Deron Kuski, Q.C.

Partner

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contact

Office: Regina

Main: (306) 347-8404

Fax: (306) 352-5250

Education & Qualifications

  • Saskatchewan Bar (1998)
  • LLB with Distinction (Saskatchewan, 1997)
  • B.Admin. (Regina, 1994)

Deron practises broadly in the area of litigation which extends to commercial litigation, construction litigation, constitutional law and all aspects of creditor and commercial leasing law. He has particular focus on complex commercial and construction dispute resolution.

Constitutional Litigation

  • Counsel to Government of Saskatchewan on carbon tax appeal to the Supreme Court of Canada.
  • Counsel to Government of Saskatchewan on legalities of equalization formula and construction of pipelines.

Commercial Litigation

  • Counsel for Weyburn Inland Terminal Ltd. in a Plan of Arrangement pursuant to Section 186.1 of The Saskatchewan Business Corporations Act and disputes with a dissident group of shareholders, 2013 SKQB 2090, 2014 SKQB 46, 2014 SKQB 157.
  • GMAC LeaseCo Limited v. Minister of National Revenue, 2002 SKCA 6, represented GMAC successfully against Canada Revenue Agency in relation to a priority dispute over title to leased vehicles.
  • Counsel for Carme Trust in Preservation Order litigation under Enforcement of Money Judgments Act, 2016 SKQB 106, 2016 SKCA 77, 2018 SKCA 77, 2019 SKQB 94, 2019 SKQB 119, 2019 SKQB 283.
  • Counsel for FWS defending injunction application regarding non-competition agreement, 2019 SKQB 47.
  • Counsel for Dr. Wayne Chernoff in shareholder dispute with partner, 2017 SKQB 25.
  • Counsel for Sun Country Health Region defending injunction application by Radiology Associates, 2015 SKQB 330, 2016 SKCA 57.
  • Whitefox Air Inc. v. Gunderson, 2009 SKPC 112, 2010 SKQB 251, 2011 SKQB 411, 2013 SKCA 105, represented owner of aircraft in priority/ownership dispute with former CEO.

Builders Liens

  • Counsel for owners of Swiss Chalet restaurant against several contractors and lien claimants.
  • Counsel for Burns & McDonnell in lien matters against Hipperson Construction and Solid Contractors.
  • Counsel for Cargill Canada Ltd. in a construction lien lawsuit involving delays and cost overruns; see 2010 SKQB 231 for successful Summary Judgment defence.

Real Estate Litigation

  • Counsel for Labuick Investments in breach of lease claim against Carpet Gallery, 2017 SKQB 341
  • Counsel for First Aberdeen in writ of possession application against Loblaws, 2019 SKQB 101
  • Counsel for commercial landlords and purchasers on several occasions in disputes with tenants or sellers regarding leases, options and agreements for sale, including Bryndan Holdings, 2003 SKQB 121; Royop Corporation, 2007 SKQB 86; Harvard Developments Inc., 2012 SKQB 73, 2012 SKCA 102; Cowessess TLE Holdings Inc., 2013 SKQB 65, 2013 SKQB 234, 2014 SKQB 234; 101090442 Saskatchewan Ltd., 2013 SKQB 112, 2014 SKCA 6.
  • Counsel for a large real estate developer in a claim for specific performance of an agreement for sale, 2012 SKQB 112; 2014 SKCA 6; 2015 SKQB 20; 2016 SKCA 66.

Construction Litigation

  • Counsel for SaskPower in large construction arbitration over massive delays and cost overruns on Carbon Capture Plant at Boundary Dam.
  • Counsel for All Seniors Care as owner of senior care facility in litigation regarding major deficiencies and resulting businesses losses (several unreported decisions).
  • UMA/B&V Ltd. et al. v. SaskPower International et al., 2007 SKQB 40, 2007 SKCA 40, 2007 CanLII 40508 (S.C.C). Successfully representing the owner in a trial lasting 18 months on a question of the limits of a professional service firm’s contractual liability in the construction of a power co-generation plant at a mine.
  • Counsel for Morsky Group in construction claim against Woodland Homes related to rink and store construction.
  • Counsel for Harvard Developments in arbitration against Dundee related to Harbour Landing development.
  • Counsel for the pipe manufacturer (Ipsco) in a case involving a leaking pipeline that concluded with a five-month trial.

Debt Collection & Foreclosure

  • Counsel for Investors Group in pre leave cost issues, 2016 SKCA 03.
  • Counsel for Larson Doors in large development mortgage foreclosure action.
  • Counsel for several lenders and creditors in foreclosure, collection and receivership matters, including banks, financial institutions and other public and private lenders and creditors; led a team of lawyers and paralegals in pursuit of creditor’s rights in commercial, residential and farm lending scenarios: TD Bank 2000 SKQB 396; CIBC 2003 SKQB 136; CIBC 2004 SKQB 168; TD Bank 2005 SKQB 95; PMCI 2007 SKQB 185; TD Bank 2009 SKQB 253.

 

Deron regularly represents clients in the Court of Queen’s Bench and the Court of Appeal for Saskatchewan, and is counsel of record in over 150 reported court decisions. He has extensive experience with arbitrations and mediations in Saskatchewan, Canada and internationally.

Deron employs a communicative and responsive client-focused approach to business. He is a results-oriented, complex problem solver with a demonstrated reputation for litigating and arbitrating. He provides practical advice to clients in the course of their projects to avoid disputes and assists in the resolution of disputes when they do arise.

Deron has significant experience representing a broad range of clients including owners, consultants and contractors on issues related to power plants, pipelines, processing facilities, recreational facilities, office buildings, residential and commercial developments, landlords, crown corporations, business owners and shareholders in disputes and many other major construction projects. In respect of construction projects, he has extensive knowledge of the Builders’ Lien Act and has advised on related matters and construction disputes of all kinds. He is often retained due to his practical understanding of complex real estate and commercial issues, disagreements regarding contracts, leases and legal obligations, writ of possession and other landlord and tenant matters.

Deron represents leading banks, financial institutions, lessors and other creditors in receiverships, foreclosures, secured and unsecured claims, and advises on other issues that arise in the areas of leasing and lending generally. He has assisted clients on matters relating to foreclosure and realization disputes.

He has been retained by the Saskatchewan Government to represent it on its carbon tax appeal at the Supreme Court of Canada.

  • Member (2007-present), Chair (2015, 2016), Premier’ s Golf Ball
  • Director  (2014-2016), Chair of Campaign Cabinet (2013-2014), Past Member (2002-2012), United Way Regina
  • Co-Chair, 2013 Grey Cup Concerts Committee
  • Chair (2012), Professional Section Chair (2006-2011), United Way Regina Campaign Cabinet
  • Member, Premier’ s Dinner (Regina) Committee (2007-present)
  • Member, Premier’ s Golf Tournament (Regina) (2007-present)
  • Volunteer Coach, Community Football and Basketball Teams (1997-present)

Memberships:

  • Saskatchewan High Schools Athletic Association (SHSAA)
  • Regina Minor Football (RMF)
  • Regina NFL Youth Flag Football (RYFF)
  • Regina Community basketball Association (RCBA)
  • “Comment on the Schwab Construction Ltd. Decisions of the Saskatchewan Court of Queen’s Bench and Saskatchewan Court of Appeal,” Commercial Insolvency Reporter (June 2002)
  • Recognized as one of Chambers Canada’s top lawyers in General Commercial Litigation (2019)
  • Recognized in Lexpert/ROB Special Edition, as one of Canada’s Leading Lawyers in Infrastructure (2019)
  • A leading practitioner, Corporate Commercial Litigation, Professional Liability, Canadian Legal Lexpert Directory (2019)
  • Recognized as leading lawyer for Professional Liability in Lexpert directories (2018)
  • Appointed Queen’s Counsel (2014)
  • One of Benchmark Canada’s “Future Litigation Stars” (since 2013)
  • Recognized in Best Lawyers, Corporate and Commercial Litigation (since 2013)
  • Alistair M. Nicol Prize (Saskatchewan, 1997)