Kristen MacDonald

Associate

Image for Kristen MacDonald

contact

Office: Saskatoon

Main: (306) 975-7102

Fax: (306) 975-7145

Education & Qualifications

  • Saskatchewan Bar (2012)
  • JD with great distinction (Saskatchewan, 2011)
  • BA (Simon Fraser, 2007)

Kristen is a member of our commercial litigation group, where she assists clients in finding solutions to complex legal problems. She is particularly interested in appellate litigation, and her experience as a clerk at the Supreme Court of Canada provides her with a unique insight into effective appellate advocacy.

  • Great Western Brewing Company Ltd. v Alberta Gaming and Liquor Commission, 2018 ABQB 476, represented Great Western Brewing Company Ltd. in a successful application for an order declaring a liquor markup to be unconstitutional. The markup was challenged on the ground that, by imposing higher markup rates on out-of-province beer, it created a barrier to interprovincial trade and was therefore contrary to section 121 of the Constitution Act, 1867. The Court granted the declaration and also awarded restitution of the amounts unlawfully collected under the markup. This is the first time that a law has been successfully challenged on the grounds that it violates section 121 of the Constitution Act, 1867.
  • Canadian Pacific Railway Company v. Attorney General of Canada, et al., SCC Court File No. 36223, represented Canadian Pacific Railway Company (“CP”) in a successful application for leave to appeal to the Supreme Court of Canada from a regulation made by the Canadian Transportation Agency (the “Agency”). The regulations are being challenged on the ground that the Agency was improperly interfered with by Ministers of the federal government who directed the Agency as to how and when it should exercise its independent regulation-making power. The appeal is scheduled to be heard by the Supreme Court of Canada on December 9, 2015.
  • Robin Hood Management Ltd. et al. v. Gelmich et al., 2014 SKQB 347, represented The Saskatchewan Human Rights Commission (the “SHRC”) in a successful application for an order striking a Statement of Claim relating to a sexual harassment complaint filed with the SHRC by one of the co-defendants. Although decided on other grounds, the Court accepted that there was a strong argument that the SHRC is not a body capable of being sued for damages in tort.
  • Smerek et al. v Areva Resources Canada Inc. et al., 2014 SKQB 282, represented the mining companies in a successful application for an order striking a statement of claim alleging numerous causes of action arising from the signing of a Collaboration Agreement. None of the 39 plaintiffs were parties to the Collaboration Agreement.
  • Procyshyn v. Gabruch et al., QB No. 2038 pf 2011, represented a local law firm in successfully resisting an attempt to certify a class action on behalf of investors seeking millions of dollars in damages relating to investments made with a company operating a ponzi scheme.

Kristen has appeared before all levels of court in Saskatchewan, and has also represented clients in appeals before the Alberta Court of Appeal, the Federal Court of Appeal and the Supreme Court of Canada. In addition to commercial litigation, she practices administrative law and has appeared before a number of regulatory tribunals and the Federal Court.

Kristen attended law school at the University of Saskatchewan, where she was awarded the Law Society of Saskatchewan Gold Medal for most distinguished graduate. Prior to joining the firm in 2012, Kristen clerked for the Honourable Mr. Justice Louis LeBel at the Supreme Court of Canada.

  • Saskatoon Dragon Boat Festival in Support of the Heart & Stroke Foundation – Team Member (2013; 2014)
  • Saskatchewan Law Review – Editorial Board (2009-2010)
  • Pro Bono Students Canada – Volunteer (2008-2009)

Memberships:

  • Canadian Bar Association
  • Saskatchewan Bar Association
  • Saskatchewan Trial Lawyers Association
  • SYPE (Saskatchewan Young Professionals and Entrepreneurs)
  • Law Society of Saskatchewan Gold Medal (2011)
  • The Honourable Donald Alexander McNiven Prize in Law (2011)
  • Canadian Bar Association – Saskatchewan Branch Award of Excellence (2010)
  • Canada Law Book Company Prize (2009, 2010, 2011)
  • Saskatchewan Law Review Honour (2010)
  • Blakes Scholar Award (2009, 2010)
  • Canada Law Book Company Prize (2009, 2010, 2011)
  • William Elliott Scholarship in Law (2008)
  • Undergraduate Scholarships (Simon Fraser, 2004-2007)
  • Kenneth Strand National Entrance Scholarship (Simon Fraser, 2003)