Jonathan (Jon) Bourchier’s practice focuses primarily on complex commercial disputes.
- 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 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 Alberta Builders’ 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 Queen’s Bench Amicus Project, a pro bono project that helps unrepresented and disadvantaged litigants in the Court of Queen’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
- Finalist, Lexpert Rising Stars
- Dean’s List and First Class Standing, Faculty of Law, University of Alberta