Andrew is a commercial litigator with a broad and diverse practice involving construction disputes, fraud and asset recovery, surety and bonding matters, and shareholder litigation. He advises and represents owners, developers, contractors, subcontractors, sureties, and businesses involved in complex disputes across Western Canada.
Andrew represents businesses in a wide range of commercial disputes, which being centered in Calgary often arise from all stages of the oil and gas industry’s business – from exploration and production, to transmission, to processing, to the marketing and sale, or to royalties earned – including fair value claims, breach of contract claims, disputes between shareholders, oppression claims, directors’ and officers’ liability, and claims brought under business corporation legislation.
He has also acted for numerous victims of fraud, where there is often an urgent need to trace and freeze assets and begin recovery proceedings, frequently obtaining extraordinary court remedies to locate and preserve assets and compel the production of evidence necessary to establish his client’s case. As an ICC Fraudnet Future Member, Andrew is part of an established and trusted international network of lawyers which positions him to capably respond to and assist with frauds which cross international lines.
Andrew is also recognized for his work in the construction industry, where he acts in disputes arising from industrial, commercial, and public and private infrastructure projects throughout Alberta, British Columbia, and Saskatchewan. His experience includes construction liens, delay and productivity claims, contract disputes, joint venture management conflicts, and other high-stakes project-related litigation and arbitration matters.
He also has extensive experience advising surety companies on performance bond, labour and material payment bond, fidelity bond, and indemnity matters. He assists sureties in responding to bond claims and pursuing indemnity recoveries which frequently involve bankruptcy and insolvency issues and priority disputes.
Clients value Andrew's practical approach, technical understanding of construction projects, and ability to develop creative strategies to resolve complex disputes efficiently. He regularly works with industry experts, including business valuators, forensic accountants, engineers, and delay specialists all to advance and defend technically sophisticated claims.
Andrew has represented clients before all levels of court in Alberta, the Supreme Court of British Columbia, the Court of King’s Bench for Saskatchewan, and in bringing and responding to applications to leave to appeal to the Supreme Court of Canada.
## PROFESSIONAL AFFILIATIONS
- ICC Fraudnet Future Member
- Canadian Bar Association, Construction Law, Southern Alberta Section (current Vice Chair)
- Affiliate Member, Surety Association of Canada 2014 - Present
- Adjunct Member, Alberta Civil Trial Lawyers Association, 2010 - Present
- Member, Law Society of Alberta
## REPRESENTATIVE WORK
Commercial Dispute Experience
Counsel to two international investment funds, as dissenting shareholders, in a dispute over the fair value of their shares in an Alberta-based oil and gas exploration and production company, culminating in a three-week trial in the Alberta Court of King’s Bench claiming over $15,000,000.
Brookdale International v Crescent Point Energy, 2023 ABKB 120
Counsel to a pipeline company in a dispute over alleged improper use of technology, breaches of licenses, breaches of confidence, and patent infringement with the claims totalling over $600,000,000.
JL Energy Transportation v Alliance Pipeline Limited Partnership, 2021 ABQB 223
JL Energy Transportation Inc v Alliance Pipeline Limited Partnership, 2023 ABKB 445
JL Energy Transportation Inc v Alliance Pipeline Limited Partnership, 2024 ABKB 72
JL Energy Transportation Inc v Alliance Pipeline Limited Partnership, 2024 ABCA 175
JL Energy Transportation Inc v Alliance Pipeline Limited Partnership, 2025 ABCA 26
Alliance Pipeline Limited Partnership, Alliance Pipeline Ltd, Alliance Pipeline LP, Alliance Pipeline Inc, et al v JL Energy
Transportation Inc. (Alberta) (Civil) (By Leave) (41736)
Represented an oil and gas exploration and production company and its international subsidiaries in a claim for breach of contract and fiduciary duty seeking damages of over $80,000,000 from an investment firm retained to secure equity financing.
PetroFrontier Corp vMacquarie Capital Markets Canada Ltd, 2021 ABQB 54
PetroFrontierCorp v Macquarie Capital Markets Canada Ltd, 2022 ABCA 136
Macquarie Capital Markets Canada Ltd v PetroFrontier Corp, PetroFrontier (Australia) Pty Ltd. and Texalta Australia Pty
Ltd (Alta) (Civil) (By Leave) (40216)
Represented a corporate shareholder and joint venture partner in a dispute with an owner and operator of an energy infrastructure business engaged in natural gas gathering and processing, natural gas liquids extraction and separation, transmission, storage and marketing, and related joint ventures with respect to breaches of various interrelated share purchase agreements with claims totalling over $500,000,000.
Represented a partnership and its corporate general partner in a dispute with other limited partners arising from the ownership and management of an investment fund intended to operate in the agri-food industry with claims totalling over $13,000,000.
Represented a Calgary-based oil and gas exploration and production company operating in Alberta and Saskatchewan in a dispute over an Overriding Royalty Agreement with claims totalling over $1,000,000.
Represented shareholders of an international steel company seeking to enforce their rights under a unanimous shareholder agreement, general security agreement, and a promissory note, involving claims of oppression and breaches of duties by directors, ultimately obtaining a consent judgment of over $1,000,000 in his clients’ favour at the conclusion of a trial in the Alberta Court of King’s Bench.
Represented a water and wastewater treatment services provider in a breach of contract claim against a large international oil sands producer who had sold defective aeration tanks as well as the manufacturer of the wastewater treatment systems in a claim over $1,000,000.
Represented a national life insurance and mutual fund company in a dispute arising from various alleged breaches of various agreements with claims totalling over $500,000.
Provided advice to an international litigation funder on the enforceability of a Brazilian judgment against an international pharmaceutical manufacturer and supplier and its ability to pierce the corporate veil against its subsidiaries.
Construction Dispute Experience
Counsel to an owner of a combined cycle power generation facility in an arbitration with its EPC contractor over delays, change orders, and liquidated damages with claims totaling over $60,000,000.
Counsel to a Korean supplier of curtain wall systems in a claim brought by the developer and its construction manager of a luxury condominium high-rise project with claims totalling over $5,000,000.
26th Avenue River Holding Limited Partnership v Winspia Windows (Canada) Inc, 2025 ABKB 243
26th Avenue River Holding Limited Partnership v Winspia Co Ltd, 2025 ABCA 384
Represented a major pipeline owner in parallel arbitration and litigation proceedings in a dispute related to the construction of pipelines in Saskatchewan including change requests, delays, and compliance with contractual specifications with claims totalling over $70,000,000.
Provided advice to an international trenchless drilling contractor in respect of its claims against a B.C. pipeline owner for changes and delays worth over $1.75 million.
Represented an Alberta-based piling contractor in disputes with the general contractor and its subcontractor in respect of claims totalling approximately $1,000,000 for extra costs and delays arising from changes to sub-soil conditions in relation to a major highway improvement project.
Represented a non-profit management body in disputes with the architect and general contractor arising from the construction of an 82-unit independent living facility and residence for seniors in claims worth approximately $1,000,000.
Represented an international Engineering, Procurement, Construction contractor in separate disputes with its subcontractor and the project owner arising from the construction of a large electrical transmission and distribution project in Alberta with claims seeking approximately $25,000,000 over change orders and delays and $40,000,000 for the replacement of defective transmission line equipment, respectively.
RPC Limited Partnership v SNC-Lavalin ATP Inc, 2018 ABQB 656
RPC Limited Partnership v SNC-Lavalin ATP Inc, 2018 ABCA 423
Represented a global construction services company in a dispute with its subcontractor who was responsible for delays in construction, including successfully obtaining an order requiring the subcontractor to post security for costs which effectively ended the lawsuit.
HVC Canada Ltd v EllisDon Construction Services Inc, 2016 ABQB 105
HVC Canada Ltd v EllisDon Construction Services Inc, 2016 ABQB 602
Fraud & Asset Recovery Experience
Counsel to a Calgary-based wholesale flooring supplier in a claim against its former Chief Financial Officer for fraudulent misappropriation of over $2,900,000 during his employment.
Represented an Alberta-based pipeline and infrastructure construction contractor that was victim of a social engineering fraud which resulted in losses of approximately $500,000. Andrew successfully obtained relief against three national banks including Court Orders which froze the funds, compelled the production of financial records (i.e. a Norwich Order), and directed the repayment of the frozen funds to his client and another interested party, resulting in a substantial recovery.
Represented two electrical equipment distributors who had been defrauded by a former employee and others who participated in a multi-million-dollar phony purchase order and invoicing scheme. Andrew obtained, defended and administered numerous Orders, including a novel Order pursuant to s 490 of the Criminal Code for the production of records from the Edmonton Police Service, several Norwich Orders compelling production from various financial institutions, and an Attachment Order & Mareva Injunction to freeze the identified assets, all resulting in a substantial recovery for his clients.
Guillevin International Co v Barry, 2021 ABCA 345
Guillevin International Co v Barry, 2021 ABCA 280
Guillevin International Co v Barry, 2022 ABQB 26
Guillevin International Co v Barry, 2022 ABCA 144
Represented various affiliates of a large North American construction company who, through various means, had been defrauded by an executive assistant employee. Andrew first obtained two ex parte Norwich Orders requiring various financial institutions, local companies, information technology providers (Microsoft) and financial technology companies (Paypal) to produce records related to the fraud, and then obtained an ex parte Attachment Order & Mareva Injunction to freeze the identified assets, all of which required intensive and detailed work to build the evidentiary foundation needed to establish entitlement to the extraordinary pre-judgment relief obtained.
Provided advice to an Alberta-based energy company and its international subsidiaries in respect of the enforcement of judgments obtained by a foreign state’s agency responsible for regulating and overseeing oil and gas exploration and extraction activities.
Surety and Bonding Dispute Experience
Represented over half a dozen national surety bonding companies in respect of various claims made under performance bonds and labour and material payment bonds and prosecuted dozens of recovery actions on behalf of sureties to enforce indemnitors’ obligations under indemnity agreements.
Represented a national surety company in an indemnity recovery action and obtained a valuable precedent declaration that the client’s form of indemnity agreement was not a “guarantee” within the meaning of the Guarantees Acknowledgment Act, RSA 2000, c G-11.
Trisura Guarantee Insurance Co v North American Steel Erectors Inc, 2023 Carswell Alta 452
Represented a national surety company in an indemnity recovery action and after successfully obtaining summary judgment, then obtained an Order for security for costs pending appeal by the indemnitor, which effectively ended the appeal.
Trisura Guarantee Insurance v Duchnij, et al, 2021 ABCA 78
Represented a national surety company in an indemnity recovery action against various corporate and individual indemnitors which involved working collaboratively with a Receiver appointed pursuant to the Bankruptcy and Insolvency Act, ultimately securing a substantial recovery for the surety.
Bank of Montreal v Ladacor AMS Ltd, 2019 ABQB 985
Represented a surety company in its defence of a performance bond claim at a weeklong trial in the Supreme Court of British Columbia arising from a horizontal directional drilling contractor’s default in the performance of a contract to construct an outfall diffuser in a riverbed in the Kootenay River.
Cranbrook (City) v Gabriel Construction (Alberta) Ltd, 2014 BCSC 2280
## SELECT PUBLICATIONS/APPEARANCES
Andrew regularly writes and presents on construction law, surety law, and dispute resolution matters. His publications and presentations include:
- Presenter, "Construction Surety Update Recent Cases and Practical Implications", CBA Construction Law, Southern Alberta Section
- Panelist, "Challenges in utilising criminal procedures for international asset recovery for economic crimes", Cross-Border Asset Recovery in Commercial Disputes and Financial Crimes seminar, ICC Fraudnet, Shanghai, China
- Presenter, "Construction Law 201: Stop with the Funny Business! A Refreshing Discussion on Estoppel and Waiver in the Construction Law Context", CBA Construction Law, Southern Alberta Section
- Presenter, "View from a Surety: Or How I Learned to Stop Worrying and Love On-Default Contract Security Guarantees", CBA Construction Law, Southern Alberta Section
- Presenter, "Construction Law Section 2023 Annual Case Law Review", CBA Construction Law, Southern Alberta Section
- Co-author, Arbitration Provisions in Construction Contracts, Canadian College of Construction Lawyers Construction Contracts Deskbook
- Author, "Registering a Lien Against the Wrong Lands: Fatal or Repairable?" , Construction Law Letter,
- Author, "Good Intentions Gone Bad: Valard Construction Ltd. v. Bird Construction Co.", Construction Law Letter
- Author, "Claims for Extra Work and Back Charges: A Tale of Two Trades" blog post
- Author, "Show me the Money! Timing the Release of Holdback" blog post
- Author, "Do Something! Labour and Material Payment Bonds should be Disclosed to Claimants" blog post
- Panelist, CBA Construction and Infrastructure Law Conference - Contract Security
- Panelist, CBA Construction Law Section - Commercial Management
- Panelist, CBA Construction Law Section - Construction Bonds and Contract Security
## COMMUNITY INVOLVEMENT
- Intake Volunteer, Calgary Legal Guidance (2009 - 2016)
- Volunteer, University of Ottawa Community Legal Clinic (2005 - 2007)
- Member, University of Ottawa Criminal Law Students Association (2004 - 2007)
- Volunteer, Housing Help - Pro Bono Students Canada (2005)
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