Ryan Lepage

Partner

Saskatoon

Image for Ryan Lepage

Education & Qualifications

  • British Columbia Bar (2022)
  • Saskatchewan Bar (2011)
  • JD with distinction (Saskatchewan, 2010)
  • B.Comm. with distinction (Saskatchewan, 2008)

Ryan practises litigation involving complex commercial disputes. He has been involved in proceedings before various trial and appellate level courts, including the Supreme Court of Canada.

  • Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39, counsel for Canadian National Railway before the Supreme Court of Canada in a successful appeal on a landmark decision clarifying a lawyer’s duty of loyalty to clients, as well as the scope of conflicts of interest rules governing the legal profession in Canada. The decision was named by Lexpert Magazine as the most significant case in Canadian litigation for 2013
  • Counsel for the Saskatchewan Medical Association in KBG-RG-446-2023 in relation to an intervention in a judicial review application.  The application involved arguments regarding the doctrine of res judicata as it relates to decisions by the CPSS Registrar and Executive Committee in the context of approval to prescribe Opioid Agonist Therapies
  • Keith Anstead v. Saskatchewan Medical Association, 2023 SKKB 226 – counsel for the defendant, Saskatchewan Medical Association, in relation to a class action proceeding by certain physicians seeking damages in relation to allegations of a breach of a duty of fair representation and breach of fiduciary duty in negotiations on their behalf with the Ministry of Health
  • Counsel for Wright Construction Western Inc. in KBG-SA-1174-2023 in relation to a defence and counterclaim in an action seeking more than $1.4 million regarding an asbestos remediation subcontract associated with the University of Saskatchewan WP Thompson Project.  The claim involves allegations relating to scope changes, work deficiencies, and performance bonds
  • 2238649 Alberta Ltd. v. Graham Design Builders Ltd.et al, 2022 SKQB 190, counsel for the defendant, Graham Design Builders Ltd., in relation to a claim seeking more than $23 million in damages relating to allegations of scope changes and delay claims associated with the electrical subcontract for the North Battleford Hospital Project.  The cited decision involved a successful application for security for costs, resulting in a staged security order of approximately $100,000.  As of the date of its issuance, it was amongst the largest reported security for cost orders under Rule 4-22
  • Counsel for the plaintiff K+S Potash Canada General Partnership in KBG-SA-37-2020, in relation to a claim seeking damages of more than $5 million regarding the process design of an evaporation, clarification and crystallization system.  The action involves allegations relating to design and supply deficiencies, warranties, breach of contract, as well as negligence and gross negligence
  • Counsel for the defendant Lac La Ronge Indian Band in KBG-SA-1311-2020, in relation to a claim seeking more than $2.6 million arising from the construction and installation of water and wastewater services.  The action involves allegations relating to scope changes and other remedies under The Builders Lien Act
  • Counsel for the defendant Saskatchewan Research Council in KBG-SA-546-2019 in relation to a claim for approximately $9 million and a counterclaim of approximately $4.7 million arising from the remediation of the decommissioned Gunnar Uranium Mine and Mill site in Northern Saskatchewan.  The action involves allegations relating to delay claims, unpaid invoices, and work deficiencies
  • Co-counsel for the plaintiff K+S Potash Canada General Partnership in KBG-SA-508-2018 in relation to a claim seeking more than $180 million as a result of the collapse of a crystallizer vessel in the processing plant at the Legacy Project.  The action involves complex allegations relating to design deficiencies, delay and disruption, and loss of production
  • Counsel for the City of Regina in KBG-RG-1128-2018 in relation to a defence and various cross-claims arising from a fire loss at the GM Plant facility in Regina.  The cross-claim seeks more than $6.1 million and involves allegations relating to insurance, breach of contract and negligence
  • Black & McDonald Ltd. v. Graham Design Builders LP  2019 SKQB 161, counsel to Black & McDonald Ltd. in a successful action relating to the construction of a hospital. The dispute involved a $41-million subcontract relating to the mechanical and electrical scope of the project and resulted in an award in favour of Black & McDonald Ltd. of over $16 million. The decision was amongst the first reported in the context of Integrated Project Design (IPD) in Canada
  • Canadian National Railway Company v. Viterra Inc. et al., 2017 FCA 6, counsel for Canadian National Railway before the Federal Court of Appeal in a successful appeal under the Canada Transportation Act, overturning a decision of the Canadian Transportation Agency in relation to the level of service provided by the railway in the context of the historic grain crop of 2013
  • Counsel for The Owners: Condominium Corporation No: 101186274 in KBG-SA-00153-2017, in an action relating to claims of defamation and construction deficiencies seeking more than $1 million in damages
  • BHP Billiton Canada Inc. v. Alto Construction Ltd., QB No. 989 of 2016, counsel for BHP Billiton Canada Inc. in an action involving indirect costs associated with construction of a cold storage warehouse and construction delays
  • BHP Billiton Canada Inc. v. Clean Harbors Lodging Services, QB No. 1247 of 2015, counsel for BHP Billiton Canada Inc. in an action involving a dispute over a camp services contract and asset rental costs associated with the same due to delayed demobilization
  • Jackson v. Canadian National Railway, 2015 ABCA 89, recovering over $400,000 in costs relating to the successful defence of a significant class action. As of its issuance, the cost award represented the largest reported quantum to date in the context of Alberta class proceedings
  • Saskatoon & Region Home Builders’ Association Inc. v. The Children’s Wish Foundation of Canada, 2014 SKQB 89, counsel for the Children’s Wish Foundation in a successful application for summary judgment regarding the use of provincial lottery proceeds. The application resulted in costs awarded to the Foundation on a solicitor and client basis for the first time in the context of the revised summary judgment regime in Saskatchewan
  • Jackson v. Canadian National Railway, 2013 ABCA 440, aff’g 2012 ABQB 652 (leave to appeal to SCC dismissed May 29, 2014, SCC No. 35730), successfully representing the defendant railways on an appeal of the dismissal of an application for certification of a class action seeking hundreds of millions of dollars as a result of the alleged overcharging for carriage of grain in western Canada and the granting of an application for summary judgment in favour of the railways
  • Mosaic Potash Esterhazy Limited Partnership v. Potash Corporation of Saskatchewan Inc., 2011 SKCA 120, represented Mosaic Potash (Esterhazy) Ltd. in a significant action involving potash reserves and mining practices in motions and appeals, including a leading appellate decision on interlocutory injunctive relief in Saskatchewan
  • Fission Energy Corporation, successfully resisting an application under The Crown Minerals Act challenging significant mineral claims granted in Northern Saskatchewan
  • Schofield v. City of Saskatoon, QB No. 1074 of 2011 (unreported order dated June 14, 2012), representing the City of Saskatoon in successfully resisting an attempt to certify a class action relating to a dispute over contributions to and benefits from a pension plan spanning a 42-year period

Ryan Lepage practises in complex commercial litigation and arbitration. He has experience with significant class actions, insurance, regulatory and construction litigation. He has appeared before the trial and appellate courts in Saskatchewan and Alberta, the Federal Court and Federal Court of Appeal and the Supreme Court of Canada.

  • Co-presenter, “Key Corporate Governance Principles for Non-Profit Corporations,” CPA Saskatchewan (Saskatchewan, 2019)
  • Co-presenter, “Board Governance: Duties, Liabilities and Conflicts of Interest”, CPA Saskatchewan (Saskatchewan, 2017)
  • “Summary Judgment in Saskatchewan,” Mid-Winter Meeting, Canadian Bar Association (2015)
  • Named a Leading Practitioner, Corporate Commercial Litigation, Canadian Legal Lexpert Directory (2020-present)
  • Award of Distinction for top bar admission course performance, Law Society of Saskatchewan (2011)
  • Best Overall Advocate Award, Sopinka Cup National Trial Competition, American College of Trial Lawyers (2010)
  • Best Cross-Examination, Sopinka Cup National Trial Competition, American College of Trial Lawyers’ (2010)
  • Best Examination in Chief, Sopinka Cup National Trial Competition, American College of Trial Lawyers’ (2010)