Commercial Litigation

• 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.
• 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.
• 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 (Mosaic Potash Esterhazy Limited Partnership v. Potash Corporation of Saskatchewan Inc., 2011 SKCA 120).
• L.T.V. Investments Inc. v. Saskatchewan Telecommunications, 2009 SKCA 83, leave to appeal refused (S.C.C. March 11, 2010), obtained summary judgment dismissing a derivative action in a complex commercial case.
• Ceapro v. Sask (Government) et al., (2008) 326 Sask R. 7, dismissing a $9 million claim against an investment fund following a five-month trial.
• Represented Fission Energy Corporation, successfully resisting an application under The Crown Minerals Act challenging significant mineral claims granted in Northern Saskatchewan (2013).
• Schofield v. City of Saskatoon, QB No. 1074 of 2011, 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.

Our goal is to effectively and efficiently resolve commercial disputes, such as those involving commercial contracts, intellectual property claims, tax litigation, banking, construction and property claims, disputes over pension funds and compensation, investors’ claims and insurance-related issues, particularly those dealing with business losses. As appropriate to each circumstance, our lawyers bring to bear significant experience in court or by alternative dispute resolution strategies and techniques.

We are able to quickly assemble dedicated teams of seasoned litigators in any office to deal with even the most complex claims, especially defence of class actions. Our litigators are supported by paralegals with extensive electronic document management experience at major civil jury and non-jury trials and public inquiries.

Our lawyers have successfully argued significant cases in Manitoba, Saskatchewan, Alberta and B.C. as well as Ontario and the North West Territories. We represent businesses, governments and Crown corporations, not-for-profit organizations, and individuals. We have represented clients in all manner of actions before superior courts, the Federal Court and the Supreme Court of Canada.