ROSE LLP IS PLEASED TO ANNOUNCE THE ARRIVAL OF TWO NEW PARTNERS.

Rose LLP is pleased to announce the arrival of two new Partners, Catriona Otto-Johnston and Andrew Wilkinson. Both Catriona and Andrew come to Rose LLP with a wealth of experience handling complex construction and commercial litigation matters for a wide range of clients.

Catriona’s litigation practice focuses mainly on construction litigation, and she also assists clients with contract drafting and other front-end project matters. She has represented her clients before all levels of Court in Alberta and at arbitration. Andrew’s practice focuses on commercial litigation and construction law, with the latter giving him substantial experience with surety law and construction bond claims. He has represented his clients before all levels of the Courts in Alberta and in the Supreme Court of British Columbia.

Rose LLP is a construction law and commercial litigation boutique based in Calgary serving clients locally and around the world.

PETER VETSCH ELECTED TO CBA NATIONAL CONSTRUCTION & INFRASTRUCTURE LAW SECTION EXECUTIVE

In a nationwide ballot tallied this summer, Rose LLP partner Peter Vetsch was elected as a Member-at-Large of the National Construction & Infrastructure Law Section Executive of the Canadian Bar Association for 2019-2020.  Peter joins Rose LLP colleague Courtney Kachur (Vice-Chair) on the National Section Executive; they are the only two nationally elected Alberta representatives on the Executive, joining members from Ontario, Quebec, British Columbia, Saskatchewan and Nova Scotia and local Section Branch Chairs from across the country.  The CBA National Construction & Infrastructure Law Section provides advocacy, professional development, resources and advice on construction law issues to members of the bar, students, governments and the public.

E. JANE SIDNELL COMMENTS ON TWO DECISIONS

E. Jane Sidnell of Rose LLP recently commented on two decisions of the Court of Appeal of Alberta.

The first case comment deals with the decision in Impact Painting Ltd v Man-Shield (Alta) Construction Inc, 2019 ABCA 57 and reviews the following issues: when extras should be allowed, what is required to prove a back charge, and what portion of the lien bond cost can be assessed against the lien claimant who has liened for more than the ultimate judgment.  Download

The second case comment addresses Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32 and focuses on the Court's treatment of the common law anti-deprivation rule. Download

PHIL SCHEIBEL APPOINTED AS GOVERNOR OF THE CANADIAN COLLEGE OF CONSTRUCTION LAWYERS

Phil Scheibel was appointed to a three year term as a Governor of the Canadian College of Construction Lawyers. Fellowship to the College is by invitation and the purpose of the College is to facilitate and encourage the association of outstanding lawyers who are distinguished for their skill, experience and high standards of professional and ethical conduct in the practice or teaching of construction law and who are dedicated to excellence in the specialized practice of construction law.

PHIL SCHEIBEL AND PETER VETSCH PUBLISH PAPER

Rose LLP partners Phil Scheibel and Peter Vetsch have co-authored a paper that has been published in the 2019 edition of the Journal of the Canadian College of Construction Lawyers, a collection of scholarly articles regarding important or pressing issues in the field of construction law.  The paper, titled “An Overview of Contractual Notice Requirements and the Effect of the Doctrines of Waiver and Estoppel in Cases of Imperfect Compliance”, 2019 J.C.C.C.L. 47, canvasses the complex and often conflicting body of case law relating to the interpretation and enforcement of notice provisions in contracts, attempts to reconcile the various lines of authority into certain key guiding principles, and examines the circumstances in which courts may seek to avoid the harsh impact of these clauses due to the parties’ conduct or knowledge regarding the disputed issue.  The article concludes with some practical advice for parties drafting or negotiating construction contracts incorporating notice provisions which may assist in avoiding unintended consequences and aligning the specific language of a notice clause with the parties’ intentions.  The paper can be downloaded and reviewed in full here.

ROSE LLP HIGHLY RANKED IN BENCHMARK CANADA

Rose LLP and its partners were highly ranked in the 2019 edition of Benchmark Canada: the Guide to Canada's Leading Litigation Firms and Attorneys.  Rose LLP was "highly recommended", the highest available ranking for a firm.  Jim Rose, Lowell Westersund, Brian Foster, David Wachowich, Matt Lindsay, Jane Sidnell and Phil Scheibel were all recognized as "Litigation Stars" in Alberta.  Peter Vetsch and Jordan Milne were both ranked as "Future Stars".

SCOTT DUNCAN JOINS ROSE LLP

Rose LLP is excited to welcome Scott Duncan to the firm as an associate.  Before coming to Rose LLP, Scott worked as an associate in the Vancouver office of a national law firm, where he assisted clients directly with a variety of civil and commercial litigation concerns. With diverse experience in multiple jurisdictions, Scott's practice has included work on builders' liens, product liability, insurance, estate, regulatory, and environmental law claims. Scott has represented clients before the Alberta Court of Queen's Bench, as well as the Provincial and Supreme Courts of British Columbia.

Jordan Milne Gives Presentation

Jordan Milne gave a presentation to the Canadian Bar Association's Securities Law Section on January 16, 2019.  The presentation focused on the recent decision of the Alberta Court of Appeal in Brookdale International Partners, L.P. v. Crescent Point Energy Corp., 2018 ABCA 221 and the right of dissenting shareholders to claim for advance payments pursuant to the Alberta Business Corporations Act

New Managing Partner

Rose LLP is pleased to announce that Brian Foster is now the firm's managing partner.  Brian succeeds Matt Lindsay, who served as managing partner since the firm's inception in February 2013.  Rose LLP extends its appreciation to Matt Lindsay for his dedication and leadership at the helm of the firm, and looks forward to continued success with Brian as managing partner.

 

Samantha Stokes joins Rose LLP as an Associate

Rose LLP is very pleased to announce that Samantha Stokes has joined the firm as an associate.  Prior to joining Rose LLP, Samantha worked as an associate in the litigation department in the Calgary office of a large international law firm, where she gained valuable experience representing clients on a wide variety of commercial and civil litigation matters.  Samantha's practice focused on real estate and construction disputes, where she gained experience representing developers, owners, and contractors.  In addition, she has experience representing manufacturers and suppliers in products-related disputes, and has represented both employees and employers in wrongful dismissal actions.  She has appeared as counsel before the Provincial Court of Alberta, the Alberta Court of Queen's Bench, and has represented clients in Alberta Human Rights Commission investigations.

Courtney Kachur Publishes Article

Rose LLP's Courtney Kachur recently published an article through the Canadian Bar Association's Construction and Infrastructure Law Section.  The article, titled "Third-Party Arbitration Funding: Should You Get Someone Else to Pay For Your Arbitration", addresses drafting considerations for arbitration agreements in relation to third party arbitration funding.  The complete article can be viewed online.

Jane Sidnell Comments on Case

Rose LLP's Jane Sidnell recently commented on the case of SMART Technologies ULC v. Electroboard Solutions Pty Ltd., 2017 ABQB 559.  The case comment considers the Alberta Court's take on an arbitration with a strong dissent and concludes that this case provides a cautionary tale for those who think that errors of law are not just "angels dancing on the head of a pin".  The case comment is available for review online.

 

Jordan Milne and Adrienne Wong

Rose LLP's Jordan Milne and Adrienne Wong recently gave a presentation at the 2017 Securities Symposium hosted by the Advocates' Society.  Together with their co-presenters from the Ontario Securities Commission, Jordan and Adrienne discussed the broad powers of securities regulators to preserve assets during investigations.  A copy of the presentation is available on request.

Rose LLP Lawyers Author Canadian Chapter on Construction and Engineering Law

Rose LLP's Peter Vetsch, Courtney Kachur, Shaun Hohman, Josh Fraese and Michael Oxman have collectively written the Canadian chapter for Construction and Engineering Law in the 2017 International Comparative Legal Guide.  The Guide is an annual publication that provides an overview of the legal framework and a discussion of key legal issues in close to 30 different jurisdictions worldwide across several different practice areas.  Rose LLP's contribution to the Guide can be downloaded here or accessed online using the following link:  https://iclg.com/practice-areas/construction-and-engineering-law/construction-and-engineering-2017/canada

 

Rose LLP Announces Two New Partners

Rose LLP is pleased to announce that Peter Vetsch and Jordan Milne have joined the partnership of the firm effective January 1, 2017.  Peter and Jordan have both worked at Rose LLP since its inception in 2013 and are the first two new partners that have been admitted to the firm in its four-year history.

Peter is an experienced construction lawyer whose practice revolves around contract drafting and negotiation on large engineering, procurement, construction, maintenance and other project agreements, as well as strategic advice and assessment of claims and dispute resolution.  He has spent time working as internal counsel for a global engineering and construction contractor and has developed a clear understanding of project needs and risks and how legal advice can be provided most effectively to meet client needs as a result.  Peter is on the Executive of the Canadian Bar Association's Construction Law Section for southern Alberta and has had numerous works published in both the legal and non-legal fields.

Jordan is a commercial litigator whose practice focuses on complex corporate disputes.  He has widespread experience in corporate and securities litigation, and also routinely handles construction, employment, product liability and professional negligence disputes.  Jordan's litigation practice is rounded out by his strong interest in constitutional law, where he has opined on a wide range of federalism issues and provided representation up to the Supreme Court of Canada.  Jordan is an active member of several legal organizations, volunteers regularly in the community and speaks fluent French.