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.
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.
Lowell Westersund and Phil Scheibel, both Rose LLP partners, were recently named in Lexpert's "Canada's Leading Infrastructure Lawyers", a publication that appeared in the Report on Business Magazine for September 2017. The publication recognizes Lexpert-ranked lawyers serving the infrastructure sector.
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'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 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.
Peter Vetsch has published an article in the November/December 2016 edition of the Construction Law Letter. The article addresses the primacy of arbitration agreements, including in multi-party situations, and highlights the tension that has recently emerged in decisions rendered by the Alberta and Saskatchewan Courts of Appeal. The full article is accessible online here.
Adrienne was formerly Litigation Counsel at the Alberta Securities Commission, where she prosecuted securities offences with a focus on significant fraud cases, including "pump and dump" and Ponzi schemes. Adrienne has appeared as lead counsel before the Provincial Court of Alberta and has significant experience before the regulatory tribunals of the ASC. She has also appeared as counsel before the Court of Queen's Bench of Alberta, the Court of Appeal of Alberta, the Alberta Energy Regulator and the Northwest Territories Public Utilities Board.
Adrienne's regulatory and litigation expertise further strengthens Rose LLP's culture of commercial advocacy and client service. She will be an invaluable resource to clients in complex commercial litigation, securities enforcement proceedings and in their dealings with other regulatory agencies.
On October 21-22, 2016, the Advocates' Society hosted the Fall Forum, a legal conference for young advocates from across Canada, at Blue Mountain, Ontario. Rose LLP's Shaun Hohman co-chaired the Fall Forum and played a prominent role throughout the two day program. Brian Foster, a Rose LLP partner and Advocates' Society board member, also presented and mentored young advocates at the Fall Forum.
Jane Sidnell Comments on Important Disclosure and Privilege Case
E. Jane Sidnell, a partner at Rose LLP, has recently commented on the decision of Justice Manderscheid in Alberta v. Suncor Energy Inc., 2016 ABQB 264. This important decision, which is now under appeal to the Alberta Court of Appeal, relates to the right of the Alberta Occupational Health & Safety Department to request information which a worksite owner has created or collected during an investigation pursuant to the Alberta Occupational Health & Safety Act. Jane's comments are available online. View here.
Rose LLP's Robert Simpson and E. Jane Sidnell recently gave presentations at the Osgoode Certificate in Construction Law course in Calgary. Robert's presentation focussed on the duties and obligations of owners, including express and implied contractual obligations and the consequences of breaches. In contrast, Jane presented on EPC and EPCM contracts with emphasis on contractual obligations, compensation models, performance specifications, owner-specified or supplied equipment, agency issues in procurement, liquidated damages and risk allocation.
Michael Oxman, an associate at Rose LLP, recently commented on the Alberta Court of Appeal's new functional approach to the "drop dead" rule under the Alberta Court of Appeal. The case comment focuses on the case of Ursa Ventures Ltd. v. Edmonton (City), 2016 ABCA 135 and two companion decisions recently rendered by the Court on this subject. The case comment can be accessed online through Canlii Connects: http://canliiconnects.org/en/commentaries/42316.
E. Jane Sidnell of Rose LLP was quoted in the April 2016 edition of Lexpert Magazine and pictured on the magazine cover. Jane's quote appears in an article entitled "Building Infrastructure: The Legal Framework for Canada's Push" and addresses the recent decision of the Supreme Court of Canada in Stuart Olson Dominion Construction Ltd. v. Structural Heavy Steel, 2015 SCC 43. The article is accessible using the following link: http://www.lexpert.ca/article/building-infrastructure-the-legal-framework-for-canadas-stimulus/
The CBA National Construction and Infrastructure Law Conference was held on April 1 - 2, 2016 at the Fairmont Banff Springs Hotel. Rose LLP's own Josh Fraese and Courtney Kachur were the co-chairs of the conference, which was attended by more than 130 lawyers and professionals from across the country. The conference featured keynote speakers Todd Hirsch (Chief Economist, ATB Financial), Bill Gwozd (Senior Vice-President, Solomon Associates) and Marty Latz (Latz Negotiation Institute), and a number of panel discussions led by lawyers and experts from private practice, industry, and academia.
Rose LLP is thrilled to announce that Courtney Kachur has moved her construction and commercial advocacy practice to the firm.
Courtney has spent the last seven years gaining extensive experience advising clients on construction matters, energy disputes, and complex commercial litigation at a leading international Canadian law firm. She has appeared as counsel at the Provincial Courts of Alberta and Saskatchewan, the Nunavut Court of Justice, the Alberta Court of Queen's Bench and the Alberta Court of Appeal and is currently both the chair of the CBA's Alberta South Construction Law Subsection and the Co-Chair of the CBA's National Construction & Infrastructure Law Conference 2016 (along with Rose LLP's Josh Fraese).
Courtney's construction and litigation expertise and the depth of her involvement with the legal community make her a welcome and significant addition to the Rose LLP team, and she further reinforces the firm's unparalleled depth in these practice areas.
The September/October 2015 edition of the Construction Law Letter included a case summary by Rose LLP's Peter Vetsch. The case summary, titled "When Good Facts Make Bad Law", reviews the recent decision of the Alberta Court of Appeal in TRG Developments Corp. v. Kee Installations Ltd. and examines the potential impact of that decision on Alberta's Builders' Lien Act. The case summary is accessible for review online.
A group of Rose LLP lawyers competed in Kananaskis 100 mile relay race - the "K-100" - on June 20th, 2015. For the second consecutive year, the Rose's Runners outranked their competitors in the legal category, finishing first.
Phil Scheibel of Rose LLP recently published an article in the Journal of the Canadian College of Construction Lawyers for 2015. The article is entitled "Understanding Construction Warranties in Canada" and provides a timely and comprehensive review of warranties in Canada with special attention to their application in the construction field.
Chambers Global, an eminent guide to the world's best lawyers, has included Rose LLP in its 2015 rankings. Rose LLP is one of only five firms in Canada to be recognized by Chambers Global in the area of Construction Law. In addition, Lowell Westersund (Construction Law), David Wachowich (Dispute Resolution) and Phil Scheibel (Dispute Resolution) have all been individually recognized.
Rose LLP is proud to announce that Shaun Hohman has been appointed to the Board of the Calgary Construction Association (CCA). Shaun will serve on the Board of the CCA for the next two years as representative for the Canadian Bar Association's Construction Law (South) Section.