Harold MacKay, O.C., S.O.M., Q.C.

Counsel

Image for Harold MacKay, O.C., S.O.M., Q.C.

contact

Office: Regina

Main: (306) 347-8417

Fax: (306) 352-5250

Education & Qualifications

  • Saskatchewan Bar (1964)
  • LLB (Dalhousie, 1963)
  • BA with great distinction (Saskatchewan, 1960)

Harold MacKay is a former Managing Partner and Chairman of the firm. His principal practice focus is on commercial dispute resolution and governance.

Corporate Governance and Board Experience:

  • Governance adviser to public and private for-profit companies, industry associations, governments and government-owned corporations and not-for-profit bodies
  • Director, Capital Markets Authority  Implementation Organization (current)
  • Director, The Toronto-Dominion Bank (NYSE, TSE) (2004-2016)
  • Non-executive Chairman, Domtar Corporation (NYSE) (2007-2014)
  • Director, The Mosaic Company (NYSE) (2004-2013)
  • Lead Director (1999-2002), Director (1995-1997), Bank of Canada
  • Vice President (1976-1977), Director (1993-1999), IPSCO Inc. (TSX, NASDAQ, NYSE)
  • Chair (1981-1985), Director (1975-1985), Federal Business Development Bank

Commercial Dispute Resolution:

  • Member and chair of panels adjudicating disputes under Alberta Power Purchase Arrangements.
  • Chair of a tribunal in a gas pricing dispute between Canadian producers and United States electrical utilities, including issues of contract interpretation and establishing a new pricing formula.
  • Chair of a panel in last offer commercial arbitrations between multi-national companies involving liability and damages issues arising out of energy trading joint venture agreements in Canada and the United States.
  • Chair of a panel to determine how a mineral royalty should be calculated where escalation indices in the agreement had been discontinued.
  • Member of a panel in a dispute involving the right of a supplier of materials to terminate a long-term supply contract with a manufacturer, requiring determinations of complex accounting issues.
  • Chair of a panel in a dispute involving payment and financial issues under an offshore oil and gas joint venture operating agreement.
  • Sole arbitrator in force majeure disputes under a commodity supply agreement and a pipeline joint venture project agreement.
  • Chair of a panel in an ICC arbitration regarding the termination of a South American oil and gas exploration agreement.
  • Chair of a panel to establish a replacement pricing mechanism under an agreement for the sale of Nova Scotia gas.
  • Member of a panel in final offer UNCITRAL proceedings to settle the terms of an offshore oil processing agreement.

Harold has acted as sole arbitrator and mediator, and as a member and Chair of Panels adjudicating significant commercial disputes, including contract matters involving liability, force majeure and damages issues, the determination of commodity pricing and royalties under long term agreements, and the resolution of accounting and other complex financial disputes. He has chaired boards and board committees on governance, related party transactions and risk management as a director of public companies and Crown corporations in the forestry, banking, insurance and mining sectors.

  • Chair, Saskatchewan Institute of Public Policy (2001-2005)
  • Clifford Clark Visiting Economist, Department of Finance (Canada) (2002-2004)
  • Chair, Task Force on the Future of the Canadian Financial Services Sector (1997-1998)
  • Special Representative of the Minister, Saskatchewan Post Secondary Education (1996)
  • Past Governor, Council for Canadian Unity
  • Founding Co-Chair, Provincial Action Committee on the Saskatchewan Economy
  • Former President, Ranch Ehrlo Society
  • Former Governor, Donner Canadian Foundation
  • Former Governor, Canadian Tax Foundation
  • Former President, Canadian Bar Association, Saskatchewan Branch

 

  • One of Canada’s Leading Lawyers in The Canadian Lexpert Legal Directory – International Commercial Arbitration (since 2003)
  • Peter Lougheed Award for Leadership in Public Policy (2013)
  • Fellow of the Institute of Corporate Directors (2013)
  • Member of the Dalhousie University Bertha Wilson Honour Society (2012)
  • One of Benchmark Canada’s “Litigation Stars” – Arbitration (since 2013), General Commercial (2016)
  • Named by Best Lawyers as Lawyer of the Year – Corporate Governance Practice (2018)
  • One of the Best Lawyers in Canada – Corporate Governance, Alternative Dispute Resolution (since 2012)
  • Lexis-Nexis / Martindale-HubbellAV Peer Review Rated”
  • Saskatchewan Order of Merit (2009)
  • Canadian Bar Association Distinguished Service Award, Saskatchewan Branch (2006)
  • Saskatchewan Centennial Medal (2005)
  • Appointed an Officer of the Order of Canada (2002)
  • Doctor of Laws (honoris causa) (Regina, 2002)
  • University of Saskatchewan Alumni Award of Achievement (2000)
  • Appointed Queen’s Counsel (1980)