Courtney Kachur

LL.B., Partner

### Areas of Expertise
+ Construction | Infrastructure
+ Product Liability
+ Dispute Resolution
+ Civil Litigation
+ Energy

### Year of Call
+ 2009 (Alberta)

### Education
+ University of Saskatchewan, LL.B. (with Distinction), 2008
+ University of Calgary, B.A. Political Science, 2004

Courtney Kachur

Courtney's corporate/commercial litigation practice includes comprehensive experience with construction dispute resolution, product liability, commercial real estate disputes, and energy matters. She further specializes in construction matters, with a focus on builders' lien and surety claims, as well as advising on project procurement, risk assessment, and contract documents. Her experience also extends to advising clients on matters relating to the enforcement of domestic and foreign judgments, labour and employment issues, and insurance claims.

Courtney has acted as counsel at the Alberta Court of Appeal, Alberta Court of Queen's Bench and the Provincial Court of Alberta. She has also successfully resolved a broad range of matters through alternative forms of dispute resolution including negotiations, mediations and arbitrations.

### PROFESSIONAL AFFILIATIONS

  • Co-Chair of the Canadian Bar Association's National Construction and Infrastructure Law Conference 2023
  • Past Chair of the Canadian Bar Association National Construction and Infrastructure Law Section
  • Past Chair of the Canadian Bar Association Construction and Infrastructure Law - Alberta South Section
  • Co-Chair of the Canadian Bar Association's National Construction and Infrastructure Law Conference 2018
  • Co-Chair of the Canadian Bar Association’s National Construction and Infrastructure Law Conference 2016
  • Member of the Law Society of Alberta
  • Member of the Calgary Bar Association
  • Member of the Women's Infrastructure Network
  • Member of the Advocates' Society
  • Recommended Litigator on ReferToHer - Construction & Infrastructure Litigation.

### REPRESENTATIVE WORK

  • Successful counsel at Court of King's Bench and Court of Appeal regarding Rule 4.31 dismissal for long delay on construction dispute and on enhanced costs: Cochrane (Town) v. Austech Holdings Inc., 2021 ABQB 666 and 2022 AB CA 377
  • Counsel to BP Canada Energy in customer's insolvency proceedings regarding resolution of irrevocable direction to pay: Accel Energy Canada Limited (Re), 2020 ABQB 652
  • Counsel regarding successful enforcement of multi-million-dollar international arbitration award
  • Successful counsel on summary judgment applications for commercial contract litigation: 2012 ABQB 496
  • Counsel to owner in major industrial construction arbitration involving a $3.5 billion mine expansion. Primary responsibilities related to drafting pleadings, preparing witness statements, coordinating experts and managing large-scale document collection, review and production
  • Counsel to owner in major industrial construction arbitration involving a $3.5 billion mine expansion. Primary responsibilities related to drafting pleadings, preparing witness statements, coordinating experts and managing large-scale document collection, review and production
  • Successfully resolving a C$4.9-million builders' lien claim for an international energy and construction firm*
  • Representing various wind energy companies in respect of turbine failures and regulatory approval*
  • Acting for a global engineering firm with regard to a multimillion-dollar complex international construction dispute*
  • Counsel to a territorial government agency in a construction and insurance claim over multiple housing developments*
  • Prosecuting a C$6-million claim on behalf of an international industrial services company regarding the construction of work camps in the Alberta oil sands*
  • Representing a private water and energy utility company in various operator claims*
  • Obtaining summary judgment in various contract disputes and debt actions*
  • Defending product liability claims for international manufacturers of waterproof membranes, medical devices, piping and pumps*
  • Acting for an interest holder in respect of a claim for unpaid oil and gas royalties*
  • Advising national construction and engineering firms on numerous builders' lien and contract claims*
  • Successfully prosecuting a faulty design claim for a large road construction company*
  • Assisting a national real estate management company with a number of landlord disputes and lease drafting*

*Work done prior to joining Rose LLP.

### SELECT PUBLICATIONS/APPEARANCES

  • Speaker: Alberta's Prompt Payment and Construction Lien Act and Regulations, Part 2 - Construction Adjudication, ARCANA Alberta, April 20, 2023
  • Speaker:  Adjudication vs “In-Project” Dispute Resolution in Construction, Canadian Bar Association Online, June 1, 2022
  • Moderator:  Canadian Bar Association Construction and Infrastructure Law National Online Symposium, October 2021
  • Co-author – “Alberta Court of Appeal clarifies test for summary judgment: Weir-Jones Technical Services Incorporated v Purolator Canada Ltd.”, Canadian Bar Association Section Article Round-Up, Construction and Infrastructure, Spring 2019
  • Guest Lecturer, University of Calgary, College of Law, Energy Transportation and Infrastructure, April 2019
  • Program Chair: Key Update on the New Construction Act, Ontario Bar Association and Canadian Bar Association, Toronto, Ontario, June 12, 2018
  • Author - "Third party arbitration funding: Should you get someone else to pay for your arbitration?", ADR Perspectives, ADR Institute of Canada, May 22, 2018
  • Co-author - "Alberta Builders' Lien Case Law Update", Canadian College of Construction Lawyers Legal Update, L.U. #142, May 20, 2017
  • Co-author - "Good Faith in Contractural Performance in Commercial Cases: The Impact of Bhasin v. Hrynew", The Advocates' Society Spring Symposium, April 27, 2017
  • Co-speaker: Effectively Managing Your Contract Throughout Its Lifespan - Supply Chain Contracts for Energy Seminar, The Canadian Institute Energy Group, Calgary, Alberta, June 24, 2014
  • Co-speaker: Constitutional Issues on Construction Projects and the Gateway Pipelines - Canadian Bar Association, Construction and Corporate Counsel Sub-sections, Calgary, Alberta, April 8, 2013

### COMMUNITY INVOLVEMENT

  • Volunteer with the University of Calgary Student Legal Assistance program
  • Volunteer with Queen's Bench Amicus Program
  • Civil Claims Duty Counsel

### RECOGNITION

Recommended in the 2025 edition of The Best Lawyers in Canada™ as a leading practitioner in Construction Law, and Corporate and Commercial Litigation.

Courtney Kachur

Courtney's corporate/commercial litigation practice includes comprehensive experience with construction dispute resolution, product liability, commercial real estate disputes, and energy matters. She further specializes in construction matters, with a focus on builders' lien and surety claims, as well as advising on project procurement, risk assessment, and contract documents. Her experience also extends to advising clients on matters relating to the enforcement of domestic and foreign judgments, labour and employment issues, and insurance claims.

Courtney has acted as counsel at the Alberta Court of Appeal, Alberta Court of Queen's Bench and the Provincial Court of Alberta. She has also successfully resolved a broad range of matters through alternative forms of dispute resolution including negotiations, mediations and arbitrations.

### PROFESSIONAL AFFILIATIONS

  • Co-Chair of the Canadian Bar Association's National Construction and Infrastructure Law Conference 2023
  • Past Chair of the Canadian Bar Association National Construction and Infrastructure Law Section
  • Past Chair of the Canadian Bar Association Construction and Infrastructure Law - Alberta South Section
  • Co-Chair of the Canadian Bar Association's National Construction and Infrastructure Law Conference 2018
  • Co-Chair of the Canadian Bar Association’s National Construction and Infrastructure Law Conference 2016
  • Member of the Law Society of Alberta
  • Member of the Calgary Bar Association
  • Member of the Women's Infrastructure Network
  • Member of the Advocates' Society
  • Recommended Litigator on ReferToHer - Construction & Infrastructure Litigation.

### REPRESENTATIVE WORK

  • Successful counsel at Court of King's Bench and Court of Appeal regarding Rule 4.31 dismissal for long delay on construction dispute and on enhanced costs: Cochrane (Town) v. Austech Holdings Inc., 2021 ABQB 666 and 2022 AB CA 377
  • Counsel to BP Canada Energy in customer's insolvency proceedings regarding resolution of irrevocable direction to pay: Accel Energy Canada Limited (Re), 2020 ABQB 652
  • Counsel regarding successful enforcement of multi-million-dollar international arbitration award
  • Successful counsel on summary judgment applications for commercial contract litigation: 2012 ABQB 496
  • Counsel to owner in major industrial construction arbitration involving a $3.5 billion mine expansion. Primary responsibilities related to drafting pleadings, preparing witness statements, coordinating experts and managing large-scale document collection, review and production
  • Counsel to owner in major industrial construction arbitration involving a $3.5 billion mine expansion. Primary responsibilities related to drafting pleadings, preparing witness statements, coordinating experts and managing large-scale document collection, review and production
  • Successfully resolving a C$4.9-million builders' lien claim for an international energy and construction firm*
  • Representing various wind energy companies in respect of turbine failures and regulatory approval*
  • Acting for a global engineering firm with regard to a multimillion-dollar complex international construction dispute*
  • Counsel to a territorial government agency in a construction and insurance claim over multiple housing developments*
  • Prosecuting a C$6-million claim on behalf of an international industrial services company regarding the construction of work camps in the Alberta oil sands*
  • Representing a private water and energy utility company in various operator claims*
  • Obtaining summary judgment in various contract disputes and debt actions*
  • Defending product liability claims for international manufacturers of waterproof membranes, medical devices, piping and pumps*
  • Acting for an interest holder in respect of a claim for unpaid oil and gas royalties*
  • Advising national construction and engineering firms on numerous builders' lien and contract claims*
  • Successfully prosecuting a faulty design claim for a large road construction company*
  • Assisting a national real estate management company with a number of landlord disputes and lease drafting*

*Work done prior to joining Rose LLP.

### SELECT PUBLICATIONS/APPEARANCES

  • Speaker: Alberta's Prompt Payment and Construction Lien Act and Regulations, Part 2 - Construction Adjudication, ARCANA Alberta, April 20, 2023
  • Speaker:  Adjudication vs “In-Project” Dispute Resolution in Construction, Canadian Bar Association Online, June 1, 2022
  • Moderator:  Canadian Bar Association Construction and Infrastructure Law National Online Symposium, October 2021
  • Co-author – “Alberta Court of Appeal clarifies test for summary judgment: Weir-Jones Technical Services Incorporated v Purolator Canada Ltd.”, Canadian Bar Association Section Article Round-Up, Construction and Infrastructure, Spring 2019
  • Guest Lecturer, University of Calgary, College of Law, Energy Transportation and Infrastructure, April 2019
  • Program Chair: Key Update on the New Construction Act, Ontario Bar Association and Canadian Bar Association, Toronto, Ontario, June 12, 2018
  • Author - "Third party arbitration funding: Should you get someone else to pay for your arbitration?", ADR Perspectives, ADR Institute of Canada, May 22, 2018
  • Co-author - "Alberta Builders' Lien Case Law Update", Canadian College of Construction Lawyers Legal Update, L.U. #142, May 20, 2017
  • Co-author - "Good Faith in Contractural Performance in Commercial Cases: The Impact of Bhasin v. Hrynew", The Advocates' Society Spring Symposium, April 27, 2017
  • Co-speaker: Effectively Managing Your Contract Throughout Its Lifespan - Supply Chain Contracts for Energy Seminar, The Canadian Institute Energy Group, Calgary, Alberta, June 24, 2014
  • Co-speaker: Constitutional Issues on Construction Projects and the Gateway Pipelines - Canadian Bar Association, Construction and Corporate Counsel Sub-sections, Calgary, Alberta, April 8, 2013

### COMMUNITY INVOLVEMENT

  • Volunteer with the University of Calgary Student Legal Assistance program
  • Volunteer with Queen's Bench Amicus Program
  • Civil Claims Duty Counsel

### RECOGNITION

Recommended in the 2025 edition of The Best Lawyers in Canada™ as a leading practitioner in Construction Law, and Corporate and Commercial Litigation.