay, providing important guidance on what constitutes a “significant advance” under Rule 4.33 of the Alberta Rules of Court
- Represented the appellant in Round Hill Consulting Ltd v Parkview Consulting Ltd, 2025 ABCA 195, a corporate dispute involving allegations of fiduciary breach, oppression and counterclaims for accounting, resulting in the Court of Appeal allowing the appeal and clarifying the functional analysis for delay and counterclaims proceeding in tandem
- Appeared for the respondents/cross‑appellants in Kleiman v Innes, 2026 ABCA 112, a high‑stakes estate and fiduciary litigation involving alleged misappropriation of more than $1.7 million and contested attachment orders under the Civil Enforcement Act, where both the appeal and cross‑appeal were dismissed
- Acted as appellate counsel for the appellant in Calgary Co‑operative Association Limited v Federated Co‑operatives Limited, 2025 ABCA 142, a landmark co‑operative law and oppression case involving the implementation of a new loyalty program and the distribution of patronage, including extensive analysis of reasonable expectations, business judgment and equitable treatment of members
- Acted for landowners and affiliated entities in The Micro Collective Inc v Hutterian Brethren Church of Tschetter, 2025 ABKB 618, successfully obtaining discharge of builders’ liens where the Court held the liens had ceased to exist due to late entry into the Land Titles pending registration queue, providing important guidance on lien deadlines, the Torrens system and the limits of judicial discretion under the Builders’ Lien Act and Land Titles Act
- Acting for a privately owned company in respect of various disputes arising from the design and construction of a $150-million natural gas processing plant
- Various construction project disputes, including contractual, negligence, workplace and builders’ lien claims
- Mylonas v. Kadman, 2018 ABQB 536, successful Application for Security for Costs against corporate and individual Defendants in relation to an action arising from property development and construction projects in and around Calgary. When the Security for Costs Order was later appealed, successfully defended an Application to revive and continue the appeal, resulting in the dismissal of the Appeal, and the striking of the action below (Mylonas v. Kadman, 2019 ABCA 39)
- Lay v. Lay, 2017 ABQB 29, successfully obtained a Summary Dismissal of Plaintiffs’ claims alleging breach of statutory duties and negligence, deceit and misrepresentation, breach of trust and fiduciary duty, unjust enrichment, conspiracy and oppression, in addition to recovering costs for the respondent in excess of $500,000; successfully defended an appeal of the decision in Lay v. Lay, 2019 ABCA 21
- JR v. The University of Calgary, 2012 ABQB 342, a multi-week trial successfully defending allegations of post-traumatic stress disorder allegedly caused by dismissal
- Enforcing a real property purchase agreement for a major Canadian property management and investment company
- Defending allegations of a breach of an alleged distribution agreement for a major North American ski equipment manufacturer
- Defending allegations of breaches of royalty, net profit interest, farmout and pooling agreements for major Canadian oil and gas companies
- The foreclosure and transfer of title of several major commercial buildings in downtown Calgary for a major North American property owner and developer
- Representing individuals and estates in complex estate actions
- Interpreting and enforcing rights through Builders’ Liens, including by contractors and landowners
- Interpreting and enforcing rights by way of injunction and Anton Piller Order
- Interpreting and enforcing rights and obligations of owners, developers, landlords and tenants under commercial leases
- Interpreting and enforcing rights and obligations of shareholders, including the valuation of shares
- Interpreting and enforcing rights and obligations under licence and distribution agreements
- Advising clients from all sectors respecting employment issues including, for example, dismissals, allegations of wrongful conduct and the enforcement and application of Garnishee Summons
Jon is the practice group lead for advocacy in the firm’s Calgary office. He has significant experience in a broad range of areas including, for example, secured lending enforcement and restructuring, oil and gas litigation, construction litigation, foreclosures and collections, employment issues, shareholder oppression actions, insurance coverage claims and representing individual litigants in debt, estate and damage claims. Jon represents leading companies throughout Western Canada at all levels of the dispute process, including in Chambers and through private mediations and arbitrations. His focus is on reaching successful resolutions to his clients’ issues efficiently and with creative problem solving.
Jon acts for leading companies on issues related to service and supply contracts; allegations of negligence and faulty workmanship; royalty, net profit interest, farmout and pooling agreements; environmental contamination; crop loss claims; joint venture and joint operating agreements; seismic data; distribution and licensing agreements; mortgages (commercial and residential); commercial leases; shareholder rights; property taxes; and fraud, conspiracy and breach of fiduciary duty claims.
Jon has extensive knowledge of the Prompt Payment and Construction Lien Act and related matters and is often retained due to his practical understanding of the development of real property projects and related issues.
Jon actively volunteers his time in the community, and in 2013 he helped establish and organize the King’s Bench Amicus Project (then the Queen’s Bench Amicus Project), a pro bono project that helps unrepresented and disadvantaged litigants in the Court of King’s Bench of Alberta.
- Volunteer, Pro Bono Law (Alberta)
- Committee Member and Volunteer, Civil Claims Duty Counsel Project, Pro Bono Law (Alberta)
- Organizer and Volunteer, Queen’s Bench Amicus Project, Pro Bono Law (Alberta)
- Recognized as a 2025 Thomson Reuters Stand-out Lawyer
- Recognized in the 2026 (and since 2019) edition of Benchmark Litigation (Future Star)
- Recognized in Lexpert Rising Stars
- Dean’s List and First Class Standing, Faculty of Law (Alberta)