A partner with McLennan Ross, Ken has a broad range of litigation experience in all levels of court in Alberta and Saskatchewan as well as the Federal Court of Canada. He is currently Chair of the Edmonton Commercial Litigation Practice Group.
Ken has successfully participated in a number of cases involving: Shareholder disputes, Medical malpractice, Insurance law and defence, Directors’ liability, Employment law, Professional liability, Intellectual property and Construction litigation.
In addition to Ken’s litigation experience, he has also practised in a corporate/commercial setting, where he was involved in various commercial lending transactions, security matters and regulatory projects. Ken has a strong business background, which includes managerial experience with the Canadian Imperial Bank of Commerce (CIBC), and work in a structured finance capacity on a joint venture project between the CIBC and Wood Gundy.
Education
- LL.B., University of Alberta
- MBA, York University
- B.A. Economics, Queen’s University
Community and Volunteer Activities
- Board of Directors, Workshop West Theatre Company
- University of Alberta Law School - Moot Court Program
- Coach, Laurier Heights Junior High School - Senior Girls Team Volleyball
- Club Team Manager and Treasurer, Northern Alberta Volleyball Club
Commercial Litigation
369413 Alberta Ltd. v. Pocklington, 1998 ABQB 603
- This decision concerned a procedural application brought by several parties seeking to have a claim dismissed for want of prosecution.
Bre-X Minerals Ltd (Trustee of) v. Bennett Jones Verchere, 2001 ABCA 255
- This decision concerned an application by the trustee in bankruptcy of Bre-X Minerals Ltd. seeking to access documents protected by solicitor-client privilege. The application also dealt with the issue of whether the trustee in bankruptcy had the power to waive solicitor-client privilege of a bankrupt.
Carrington Petroleum & Fertilizers Ltd. v. Imperial Oil Ltd., 2003 ABQB 545
- A trial judgment concerning the terms of a written agreement between a bulk fuel agent and Imperial Oil Limited and the rights and the resulting obligations of the parties during the term of and on termination of that relationship.
Chartrand v. Alberta (Human Rights and Citizenship Commission), 2008 ABQB 207
- This decision concerned an application wherein the applicant sought judicial review of an Alberta Human Rights and Citizenship decision which had dismissed her complaint of alleged gender discrimination in the workplace.
Re: Fred Johannesen, 2002 ABQB 756
- This decision concerned a procedural application to determine the rights and obligations arising under a letter of credit and also considered the autonomy of documentary credits. It also addressed issues relating to injunctive relief.
Gregg Properties Co. Ltd. v. Giffels Management Ltd., 2009 ABQB 485
- A trial judgment concerning an attempt by the Defendant to breach its obligations under a commercial real estate purchase and sale agreement in reliance upon a condition precedent that required the property to be sub-divided before the transaction could close. The issues raised at trial included a determination of whether the vendor had taken reasonable steps to comply with its good faith obligation to obtain sub-division approval.
Hendy Holdings Ltd. v. Camrose Lutheran College Corporation, 2002 ABQB 76
- A trial judgment concerning a breach of contract claim brought on behalf of an architect who had prepared extensive design and working drawings for the Defendant. Construction of the project was placed on hold for an extended period of time and when the Defendant decided to resume the project, it terminated the agreement with the Plaintiff and sought the services of a new architect.
Inland Concrete Limited v. Commonwealth Insurance Company, 2010 ABQB 600
- A trial judgment related to an action for coverage under a builders’ risk policy of insurance arising out of a construction site remediation caused by a compacto pile failure at the NAIT ICT Centre.
ITV Technologies, Inc. v. WIC Television Ltd., [2000] F.C.J. No. 67
- A decision of the Federal Court of Canada concerning a taxation of costs arising out of a trademark expungment and infringement action.
KOS Oilfield Transportation Ltd. v. Mitchell, 2010 ABCA 270
- An Alberta Court of Appeal decision arising out of an interim injunction Order obtained by the former employer of three ex-employees which gave rise to injunctive relief including a prohibition on employment, return of confidential information and disclosure of all contacts made by the former employees with customers and former customers of the former employer.
PCL Industrial Constructors Inc. v. United Brotherhood of Carpenters and Joiners of America, Local 1985, 2002 SKQB 173
- A judicial review application of an interlocutory decision of the Labour Relations Board (Saskatchewan) on the ground that the applicant was denied a fair hearing contrary to the principles of natural justice.
Rennick & Di Pinto v. Institute of Chartered Accountants of Alberta, 2004 ABQB 570
- This matter involved civil litigation proceedings as well as professional disciplinary matters before the Institute of Chartered Accountants. Both the civil litigation proceedings as well as the Institute of Chartered Accountants (Alberta) proceedings were intertwined and the application dealt with procedural issues relating to the interaction of these two concurrent proceedings.
Spar Aerospace Limited v. Aerowerks Engineering Inc., 2007 ABQB 543
- This litigation concerned the efforts by three former employees to compete with their former employer, Spar Aerospace Limited. An Anton Piller Order had been obtained and this particular application dealt with the failure of the Defendants to comply with various aspects of the procedural Orders which followed the issuance and execution of the Anton Piller Order.
Weatherford Canada Partnership v. Addie, 2009 ABQB 39
- This action concerns allegations that several Defendants were involved in the replication of progressive cavity downhole pumps to the alleged detriment of the Plaintiff. The attached decision is one of numerous decision of the Court concerning this ongoing litigation.
Professional Disciplinary Matters
In addition to his commercial litigation practice, Ken has successfully participated in a number of professional liability matters. Ken’s involvement with professional disciplinary matters include matters before the Institute of Chartered Accountants of Alberta, the College of Physicians and Surgeons of Alberta and the Alberta Veterinary Medical Association.
Ken’s involvement in these matters has included representation of professionals at the disciplinary stage and tribunal hearing stage as well as the investigative stage of disciplinary proceedings.
