We are pleased to announce that Bonnie Anderson has joined Rose LLP. With her unique background in architecture, urban planning, economics, and law, Bonnie offers valuable insights and assistance to clients navigating the land development process and will help build our growing practice in this area.
We invite you to review Bonnie’s specific experience in her bio.
Rose LLP has been ranked as a "highly recommended" dispute resolution firm in the Benchmark Litigation 2024 Canada edition.
Additionally, the following lawyers have been individually recognized:
Benchmark Litigation is a leading guide focused exclusively on the litigation and disputes market. It is known for its comprehensive research process, which includes in-depth interviews with litigators, dispute resolution specialists, and clients, as well as analysis of significant cases and firm developments. This approach ensures an accurate and thorough assessment of the legal landscape and highlights firms and individuals demonstrating exceptional litigation expertise. Inclusion in Benchmark Litigation signifies our firm's strength and capability in handling complex disputes and reflects our commitment to legal excellence and client service.
We extend our gratitude to our clients and colleagues for their trust and support, and to Benchmark Litigation for this recognition.
Rose LLP has been recognized in the 2024 edition of Lexpert in the following areas:
In addition, the following lawyers have been recognized:
Lexpert is distinguished by its detailed and peer-driven research process, which includes extensive surveys and interviews with professionals and clients in the legal field. This rigorous methodology ensures a highly specialized and localized assessment of legal excellence within the Canadian market. Being listed in Lexpert is a significant achievement, underscoring the professional excellence and dedication of our team to providing the highest quality legal services to our clients.
We extend our gratitude to our clients for their trust and support, and to Lexpert for this recognition.
Rose LLP has been recognized in the 2024 edition of Chambers Global in the following areas:
In addition, the following lawyers have been recognized:
Chambers Global is known for its thorough, independent research process, involving detailed interviews with clients and peers in the legal industry. Being listed in Chambers Global is a significant achievement. This recognition underscores the professional excellence and dedication of our team to providing the highest quality legal service to our clients.
We extend our gratitude to our clients for their trust and support, and to Chambers Global for this recognition.
Rose LLP is pleased to be recognized in The Globe and Mail’s list of Canada's top law firms, with specific commendation in Construction and Dispute Resolution practice areas. This distinction is part of an extensive survey conducted by Statista, in collaboration with The Globe and Mail.
The methodology behind this recognition involved a comprehensive survey, open to almost 25,000 legal professionals across Canada, including lawyers, in-house legal counsel, and legal executives. The survey, conducted between May 16 and July 11, 2023, garnered responses from over 3,100 participants and resulted in more than 10,000 recommendations. Notably, self-recommendations were not considered in the evaluation process. The top law firms were identified in 31 different legal fields based on the number of recommendations received in each field.
Rose LLP's inclusion in this list, particularly highlighted for our expertise in Construction and Dispute Resolution, is a reflection of our firm's commitment to providing outstanding legal services. We are honored by this recognition and thank our peers for their endorsements, as well as our clients for their ongoing trust and support.
For more information about the methodology and our recognition, please visit The Globe and Mail's Website.
Rose LLP is pleased to announce that Chase Salembier has been selected to serve as a member of the Young Advocates’ Standing Committee (YASC) of The Advocates’ Society. YASC is a national committee aimed at promoting the interests and development of advocacy lawyers in their first ten years of practice across Canada. Through YASC, Chase will also be supporting the activities of The Advocates’ Society, a preeminent national organization providing professional development programs and resources, community and networking events, issue advocacy, and interventions in notable cases.
This appointment continues Rose LLP’s tradition of involvement in The Advocate’s Society and YASC.
Catriona Otto-Johnston co-authored a paper published in the 2023 edition of the Journal of the Canadian College of Construction Lawyers. The Journal is an annual publication of scholarly articles discussing topics and concepts of importance in construction law. The paper is titled “Considering Consideration: The Role of Fresh Consideration in Unilateral Amendments to Construction Contracts”. In the paper, the authors discuss unilateral contractual variations in the construction context and the application of the doctrine of consideration to these variations. They review the inconsistent application of this fundamental concept by the courts when assessing variations in specific construction contract scenarios. The article discusses potential opportunities to challenge the validity of a variation and arguments for and against the flexible approach to the requirement for fresh consideration, which is a developing area in Canadian law. The paper concludes with a discussion of the importance of keeping the doctrine of consideration in mind when asserting or rejecting a unilateral contract amendment. The article can be downloaded on Westlaw: 2023 J. Can. C. Construction Law. 75.
Congratulations to Phil Scheibel on being appointed Queen's Counsel (QC).
Lawyers who are appointed Queen’s Counsel have demonstrated exceptional competence, professionalism and integrity while contributing to the legal profession and administration of justice in Alberta.
Rose LLP is pleased to announce that Catriona Otto-Johnston, Partner, has been named a Fellow of the Canadian College of Construction Lawyers (CCCL). The CCCL is comprised of outstanding lawyers recognized for their skill, experience, and high standards of conduct in the practice of construction law, and who are dedicated to excellence in this specialized area of law.
The press release from the CCCL can be found on their website at https://cccl.org/wp-content/uploads/Press-Release-re-induction-of-new-fellows-2022-1.pdf.
This esteemed recognition is regarded highly by professionals in the field of construction law. Catriona joins Lowell Westersund and Phillip Scheibel as a Fellow of the College. Join us in congratulating Catriona being recognized by her peers as an outstanding construction lawyer.
Rose LLP welcomes Luca Zuliani who has joined our team as an associate lawyer.
A graduate of the University of Ottawa Faculty of Law, and called to the Ontario Bar in 2021, Luca previously articled and practiced in the litigation department of an Ontario law firm.
Prior to obtaining his Juris Doctor from the University of Ottawa, Luca completed a Bachelor of Applied Science majoring in Civil Engineering at Queen’s University during which time, he completed three work terms at a consulting engineering company.
We are excited to have Luca join us with his education and experience. To learn more about Luca’s areas of focus, his bio can be found here.
The team at Rose LLP welcomes Joree Nelson to the firm as an associate lawyer.
Joree comes to us from Saskatchewan, where she was raised, graduated from the University of Saskatchewan and has worked as an associate lawyer at a firm in Saskatoon.
She practices in the areas of construction litigation, commercial litigation and general civil litigation.
We are pleased to have Joree join us. Welcome, Joree!
Rose LLP is pleased to welcome Courtney Kachur to the partnership.
Courtney joined Rose LLP in 2016 and has built a successful complex commercial litigation and construction practice. Clients appreciate her ability to deliver thoughtful counsel and excellent results.
Congratulations Courtney.
Rose LLP is pleased to announce that Chase Salembier has joined the firm as an associate. Prior to joining Rose LLP, Chase worked as an associate in the litigation department of a leading western Canadian law firm where he represented owners, contractors, subcontractors and other commercial entities and individuals in a variety of construction and commercial disputes.
Chase’s practice is focused on construction law and commercial litigation and he has experience acting as counsel in construction performance and other construction disputes involving industrial, commercial and residential projects as well as other commercial disputes involving breach of contract, property claims, shareholder and partnership disputes and insurance matters. Chase is experienced in large-scale arbitrations as well as complex multi-party litigations and he has appeared in the Saskatchewan Court of Queen’s Bench, Provincial Court and has represented clients in numerous mediations and negotiations.
Elisa Stewart was called to the Alberta Bar in 2020. Elisa completed her articling term at Rose LLP following a Clerkship at the Court of Queen’s Bench.
Elisa grew up in rural Alberta and completed her law degree at the University of Calgary. Prior to law school, Elisa earned a diploma in Occupational Health and Safety and worked as an Occupational Hygiene Technician at work sites across Alberta. Elisa has volunteered with the Cochrane Friends of the Public Library Society, ProBono Students Canada, and the University of Calgary’s Indigenous Law Club. Elisa has an interest in bankruptcy and insolvency law and recently co-authored an article that will be published in the 2020 edition of the Annual Review of Insolvency Law. She looks forward to establishing her construction and commercial litigation practice with Rose LLP.
Kyle Harder joins Rose LLP as an associate. Prior to joining Rose LLP, Kyle worked as an associate in the Calgary office of an international law firm, where he assisted clients with a variety of civil and commercial litigation matters. Kyle has appeared before both the Alberta Court of Queen’s Bench and Provincial Court. Kyle recently took a hiatus from practice to work towards a LL.M (Masters of Law) at the University of Toronto, with an expected conferral date this fall.
Elisa Stewart joins the firm as a student-at-law, having completed the first portion of her articles at the Calgary Court of Queen’s Bench. As a clerkship student at the Court, Elisa had the opportunity to work with Justices and Legal Counsel on a wide variety of legal issues, including matters related to civil, criminal, family, and constitutional law. She has a keen interest in bankruptcy and insolvency, occupational health and safety, and construction litigation. Elisa is pleased to be articling under the guidance of her Principal, Catriona Otto-Johnston of Rose LLP, and anticipates being called to the bar in December.
All of us at Rose LLP congratulate Jane Sidnell Q.C., one of our founding partners, on her appointment as a Justice of the Court of Queen’s Bench of Alberta effective April 6, 2020. Justice Sidnell has had a stellar legal career, starting at Miller Thomson LLP, then at Fraser Milner Casgrain LLP and for the last seven-plus years as a partner of Rose LLP. She has been a leader at the Bar, an excellent partner and an even better friend, and we wish her the very best in her new role on the Bench.
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.
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.
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.
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 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".
Jane Sidnell has been appointed as a Director of the Canadian Bar Association's Law for the Future Fund (LFFF). The LFFF provides financial support for Canadian research projects of national interest that are of benefit to the general public.
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.
Rose LLP's David Wachowich and Professor David Wright jointly presented to a class of 130 second year law students at the University of Calgary on January 9, 2019. The presentation was titled "Negotiation and Dispute Resolution".
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.
Along with others, Jordan Milne and Adrienne Wong recently spoke at a meeting of the Canadian Bar Association's Securities Law Section. Jordan and Adrienne addressed disclosure obligations and their implications in the securities enforcement context.
Rose LLP's Shaun Hohman recently co-chaired the Advocates' Society's Fall Forum, a legal conference for young advocates from across Canada. The conference was held on October 19-20 at Blue Mountain Resort in Ontario and was titled "The Litigator of the Future".
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.
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 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.
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/
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.
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.
Five partners from Rose LLP were singled out in the recent Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. Brian Foster, Q.C., Jim Rose, Q.C., Jane Sidnell, Robert Simpson, Q.C. and Lowell Westersund, Q.C. were all recognized as leading practitioners in their field.
Rose LLP figured prominently in the Best Lawyers® guide of leading legal practitioners in Canada for 2015. The following lawyers from Rose LLP were recognized:
Matthew Lindsay, Q.C. Construction Law and Corporate & Commercial Litigation
Jim Rose, Q.C. Corporate & Commercial Litigation, Insurance/Personal
Injury Litigation and Product Liability Law
Phil Scheibel Construction Law
Jane Sidnell Construction Law
Robert Simpson, Q.C. Construction Law
David Wachowich, Q.C. Insurance/Personal Injury Litigation
Lowell Westersund, Q.C. Construction Law
Rose LLP and its lawyers have been recognized in the 2014 edition of Chambers Global. The firm was identified as a leading Canadian construction firm and two of its lawyers – David Wachowich (Dispute Resolution) and Lowell Westersund (Construction) – were acknowledged individually for their reputation and ability
Rose LLP is proud to announce that Phil Scheibel has been inducted as a fellow of the Canadian College of Construction Lawyers. The induction occured during the College's annual meetings from May 29 to June 1, 2014 in Vancouver. Phil joins Rose LLP's Lowell Westersund, Q.C. and Jane Sidnell on the College's roster of governors and fellows.
The Advocates' Society, a premiere Canadian organization devoted to promoting excellence in advocacy, hosted a conference in Calgary on May 6, 2014 on the subject of oral and written advocacy. Rose LLP's Brian Foster, Q.C., a newly-appointed director of the Advocates' Society, co-chaired the conference, moderated discussions and sat on a panel addressing effective oral advocacy. Jim Rose, Q.C. also gave a presentation on preparing effective legal pleadings.
The Legal Education Society of Alberta (LESA) hosted its 47th annual Litigation Refresher on April 27-29, 2014 in Lake Louise with significant contributions from Rose LLP lawyers. Jim Rose, Q.C. served as a sessional chair and David Wachowich, Q.C. presented a paper entitled "Neuroscience as Expert Evidence in Canadian Courts". The paper was co-authored by David Wachowich and Jared Craig of Craig Law Firm.
David Wachowich of Rose LLP and Craig Good of Collision Analysis jointly presented to the Alberta Civil Trial Lawyers Association on March 10 and 12, 2014 in Calgary and Edmonton. The presentation addressed the retainer and instruction of an accident reconstruction expert and was co-authored by David, Craig and Rose LLP's Michael Oxman.
Brian Foster of Rose LLP has been appointed to the Law Society of Alberta's Conduct Committee. Brian previously sat on the Law Society's Audit Committee for the past four years.
Rose LLP is very proud to announce that Matt Lindsay has been appointed a Queen's Counsel. The appointment was announced by Justice Minister Jonathan Denis on December 31, 2013 and was made official at a ceremony presided over by Chief Justice C.A. Fraser on February 19, 2014. Matt is the sixth lawyer from Rose LLP to hold the Queen's Counsel designation.
Phil Scheibel spoke at a meeting of Canadian Bar Association's Corporate Counsel Subsection on February 4, 2014. Phil addressed the subject of "Project Development in Western Canada, Challenges and Opportunities".
Rose LLP's Brian Foster was selected by the Advocates' Society as a member of its Task Force on National Expansion. The Advocates' Society is the leading Society that represents advocates and provides advocacy skills training, both through seminars, practice groups, its Fall national convention and mentoring services. Its Board and members consist of the leading litigation lawyers in Canada. The Advocates' Society has created the Task Force to review the expansion of its membership and services beyond it present strong Ontario base.
Jane Sidnell of Rose LLP delivered a presentation to the Glass and Architectural Metals Association (GAMA) on January 16, 2014. The presentation, a copy of which is available for download here, focused on the law surrounding "pay-when-paid" clauses in construction contracts. Michael Oxman, also of Rose LLP, assisted Jane in preparing the presentation.
In December 2013, the Alberta Law Review published an article co-authored by Rose LLP's Jane Sidnell and Shaun Hohman. The article, cited as 51 Alta. L. Rev. 313, examines the collision between federal and provincial occupational health and safety regimes and the constitutional issues that such collisions create, and attempts to clearly delineate under what circumstances each regime will apply.
FraudNet, an international network of fraud recovery lawyers organized under the International Chamber of Commerce, held its Fall 2013 meeting on November 7-8, 2013 in São Paulo, Brazil. Rose LLP's Matt Lindsay is the Executive Director of FraudNet and was chair of the Fall 2013 meeting.
Rose LLP is a proud member of FraudNet and provides leading fraud recovery services. For further information with respect to FraudNet, please visit www.icc-ccs.org or see the Fall 2013 edition of the FraudNet Report, which is available online for download at http://icc-ccs.org/fraudnet-report/form/140.</a>
On November 5, 2013, Alberta Court of Queen's Bench Master Keith Laycock dismissed an action against a Newfoundland regulatory board alleged to have improperly released seismic data to the plaintiff's Alberta business competitor. The Court found that the plaintiff could establish no real and substantial connection which could allow the Court to find jurisdiction simpliciter, and that there were insufficient connecting factors between Alberta and the claims maintained against the board. Alberta was not, in any event, a forum conveniens for the claims. James W. Rose, Q.C. of Rose LLP appeared on behalf of the Canada-Newfoundland and Labrador Offshore Petroleum Board in the case, which is referenced as Geophysical Service Incorporated v. Arcis Seismic Solutions Corp. and C-NLOPB.
Rose LLP is pleased to announce that David J. Wachowich, Q.C. has joined James W. Rose, Q.C. as a Fellow in the American College of Trial Lawyers. Dave was honoured at an induction ceremony in San Francisco, California on October 26, 2013.
On October 21, 2013, Master Keith Laycock of the Alberta Court of Queen's Bench dismissed an action brought by a commercial wine equipment distributor, resident in Alberta, against an Italian wine equipment manufacturer to recover on a settlement arising from a tank malfunction and significant product loss. The Court directed the parties to resolve the dispute in Italy, the exclusive jurisdiction identified for dispute resolution in the Distributorship Agreement. David Wachowich, Q.C. and Michael Oxman represented the successful defendant in Gould Stainless Products Ltd. v. Zorzini S.p.A..
Robert Simpson, Q.C. of Rose LLP presented at the ADR Institute of Canada's National Conference in Toronto. Robert's presentation, a copy of which is available for download, focused on mediation strategies for complex construction disputes.
On September 27, 2013, Justice Horner settled a longstanding dispute regarding the entitlement of competing parties to purchase the Encana Place office tower in downtown Calgary. Guided by established principles of contractual interpretation, Justice Horner decided the dispute in favour of Encana Corporation, which now enjoys a priority right to acquire the office tower. Encana was successfully represented in the Alberta Court of Queen's Bench by Lowell Westersund, Matt Lindsay and Jordan Milne.
Brian Foster attended the Advocates' Society annual Fall Convention in Anguilla as a member of a panel moderated by Christie Blatchford of the National Post, addressing The Politics of Litigation: Navigating the Media in High Profile Cases. The Fall Convention CPD program included training seminars providing to Society members renewed advocacy skills and strategies. The Advocates' Society is the premier provider of skills training for advocates in Ontario and elsewhere in Canada. Brian presented a paper addressing the professional conduct issues and other pitfalls that can arise when speaking to the media about cases before the court.
Rose LLP is counsel to Fluor Canada Ltd., a leading global EPC company, in an $87 million oil sands project dispute. Rose LLP lawyers applied on behalf of Fluor to strike six third party claims advanced against Fluor by manufacturers and suppliers to the project. The application was before the Alberta Court of Appeal, where Fluor was represented by Lowell Westersund, Q.C., Phil Scheibel and Josh Fraese. The Court of Appeal struck all allegations that Fluor breached duties of care to the project owner, in a decision which clarifies the law relating to contribution claims, reported as Arcelormittal Tubular Products Roman S.A. v. Fluor Canada Ltd., 2013 ABCA 279.
Rose LLP is pleased to announce that two of its lawyers – Jim Rose, Q.C. and Robert Simpson, Q.C. – were honoured by Best Lawyers® as 2014 "Lawyers of the Year" in their respective practice areas. Jim has been recognized as the "2014 Insurance Law Lawyers of the Year" and Robert has been designated as the "2014 Calgary Construction Law Lawyer of the Year".
On August 12, 2013, Best Lawyers® published its guide of leading legal practitioners in Canada for 2014 and Rose LLP is pleased to announce that seven of its lawyers have been identified as leading lawyers in their respective specialty areas. The lawyers and their recognized specialty areas are as follows:
Matthew R. Lindsay
Construction Law
Corporate and Commercial Litigation
Jim W. Rose, Q.C.
Corporate and Commercial Litigation
Insurance Law
Personal Injury Litigation
Product Liability Law
Phillip J. Scheibel
Construction Law
E. Jane Sidnell
Construction Law
Robert J. Simpson, Q.C.
Construction Law
David J. Wachowich, Q.C.
Insurance Law
Personal Injury Litigation
Lowell A. Westersund, Q.C.
Construction Law
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On July 11, 2013, Justice C.M. Jones rendered his judgment in Perehudoff v. Christiano, 2013 ABQB 390 in favour of a Rose LLP client. The encompassing judgment addressed the scope of the implied undertaking rule in related party proceedings, the limitation period applicable to constructive trust and deemed trust claims arising from the demise of a relationship, and the quality of evidence required to support and resist an application for security for costs. The Defendant/Applicant, Sandi Christiano, was represented by Jordan Milne of Rose LLP.
Phil Scheibel of Rose LLP successfully represented an employer before the Appeals Commission of the Workers' Compensation Board and obtained an award of approximately $1.9 million in employer premium rebates pursuant to the Partners in Injury Reduction program. Phil Scheibel and Josh Fraese then brought an application before the Board of Directors of the Workers' Compensation Board for the payment of interest on the award. The Board of Directors granted the request and issued an Order to provide for the payment of interest in this class of case, bringing the total award to approximately $2.4 million. The new Order is attached here.
On June 1, 2013, Jane Sidnell was appointed as a Governor of the Canadian College of Construction Lawyers, joining Lowell Westersund in that role. The purpose of the Canadian College of Construction Lawyers 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.
On May 24, 2013, Jane Sidnell addressed consequential damages at the Construction Specifications Canada National Conference (see the presentation here). On June 20, 2013, Jane and Shaun Hohman made a presentation to the Canadian Energy Law Conference on the collision between federal and provincial occupational health and safety regimes in energy and resource projects.
On May 2, 2013, Madam Justice C.A. Kent of the Alberta Court of Queen's Bench granted a permanent injunction enjoining the Association of United Ukrainian Canadians from selling a camp at Sylvan Lake, Alberta pending an internal appeal process to be heard at the Association's National Convention in October 2013: see 2013 ABQB 262. The successful Applicant, Tony Woloshyn, was represented by Josh Fraese of Rose LLP.
The April 2013 edition of Canadian Lawyer featured Rose LLP in a prominent article entitled Calgary Lawyers Merging, Moving and Shaking. The firm's namesake, Jim Rose, Q.C., and its managing partner, Matt Lindsay, were both interviewed for the article
In a decision reported as Canadian Natural Resources Limited v. Arcelormittal Tubular Products Roman S.A, 2013 ABCA 87, the Alberta Court of Appeal refused to allow amendments alleging that Fluor Canada Ltd. and Canadian Natural Resources Limited engaged in high-handed conduct equivalent to fraud. Fluor Canada Ltd. was successfully represented by Lowell Westersund, Q.C. and Josh Fraese.
Lexpert Magazine recently proclaimed the Reference Re Securities Act, 2011 SCC 66 to be the "top case" of 2012. The case reinforced provincial constitutional jurisdiction over trading in securities and rejected a proposed single federal securities regulatory regime. Brian Foster, Q.C. and Jordan Milne of Rose LLP successfully represented the Attorney General of Alberta before the Supreme Court of Canada, as well as the Alberta and Québec Courts of Appeal.
On March 1, 2013, Phil Scheibel gave a presentation to the Canadian Energy Law Foundation. The presentation, a copy of which is available for download here, addressed the subject of "Project Agreements, Risk Management and Litigation Risk".