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.
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 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".
Rose LLP is counsel to an aircraft management and operations company seeking to recover a substantial debt from an aircraft owner by selling the owner's three jet aircraft pursuant to the Warehousemen's Lien Act. The owner of the aircraft applied for an order to prevent the lien sale. Phil Scheibel and Josh Fraese of Rose LLP successfully opposed the application and the auction proceeded thereafter.