1993

Alberta

1992

Osgoode Hall Law School, Bachelor of Laws

1991

University of Regina, Bachelor of Administration with Distinction

Fellow, Chartered Institute of Arbitrators

Western Canada Commercial Arbitration Society

United States-Mexico-Canada Agreement, Article 31.22 Advisory Committee on Private Commercial Disputes

Fellow, Construction Lawyers Society of America

ADR Institute of Canada, Inc.

ADR Institute of Alberta

Law Society of Alberta

Calgary Bar Association

Canadian Bar Association

Arbitrator Rosters and Panels:

  • Ontario IESO Dispute Resolution Panel
  • Vancouver International Arbitration Centre
  • International Centre for Dispute Resolution Canada
  • ADR Institute of Canada, Inc. (including the Commercial Arbitrations Roster)
  • ADR Institute of Alberta
  • American Dispute Resolution Center

In addition to having served on the Board of ADRIA, Bryan was the Vice-Chair of the Advisory Board of The Children’s Wish Foundation of Canada (Alberta and N.W.T Chapter), and a member of the Advisory Board of ThinkFirst Foundation of Canada (Calgary Chapter).

In 2019, Bryan was recognized for 25 years of volunteer service with Calgary Legal Guidance, which provides legal assistance and information to disadvantaged persons who would not otherwise have access to such services.

In 2015, he became involved with the Kids Cancer Care Foundation of Alberta as a member of the Board.  In addition, Bryan has served as the Chair of the Evaluations & Compensation Committee and as a member of the Nominations & Governance Committee. He is now the Chair of the Nominations & Governance Committee, as well as the Corporate Secretary and a member of the Executive Committee.

In his earlier life, Bryan used his second-degree black belt in Kempo karate to teach and train (and to put himself through law school by "bouncing" at Ye Olde Brunswick House in Toronto). Now, he enjoys travelling, hiking, longboarding, reading, and snowshoeing.

Bryan is also an avid cyclist. He was a National Rider for the Sears National Kids Cancer Ride which saw him cycling as part of a team from Vancouver to Halifax in twelve days in June 2009 to raise awareness and funds for kids cancer. Bryan continues to cycle in support of this cause. Since 2009, he has travelled more kilometres annually on his cycle than in his car.

2020 - 2023

Chambers Canada
Litigation: General Commercial (AB)
Band 4

2018 - 2024

Best Lawyers
Alternative Dispute Resolution

2024

Best Lawyers
Bet-the-Company Litigation 

2021 - 2024

Best Lawyers
Construction Law

2021 - 2024

Best Lawyers
Corporate and Commercial Litigation

2020 - 2024

Best Lawyers
Energy Law

2022 - 2024

Best Lawyers
International Arbitration

2014 - 2022

Benchmark Litigation
Litigation Star

2018, 2020 - 2021

Lexpert
Commercial Litigation
Repeatedly Recommended

2020 - 2021

Benchmark Litigation
Alberta Litigator of the Year (shortlisted)

2019 - 2021

Who's Who Legal
Recommended
Arbitration Canada

Bryan C. Duguid KC, FCIArb

"His approach has been very effective. He is patient and plays a long-term strategy. "
- Client interview, Chambers & Partners

As counsel or as arbitrator, Bryan focuses exclusively on the resolution of corporate and commercial disputes.

As lead or sole counsel, he represents international and domestic corporations (commonly the largest and leading in their industries), but also privately-held start-ups and individuals.

In 2014, Bryan was appointed as Queen’s Counsel (now King's Counsel), and as a Fellow of the UK-based Chartered Institute of Arbitrators. In 2018, he was inducted as one of the maximum of twelve Alberta Fellows of the Construction Lawyers Society of America. In 2019, Bryan was appointed for a five-year term as one of three members of the Dispute Resolution Panel for the Ontario Independent Electricity System Operator. In 2020 and 2021, he was shortlisted by Benchmark Litigation as the Alberta Litigator of the Year. Bryan is also a member and a director of the Western Canada Commercial Arbitration Society. 

In 2023, the ADR Institute of Canada, Inc. granted Bryan the Lionel J. McGowan National Award of Excellence in Dispute Resolution, which is awarded only to one person in Canada annually, recognizing Bryan's outstanding contributions in supporting, developing, and promoting ADRIC on a national scale and over the long term

Bryan is recognized by Who’s Who Legal for "exceptional work in international arbitration proceedings" and as having "outstanding expertise in national and international commercial and civil litigation". He has been selected by his peers as one of The Best Lawyers in Canada in international arbitration and alternative dispute resolution, and for construction, corporate-commercial, and energy disputes. Benchmark recognizes Bryan as a Litigation Star in arbitral, commercial and energy disputes. Chambers Canada and Lexpert have identified Bryan as a leading lawyer who is repeatedly recommended for corporate-commercial disputes.

Bryan started his legal career by articling with a major international law firm, Blake, Cassels & Graydon LLP.  He was an associate for 5-½ years, and a partner for 10 years. Bryan then joined Jensen Shawa Solomon Duguid Hawkes LLP in 2009, serving as its Managing Partner from 2013 to 2014, and Firm Chairperson from 2015 to 2019.

Experience

Bryan has extensive experience as an advocate and advisor, including as arbitration counsel, trial lawyer and appellate counsel on high stakes and high profile matters before all levels of the courts of Alberta, arbitral panels, sole arbitrators, the Alberta Utilities Commission (AUC), and the Federal Court of Canada and has acted on both sides of applications for leave to the Supreme Court of Canada, including an early 2015 decision that he obtained on behalf of Shell Canada Limited, dismissing an application for leave to appeal.

Often, Bryan is retained on complex, factually- and document-intensive disputes involving at least tens of millions of dollars.

For instance, in late 2022/early 2023, Bryan was co-lead counsel for TotalEnergies EP Canada Ltd. (TEPCA) in a high-stakes, exceedingly fast-tracked dispute regarding a right of first refusal (ROFR) by TEPCA over a $1 billion transaction through which Suncor Energy Inc. (SEI) would acquire the entire interest of Teck Resources Limited (Teck) in the Fort Hills Oil Sands Project.  The intended closing date for the transaction was the end of January 2023.  TEPCA alleged that there was no valid ROFR notice issued and that, as a result, the transaction would be void.  The issues included the extent and nature of the duty of good faith in Canadian contract law and whether that duty trumps conflicting contractual clauses, the test and nature of the evidence necessary to have the Court determine that a ROFR notice is invalid, and many other issues.

 Also, Bryan was co-lead counsel for National Oilwell Varco, retained on short notice for a 3½-month long trial in 2017, involving claims totalling more than $90 million arising out of a corporate acquisition, including an indemnity claim for alleged premature revenue recognition in breach of the GAAP representation in the governing Purchase and Sale Agreement.

 In addition, in 2016, Bryan was lead counsel representing TransCanada Energy Ltd. and ASTC Power Partnership in disputes related to the termination of Power Purchase Arrangements, including proceedings that have been described as undoubtedly "one of the more complex and high-profile judicial review proceedings" ever commenced in Alberta.

 

Generally, Bryan's approach to disputes is driven by his experience with numerous fast-tracked arbitral disputes and his strongly held beliefs in the importance and benefits of:

  • Ensuring clarity on (instead of assuming an understanding of) the goals of the client(s);
  • Determining at the outset the prospects of success, quantum, and estimated legal costs, and taking the proactive responsibility to update the client on those assessments as the matter unfolds;
  • Setting at the outset an overall strategy to maximize the chances of success on each unique dispute, to be used as the guide for all decisions;
  • Using rigorous project management skills to organize and execute on the plan;
  • Expressing complex concepts and arguments in clear and simple terms;
  • Advancing only the positions that have a reasonable prospect of success;
  • Contesting or pursuing only the interlocutory or other issues that matter;
  • Communicating responsively and continually with the client;
  • Delegating to the lawyer most appropriate to the task, taking into account skills and experience, and seeking to maximize the result at the lowest cost; and
  • Capitalizing to the extent possible on the client's own resources.

For experience as arbitration counsel or as arbitrator, see “Arbitrations” section below.

Sample experience in other main practice areas includes:

Construction Disputes

  • Lead counsel representing corporations such as Johns Manville, Husky Energy Inc., Gulf Chemicals & Metallurgical Corporation, EPCM firms and suppliers, in trial, appellate, and arbitral proceedings involving projects such as pipeline, oilsands and facility construction disputes over tens of millions of dollars of complex claims about delay, cost overruns, lost profits, project cancellation, liens, and other issues.
  • Significant experience with major, highly technical, document-heavy, fast-tracked construction and force majeure disputes, from start to finish in months.
  • Examples of lead counsel work and arbitral appointments include:
    • Husky Oil Operations Limited ("Husky") v Ledcor Industries Limited: counsel for Husky in a nine-week-long trial (2003 ABQB 751) and an appeal (2006 ABCA 122) regarding cost overruns and delays on the construction of a 62-kilometre sour gas pipeline loop in Alberta. The major legal issue was the effect of a verbal change in the governing contract from lump sum/fixed price to a cost-plus basis.
    • Johns Manville et al ("JM") v VECO Corporation: counsel for JM in extraordinarily fast-tracked arbitration proceedings involving highly technical and factually complex delay, cost overrun, and lost profits claims totaling approximately USD $30 million, arising out of the construction of a fiberglass manufacturing facility. There was a six-month start-to-finish period, from the date on which the arbitrator was appointed to the closing day of verbal argument at the six-week-long hearing involving 25 fact and expert witnesses and overtime sitting hours per day.
    • City of Richmond v Johns Manville et al: counsel for JM in defending a claim regarding the roof for the speed skating oval constructed in Vancouver for the 2010 Winter Olympics.
    • AREVA Resources Canada Inc v WorleyParsons Canada Services Ltd ("WorleyParsons"): counsel for WorleyParsons in defending a $15-million claim for alleged breaches of contract and negligence arising from cost estimating and engineering work for a uranium mine expansion project in northern Saskatchewan.
    • MEG Energy Corp v WorleyParsons et al: counsel for WorleyParsons in defending a $5 million claim arising from a tank explosion at an oilsands facility in northern Alberta, involving multiple parties.
    • Early successful resolution of a dispute on behalf of a major supplier for an oilsands project that was cancelled, having regard to the cancellation costs provisions in the governing agreement.
    • Associated Asbestos Services Ltd v Nexen Inc: counsel for Nexen in arbitral and related court proceedings regarding the demolition of a gas plant owned by Nexen in Alberta.
    • Appointments as sole arbitrator or as member of a tribunal in a variety of confidential industrial, commercial, and residential construction disputes.
    • Various force majeure disputes involving tens of millions of dollars for Buyers under Power Purchase Arrangements in the Alberta power industry, involving technical issues regarding the construction of power plants and whether the cause and duration of plant outages were beyond the reasonable control of the Owner.

Regulatory and Administrative Law Matters (Power Industry)

  • Lead counsel for TransCanada Energy Ltd. and ASTC Power Partnership in administrative law proceedings regarding the termination of Power Purchase Arrangements involving an alleged amount of $2 billion.
  • Lead counsel for the Independent Power Producers Society of Alberta (comprised of all major power generation companies in Alberta) on various matters including precedent-setting rule-objection hearings, with wide-spread industry ramifications, that were amongst the first major matters in front of the AUC after its creation as of January 1, 2008.
  • Appointed in 2019 for a five-year term as one of three members of the Dispute Resolution Panel for the Ontario Independent Electricity System Operator (“IESO”) to resolve disputes between the IESO and market participants or between market participants.
  • Represent and advise clients in the electricity industry in respect of investigations and other activities of the Alberta Market Surveillance Administrator (MSA), and whether such activities are within its statutory mandate and jurisdiction. Successfully advanced the first challenge/complaint over the conduct of the MSA, resulting in a decision by the Chair of the (former) Alberta Energy and Utilities Board that the conduct of the MSA was "inappropriate" and a breach of its duty to act in a fair and responsible manner.
  • Consulted by a variety of clients to provide input and comment to the legislators on statutory and regulatory developments in the electricity industry, including consultations regarding the Electric Utilities Act Section 6 Committee to develop principles to better define "fair, efficient, and openly competitive", the draft Alberta Utilities Commission Act, and draft versions of the Market Surveillance Regulation proposed in 2006 and 2007, and advice to clients as the legislative framework evolved. 

International Disputes

  • Lead counsel to Shell Canada Limited (“Shell”) in response to an application for the Alberta Court of Queen's Bench to authorize testimony to be obtained from a Shell representative. The letters rogatory application was brought in Calgary on behalf of plaintiffs in a multi-jurisdictional class action consisting of over 50 actions in the United States, consolidated before the Kansas Courts. Shell was not a party to the U.S. proceedings, which sought billions of dollars from a number of United States companies. The decision of the Chief Justice represented substantial success on behalf of Shell.
  • Represented an Indonesian body corporate in a USD $2 billion claim arising from the misappropriation of corporate opportunity in the nature of mining concessions in the Republic of Indonesia, involving issues of jurisdiction and proper forum, technical mining issues, complex comparative corporate law questions, and a variety of causes of action.
  • Represented a large Calgary-based multinational and certain of its affiliates in proceedings brought by an Ontario corporation seeking to have the Alberta Court recognize and enforce an international arbitral award against a Middle Eastern country in an amount exceeding $26 million. Various motions were successfully brought to resist the recognition and enforcement of the arbitral award and to set aside the ex parte Order allowing pre-judgment issuance of garnishee summons.
  • Lead counsel in cross-border litigation involving tens of millions of dollars arising from a claim that a long-term natural gas purchase and sale agreement had been frustrated or repudiated. Dispute fought on parallel tracks before the Courts of Alberta and Massachusetts, with simultaneous jurisdictional and forum challenges, involving a variety of questions of private international law, settled ultimately by the Alberta Court of Appeal.

Oil & Gas Disputes

  • Counsel on a range of disputes including long term natural gas agreements, technical issues regarding the transportation and blending of heavy oil, gas processing fees, operatorship issues and challenges, royalty agreements, the misuse of confidential information, CO & O and JV agreements, ROFRs, drainage disputes, joint interest billings, and seismic data.

Arbitrations

For more than 30 years Bryan has been focused on the resolution of business disputes. Over that time, the arbitral portion of his practice has increased progressively, such that it now comprises a high majority, involving complex matters typically with at least tens of millions of dollars at stake.

Bryan has obtained full-ranging experience as lead or sole counsel in arbitration proceedings and hearings in various industries, including Power Purchase Arrangement arbitrations in the Alberta electricity industry, construction disputes, and commercial disputes.

In 2005, he obtained a Certificate in Arbitration from the Alberta Arbitration and Mediation Society (now the ADR Institute of Alberta) (ADRIA), based on 11 different relevant courses including 62 hours in attendance and additional preparatory reading and other work.

In 2014, Bryan was admitted as a Fellow (FCIArb) of the worldwide London, UK-based Chartered Institute of Arbitrators.

Bryan has experience serving as an arbitrator or referee including:

  • Appointed in 2021 as one of two Standing Referees to constitute the Commercial Referee Panel to resolve all non-technical disputes between the City of Edmonton and Marigold Infrastructure Partners Limited Partnership under the Project Agreement for the construction of the Edmonton Valley Line West LRT project that will operate between 102 Street in downtown Edmonton and Lewis Farms in west Edmonton (the “Project”). The Project commenced in 2021, and it is expected that it will require five to six years to complete, at a cost of $2.6 billion.
  • Appointed by the parties as sole arbitrator on a construction dispute administered by VanIAC, involving tens of millions of dollars, between a provincial Crown corporation and a global equipment manufacturer and supplier, regarding a significant infrastructure project.
  • Appointed in 2019 for a five-year term as one of three members of the Dispute Resolution Panel for the Ontario Independent Electricity System Operator (“IESO”) to resolve disputes between the IESO and market participants or between market participants.
  • Sole arbitrator on an ICDR Canada-administered dispute regarding a mine remediation project.
  • Sole arbitrator appointed by the Canadian federal government and a construction company regarding a dispute arising from a bridge rehabilitation project.
  • Party-appointee to the arbitral panel in a construction dispute, involving claims totaling approximately $20 million in respect of a gas processing facility.
  • Sole arbitrator on a commercial dispute administered by ICDR Canada.
  • Appointed by the parties as sole arbitrator on a construction dispute.
  • Appointed by the parties as referee on a commercial dispute, between a municipal government and a commercial entity, with extraordinarily fast-tracked timelines.
  • Appointed by the Court as sole arbitrator for a long-term commercial lease dispute.
  • Appointed by co-arbitrators as Chair of the panel for a sports arbitration.
  • Appointed by the American Dispute Resolution Center as sole arbitrator for franchise disputes.

Bryan successfully represented TransCanada Energy Ltd. and ASTC Power Partnership in obtaining a decision of the Chief Justice of the Court of Queen’s Bench of Alberta, appointing arbitrators and dismissing an application to stay arbitrations commenced in relation to the termination of Power Purchase Arrangements.

Bryan was lead counsel representing Prospector Pte. Ltd. ("PPL") (which is an indirect wholly-owned subsidiary of China National Petroleum Corporation) as claimant in ICC arbitral proceedings seated in London, UK, with claims totaling approximately USD $30 million arising from seismic work done offshore Guyana for the respondent TSX corporation, CGX Energy Inc.

In addition, Bryan has the following related experience:

  • Chair of Sub-Group and member of Steering Committee of the Uniform Law Conference of Canada (ULCC), Domestic Arbitration Legislation Group, that prepared a new uniform Arbitration Act for all of the provinces and territories in Canada, approved by the ULCC in November 2016.
  • Appointed in 2016 by the Minister of International Trade on behalf of the federal government of Canada, to the North American Free Trade Agreement Advisory Committee on Private Commercial Disputes, also known as the NAFTA 2022 Committee. The Committee reported and provided recommendations to the NAFTA Commission on the availability, use and effectiveness of arbitration and other procedures for resolving private international commercial disputes in the free trade area. The Committee has been continued in the Canada-US-Mexico Agreement (CUSMA) under Article 31.22 as the CUSMA Advisory Committee on Private Commercial Disputes, which allows for a maximum of eight non-governmental delegates from each member state, reporting to the Free Trade Commission.
  • Member and Director of the Western Canada Commercial Arbitration Society, comprised of some of Western Canada’s most experienced domestic and international commercial arbitrators.
  • Founding Co-Editor of ADR Perspectives, a newsletter published by the ADR Institute of Canada, Inc. (ADRIC).
  • Appointed in 2022 to an ad hoc committee of ADRIC, to revise the ADRIC Arbitration Rules.
  • Appointed to the arbitrator rosters of institutions including the ICDR, VanIAC (International and Domestic Panels), ICC Canada, ADRIC (including the Commercial Arbitrations Roster), ADRIA, and the American Dispute Resolution Center, Inc.
  • Appointed in 2021 to the Experienced Arbitrators panel to train, develop, and mentor recently-qualified Fellows of the Chartered Institute of Arbitrators, under the New Arbitrator Program.  
  • Served as member of the Board of Directors of ADRIA.
  • Presentations on arbitral issues to legal and industry audiences.
  • Advising on drafting arbitral clauses.
  • Publishing articles on key or emerging issues in arbitration.

Bryan is recognized by Benchmark as a Litigation Star in arbitration, and by Who’s Who Legal as an expert in arbitration. He has been selected by his peers as one of The Best Lawyers in Canada in Alternative Dispute Resolution and Energy Law.

Examples of arbitral hearings in which Bryan has been lead counsel (of a team of colleagues from his firm) include:

  • One-week hearing in June 2014 (well over $100 million). 
  • Two-week hearing resolved on the eve of the hearing in February 2014 ($45 million).
  • One-week hearing in September 2012 ($45 million).
  • Two-week hearing in May 2012 ($40 million).
  • One-week hearing in October 2011 ($50 million).

Also, Bryan has been counsel on a number of matters related to the jurisdiction of arbitral tribunals including:

  • Matters including contested applications as to the respective powers and jurisdiction of arbitral tribunals and Courts in the Province of Alberta, including a matter of significance to arbitral practice in this Province generally.
  • Contested applications to arbitral tribunals including the jurisdictional boundaries as a result of time limits in the applicable arbitral clause.
  • A Court application related to the loss of jurisdiction of a sole arbitrator as a result of inordinate delay in issuing the arbitral award.

Bryan is currently available for arbitral appointments as sole arbitrator, panel member, or as Chair.

Publications

Bryan publishes and presents frequently on arbitral, power, international, construction, and oil and gas topics, and he has often appeared in the media through comments on judicial decisions.

"Canada Report submitted to the Arbitration Subcommittee of the Canada-United States-Mexico Agreement Article 31.22 CUSMA Advisory Committee on Private Commercial Disputes"

December 15, 2021
Co-Author

"The Uber Decision: Justice Come Heller High Water? Litigating Unconscionability"

JSSBarristers.ca, July 14, 2020
Co-Author (with David Marshall)

"The Uber Decision: Justice Come Heller High Water? Improvident Bargain"

JSSBarristers.ca, July 8, 2020
Co-Author (with David Marshall)

"The Uber Decision: Justice Come Heller High Water? Unequal Bargaining Power"

JSSBarristers.ca, July 2, 2020
Co-Author (with David Marshall)

"Are Contracts Enforceable Despite COVID-19? [Part 5]: Duty to Mitigate Force Majeure Events" 

JSSBarristers.ca, April 30, 2020
Co-Author (with William Katz)

"Are Contracts Enforceable Despite COVID-19? [Part 3]: Interpreting Force Majeure Clauses"

JSSBarristers.ca, April 16, 2020
Co-Author (with Kaila Eadie)

"Are Contracts Enforceable Despite COVID-19? [Part 1]: Overview"

JSSBarristers.ca, April 1, 2020
Co-Author (with Andrea MacLean)

"Forum Shopping for Limitation Deadlines"

Statute of Limitations in International Commercial Claims, by David Franklin (Toronto, Ontario: Thomson Reuters, 2016), pp. 839-846
Co-Author

"Respect for Arbitration: Do (and Should) Canadian Courts 'Stay' Out"

Canadian Arbitration and Mediation Journal, Volume 23, Number 1, Spring/Summer 2014
Co-Author

"Revisiting Appeal Rights: An Argument in Favour of Respecting Party Autonomy"

Canadian Arbitration and Mediation Journal, Volume 22, Number 1, Spring/Summer 2013
Co-Author

"Revisiting Appeal Rights: An Argument in Favour of Respecting Party Autonomy"

Commercial Litigation and Arbitration Review, Volume 2, Number 1, February 2013
Co-Author

"Foreign Judgments: Don't They Mean What They Say?"

Commercial Litigation Review, Volume 8, Number 2, May 2010
Author

"Foreign Judgments: Don't They Mean What They Say?"

Canadian International Lawyer, Vol. 8, No. 1, pp. 19-23, December 2009
Author

"Spoliation and Remedies for Evidence Lost or Destroyed: Conservative Canadian Approach"

Blakes Bulletin on Litigation, November 2008
Co-Author

"Searching for Clarity: Alberta Court Rules that Key Right of First Refusal Provision in CAPL Procedure is Ambiguous"

Oilweek, November 2008
Co-Author

"Key Right of First Refusal Provision 'Ambiguous': Case Sent Back for More Evidence"

The Negotiator, pp. 2-4, October 2008
Co-Author

"Seminal Decision on International Commercial Arbitral Awards: Limitation Period for Recognition and Enforcement"

Commercial Litigation Review, Volume 6, Number 3, October 2008
Author

"Court Ruling Creates Industry Uncertainty" 

Daily Oil Bulletin, September 19, 2008
Quoted

"Key Right of First Refusal Provision 'Ambiguous': Case Sent Back for More Evidence"

International Law Office, September 15, 2008
Co-Author

"International Commercial Arbitral Awards: Limitation Period for Recognition and Enforcement"

Canadian International Lawyer, Vol. 7, No. 3, pp. 147-149, September 2008
Author

"Limitation means foreign arbitration order denied: Effect will not just be in Alberta"

The Lawyers Weekly, August 22, 2008
Quoted

"Multi-Tiered Dispute Resolution: Stepping Carefully"

Blakes Bulletin on Litigation/Dispute Resolution, August 2008
Author

"Seminal Decision on International Commercial Arbitral Awards: Limitation Period for Recognition and Enforcement"

Blakes Bulletin on Litigation/Dispute Resolution, August 2008
Author

"Key Right of First Refusal Provision 'Ambiguous': Case Sent Back for More Evidence"

Blakes Bulletin on Energy, Oil & Gas, Litigation, August 2008
Co-Author

"Multi-Tiered Dispute Resolution: Stepping Carefully"

Canadian Arbitration and Mediation Journal, Summer 2008, this article first appeared in the Summer 2008 Edition of Canadian Arbitration and Mediation Journal, published and reproduced with their kind permission, pp. 9-11, 2008
Author

"Electricity Market Participants' Fears of Retroactively Altered Penalties Assuaged"

Energy & Natural Resources newsletter, International Law Office, January 21, 2008
Co-Author

"Electricity Market Participants Not Unfairly Faced with Retroactively Altered Penalties"

Blakes Bulletin on Energy - Regulatory, January 2008
Co-Author

"Market Surveillance Administrator Conduct Found Inappropriate"

International Law Office, October 9, 2006
Author

"Publication by the MSA - "Inappropriate Conduct""

Blakes Bulletin on Energy - Regulatory, September 2006
Author

"The Revival of Forum Shopping for Limitations Deadlines"

Case Comment on Castillo v. Castillo (2006) 6 Can. Int'l. Law. 196. Re-published with permission from Canadian International Lawyer: Revue du droit international
Author

"MSA - Powers Regarding Power"

Blakes Bulletin on Energy - Regulatory, Special Alberta Electricity Issue, May 2006
Author

"The Revival of Forum Shopping for Limitations Deadlines"

Blakes Bulletin on Litigation, May 2006
Author

"Canada Chapter, The International Comparative Legal Guide to: International Arbitration 2006"

This article first appeared in the 2006 edition of The International Comparative Legal Guide to: International Arbitration; published and reproduced with kind permission by Global Legal Group Ltd., London, pp. 79-85, 2006
Co-Author

"Corporate Conduct Gets a Failing Grade"

Canadian Lawyer, March 2006
Quoted

"What Makes Negligence 'Gross' and When is Misconduct 'Wilful'?"

Blakes Bulletin on Energy - Oil & Gas, March 2006
Co-Author

"Finding of Fiduciary Duty in Arm's Length Commercial Context is Unusual"

The Lawyers Weekly, p. 14, October 14, 2005
Author

"Fiduciary Duties, Top to Bottom - The Xerex Decision"

The Negotiator Magazine, November 2005
Author

"Fiduciary Duties - Top to Bottom"

Blakes Bulletin on Energy - Oil & Gas, September 2005
Author

"Minimizing the Risk of Canadian Dispute Resolution"

The Lawyers Weekly, December 3, 2004
Author

Speaking Engagements

Presenter (along with Sarah McEachern (Borden Ladner Gervais LLP), Eric Morgan (Kushneryk Morgan LLP) and Yarden Gershony (Rush Ihas Hardwick LLP)) "Expedited and Fast Track Arbitrations: the Good, the Bad, and the Ugly"  VanIAC Roundtable at CanArbWeek, Toronto, Ontario, October 18, 2023

Presenter (along with Carsten Jensen KC, FCIArb and Ryan Phillips) "Arbitration v. Litigation” inhouse presentation to a JSS Barristers client, May 8, 2023

Chair (of panel including David Tupper (Blake, Cassels & Graydon LLP), Kerry O’Reilly Wilks (TransAlta) and Wendy K. Venoit, (Cozen O’Connor))
Major Project Disputes: Alternatives to Arbitration”, 16th Annual Western Canada Commercial Arbitration Society (WCCAS) Commercial Arbitration Conference, Calgary, Alberta, May 2, 2023

Presenter (along with Jason Roth and Christopher Petrucci – Bennett Jones LLP)
"Self-Help Remedies under the Construction Contract", Canadian Bar Association, Calgary South Section - Construction Law Session, Calgary, Alberta, November 21, 2022

Presenter
"Should the Parties Jointly Appoint All Three Members of the Tribunal?", Western Canada Commercial Arbitration Society Annual Members Meeting, Vancouver, BC, November 19, 2022

Chair (of panel including Tina Cicchetti (Vancouver Arbitration Chambers and Arbitration Place) and David E. Gruber (Bennett Jones LLP)), 
"Hot Topics Part 2", 15th Annual Western Canada Commercial Arbitration Society (WCCAS) Commercial Arbitration Conference, Calgary, Alberta, May 3, 2022

Presenter
(along with The Honourable Justice Robert A. Graesser, Jack Marshall QC, and Melanie Gaston)
"Tips and Techniques for Cross-Examining Experts" (Webinar), The Advocates' Society, Construction Law Advocacy (Alberta) - Plenary, October 20, 2021

Presenter
"Maximizing the Benefits of Commercial Arbitration: Top Ten Choices" (Webinar), Canadian Bar Association: Civil Litigation Section (North), April 20, 2021

Panel Member (along with Jim McCartney (McCartney ADR) and Annie Lespérance FCIArb (Omni Bridgeway))
"Peer to Peer Arbitration Symposium", 2020 Arbitration Series Webinar, ADR Institute of Canada, Inc., July 30, 2020

Interviewee
"COVID -19: Get ready for a wave of post-pandemic lawsuits, Alberta lawyers say", Edmonton Journal, (https://edmontonjournal.com/news/local-news/covid-19-get-ready-for-a-wave-of-post-pandemic-lawsuits-alberta-lawyers-say/), April 27, 2020

Presenter
Resolving Disputes Through Arbitration”, The Canadian Institute 12th Annual Managing Risk in Construction Contracts & Projects, Edmonton, Alberta, March 10-11, 2020

Presenter
Omnibus Dispute Resolution Processes: One-Stop Shopping for Similar, Related, or Overlapping Disputes”, Western Canada Commercial Arbitration Society (WCCAS) Annual General Members Meeting, Vancouver, BC, November 2, 2019

Chair (of panel along with Robert Deane (Borden Ladner Gervais LLP), Erin Greenan (CNOOC International), and Christopher J. O’Connor, Q.C., C.Arb., FCIArb (O’Connor Alternative Dispute Resolution))
The Role, if any, of Prehearing Questioning in Arbitration, both International and Non-International”, ADR Institute of Canada, Inc. 2019 Conference: Realizing ADR’s Full Value, Victoria, BC, November 21-22, 2019

Panel Member (along with Joseph McArthur, FCIArb (Blake, Cassels & Graydon LLP), Gerald W. Ghikas QC, FCIArb (Vancouver Arbitration Chambers), and Rachel Howie (Dentons Canada LLP))
Hot Topics Part 2”, 13th Annual Western Canada Commercial Arbitration Society (WCCAS) Energy, Mining and Resources Arbitration Conference, Calgary, Alberta, May 7, 2019

Panel Member (along with Bradley E. Berg (Blake, Cassels & Graydon LLP), Olivier Després (Després MedArb), Glynis Evans (Department of Justice Canada), William G. Horton (William G. Horton Corporation) and Stacey O’Dea (ExxonMobil Canada Ltd.))
"The Challenges Facing Arbitration in Canada", ADR Institute of Canada, Inc. 2018 Conference: ADR to the Rescue of Justice, Montreal, Quebec, November 22-23, 2018

Presenter
"Consolidation Without Consent: Privity of Contract or Overall Efficiency", Western Canada Commercial Arbitration Society Annual Members Meeting, Vancouver, BC, November 3, 2018

Presenter (along with Kajal Ervin)
"No-Amendment Clauses: What's Fairness Got To Do With It?", Canadian Bar Association, Calgary South Sections - Joint Meeting: Construction and Business, Calgary, Alberta, September 10, 2018

Presenter
"Update on Canadian Legal Developments Regarding Private Commercial ADR", North American Free Trade Agreement Advisory Committee on Private Commercial Disputes (NAFTA Chapter 2022 Committee), Mexico City, June 22, 2018

Panel Member (along with Angus M. Gunn QC, FCIArb (Eyford Macaulay LLP) and Jody D.M. Johnson (TransCanada))
"Hot Topics", 11th Annual Western Canada Commercial Arbitration Society (WCCAS) Energy, Mining and Resources Arbitration Conference, Calgary, Alberta, May 9, 2017

Presenter
"New National Uniform Arbitration Act: Uniform Law Conference of Canada", Canadian Bar Association, Calgary South Sections - Joint Meeting: Construction, Business and ADR, Calgary, Alberta, January 16, 2017

Presenter (along with Erin J. Baker)
"Arbitration for Unanimous Shareholder Agreement Disputes", Legal Education Society of Alberta, April 6, 2016 (Edmonton, Alberta) and April 20, 2016 (Calgary, Alberta)

Moderator (for panel members Dave Rehn, ENMAX Corporation; Mark Zimmerman, Capital Power and W. Dale Hildebrand, ATCO Power)
"So, What’s Next for Thermal Generators”, Independent Power Producers Society of Alberta 22nd Annual Conference, "So, Now What”, Banff, Alberta, March 8, 2016

Presenter (along with the Honourable Justice Sal LoVecchio, the Honourable Justice Alan D. Macleod, D. Brian Foster, Q.C., and Karen J. Pirie)
"2016 Calgary Bench & Bar Series: Challenging Credibility", The Advocates Society, Calgary, Alberta, February 10, 2016

Panel Member (along with Hon. Clifton D. O'Brien, Q.C. (moderator) and Janine Watson)
"Court Intervention in Arbitration - Good, Bad, or Ugly?", ADR Institute of Canada, Inc. 2015 Conference: Big Sky; Big Ideas in ADR, Calgary, Alberta, October 29-30, 2015

Moderator (for panel members Frank Lindh, Crowell & Moring LLP; and AJ Goulding, London Economics International LLC)
"Reaching Deals over the 'California Crisis'", Independent Power Producers Society of Alberta 21st Annual Conference, "Art of the Deal", Banff, Alberta, March 10, 2015

Presenter (along with Gordon E. Kaiser, Frank R. Foran, Q.C., Philip C. Bruner and Matthew S. Kronby)
"New Developments in Energy Arbitration: An Essential Primer for In-House Counsel", Canadian Corporate Counsel Association National Conference, Calgary, Alberta, April 8, 2014

Presenter/Panel Member (along with Jim McCartney, Janine Watson, and Elaine Seifert, Q.C.)
"Introduction to Arbitration", Legal Education Society of Alberta, October 22, 2013 (Edmonton, Alberta) and October 23, 2013 (Calgary, Alberta)

Panel Moderator
"Looking Back and Looking Forward", Market Surveillance Administrator Stakeholder Meeting, Calgary, Alberta, October 1, 2013

Moderator (for panel members Harry Chandler, Market Surveillance Administrator; Carolyn Dahl Rees, TransAlta Corporation; and Miranda Keating Erickson, Alberta Electric System Operator)
"Agencies: What is Their Role in Preserving the Market?", Independent Power Producers Society of Alberta 19th Annual Conference, "Last Market Standing?", Banff, Alberta, March 12, 2013

Presenter/Panel Member (along with the Honourable Associate Chief Justice John D. Rooke and David Tupper)
"Third Party Facilitated Dispute Resolution", University of Calgary Law School Dispute Resolution II course, Calgary, Alberta, January 3, 2013

Presenter
"Common Pitfalls to Avoid in Drafting Dispute Resolution Clauses", Calgary Bar Association - Corporate Counsel Section, Calgary, Alberta, May 23, 2012

Presenter (along with Mary Comeau, Norton Rose Canada LLP)
"Arbitration and Dispute Resolution - Power Purchase Arrangements", Insight 9th Edition Energy Contracts, Calgary, Alberta, March 5, 2012

Presenter/Panel Member (along with the Honourable Associate Chief Justice John D. Rooke and David Tupper)
"Third Party Facilitated Dispute Resolution", University of Calgary Law School Dispute Resolution II course, Calgary, Alberta, January 3, 2012

Presenter
"Power Primer: An Overview of Alberta's Deregulated Wholesale Power Generation Industry and Market", Canadian Energy Law Foundation, Kananaskis Seminar in Energy Law Fundamentals, Delta Lodge, Kananaskis, October 20, 2011

Presenter
"ADR Agreements and Clauses for Business Results", Insight Negotiating and Drafting Major Business Agreements, Regina, Saskatchewan, June 6, 2011

Moderator
"Should We Lift the Price Cap and Drop the Price Floor?", Independent Power Producers Society of Alberta 17th Annual Conference, "The Great Debates", Banff, Alberta, March 15, 2011

Presenter/Panel Member (along with the Honourable Associate Chief Justice John D. Rooke and Zul Verjee)
"Third Party Facilitated Dispute Resolution", University of Calgary Law School Dispute Resolution II course, Calgary, Alberta, January 3, 2011

Presenter/Panel Member
"Getting the Right ADR Clauses into Your Business Agreements", ADR Institute of Canada, Inc. 2010 Conference: Resourceful ADR, Calgary, Alberta, September 23, 2010

Presenter
"Power Purchase Arrangements: Handling Issues Unique to PPA Disputes", Insight 8th Edition Energy Contracts, Calgary, Alberta, September 20, 2010

Presenter
"International Enforceability of Judicial and Arbitral Decisions: Will Your International Agreement Be Worth the Paper It Is Written on?", Calgary Bar Association - International Business Section, Calgary, Alberta, February 2, 2010

Presenter
"Alternative Dispute Resolution in Major Business Agreements", Insight 2010 Negotiating and Drafting Major Business Agreements, Calgary, Alberta, January 27, 2010

Presenter (along with Christa Nicholson)
"Dealing with Financially Weakened Business Partners and Insolvency Issues in the Current Economic Climate", Calgary Bar Association - Civil Litigation Section, Calgary, Alberta, September 29, 2009

Presenter
"Alternative Dispute Resolution in Energy Contracts", Insight 7th Annual Energy Contracts Conference, Calgary, Alberta, September 24, 2008

Presenter (along with Ron Deyholos)
"Major Construction Projects: Views from a Solicitor and Barrister on Avoiding or Minimizing Disputes", Calgary Petroleum Club, Calgary, Alberta, February 27, 2008

Presenter
Alternative Dispute Resolution: Should it Be Stipulated and, if so, Which Form and How?", Insight Information Conference, 2008 Negotiating and Drafting Major Business Agreements, Calgary, Alberta, January 29, 2008

Presenter
"Alternative Dispute Resolution in Energy Contracts", Insight 6th Annual Energy Contracts Conference, Calgary, Alberta, September 18, 2007

Presenter
"MSA: More Powers Regarding Power?", Blakes Client Seminar on MSA Investigations, Calgary Petroleum Club, June 20, 2006

Presenter
"Enforceability of Foreign Guarantees: Will Your Guarantee Be Worth the Paper it is Written On?", International Energy Credit Association, Calgary, Alberta, May 23, 2006

Presenter
"What Makes Negligence 'Gross' and When is Misconduct 'Wilful'?", Blakes National Securities Group Videoconference, May 16, 2006

Presenter
"What Commercial Lawyers Need to Know About International Commercial Arbitration Clauses", Blakes National Videoconference, May 16, 2006

Presenter
"Using Liability Clauses in Industry Agreements to Minimize Uncertainty and Disputes", Petroleum Joint Venture Association, Calgary Chamber of Commerce, Calgary, Alberta, November 24, 2005