Stuart Chambers is a partner with McLennan Ross practicing in the areas of energy, environmental & regulatory and commercial litigation, with a particular focus on environmental and occupational health and safety regulatory law, health law, class actions, and professional liability law.
Stuart has extensive experience advising oilsands, and other industrial, operators in relation to environmental and health and safety law issues, in particular in preparation for and responding to regulatory investigations and prosecutions.
Stuart has a wide range of experience in commercial litigation matters, including: contractual disputes, recovery of funds from fraudulent investment and development schemes, shareholders' disputes, debt collection, construction disputes and judgment enforcement.
While Stuart has extensive experience in dealing with complex multiparty litigation, he is equally comfortable in finding efficient solutions for smaller disputes. Stuart is also experienced in utilizing alternative dispute resolution methods including mediation and arbitration to resolve issues. In addition, Stuart has significant experience acting as both plaintiff and defendant counsel in class actions in Alberta and in British Columbia.
Stuart advises various organizations on contract interpretation, drafting and policy issues and advises government and administrative tribunals on health-related policy and adjudicative matters involving patient issues and professional disciplinary matters. Stuart regularly handles litigation and disciplinary matters involving legal, health and accounting professionals.
Education
LL.B. (Distinction), University of Alberta
B.A. (Honours), University of Alberta
Professional Associations and Affiliations
Secretary, Canadian Bar Association, National Environment, Energy and Regulatory Law Section
Chair, Environmental Section (Canada), Meritas
Former Chair, Canadian Bar Association (Alberta Branch), Environmental Law Section – Northern
Community and Volunteer Activities
Former Director, Environmental Services Association of Alberta
Member, Edmonton Chamber of Commerce Energy & Environment Committee
Committee Member and Ambassador, Alberta Emerald Foundation for Environmental Excellence
Former Director, Edmonton Humane Society
Commercial Litigation
Represented a middle eastern resource development company in connection with litigation in Alberta surrounding the purchase and shipment of an enormous piece of specialized equipment. Shipment was delayed, to such an extent that the equipment was of no use to the purchaser when it arrived. Issues in the litigation focused on the potential liability of the various carriers of the equipment, by land and by sea. The litigation was eventually resolved by settlement prior to trial.
Represented an individual in connection with a lawsuit claiming professional negligence against the individual’s former lawyer arising from advice relating to the purchase and operation of a franchise. The individual was successfully sued by the franchisor, and then sought to recover those damages from their former counsel. The matter was resolved by settlement prior to trial.
Acted as an “Independent Supervising Solicitor” in connection with the enforcement of an “Anton Pillar Order” as part of a significant commercial litigation action involving allegations of misappropriation of corporate secrets and proprietary information.
Class Actions
Has a primary role on the Plaintiff Class Counsel team pursuing a securities fraud class action on behalf of approximately 1,500 investors, many of whom lost their life savings.
Key member of the defence counsel team in relation to class actions commenced across Canada against a major payday loan provider. Settlement of all of these class actions has been coordinated with the exception of British Columbia, where the litigation continues.
Regulatory Investigations and Enforcement
Played a key role in the defence team on behalf of an oilsands operator responding to an investigation by federal Fisheries officials in connection with alleged deposits of sediment into fish-bearing waters. Charges were laid and the matter proceeded to prosecution, but was resolved prior to trial.
Part of the defence team representing an oilsands operator in the response to an investigation, and the defence of a prosecution, relating to failure to install pollution abatement equipment. The matter was resolved prior to trial.
Part of the defence team acting as sentencing counsel, representing an oilsands operator, which led to a negotiated resolution to various federal and provincial environmental convictions.
Part of the defence team in connection with the defence of federal Fisheries charges arising from the redevelopment of a river shoreline and associated vegetation, which matter was resolved prior to trial.
Played a lead role in a client’s investigative team in responding to information surrounding a potential environmental release and, after investigating the release, formed part of the response team dealing with the regulator. The internal investigative process resulted in the regulator electing not to lay charges as a result of the client’s own investigative and remedial steps.
Involved in the defence of an agricultural operator charged under the Water Act with using unallocated water for irrigation purposes. This matter was resolved prior to trial.
Involved in the defence of an individual charged with criminal and environmental regulatory offenses in connection with alleged breaches of reporting obligations to the provincial regulator. The matter was resolved prior to trial.
Formed part of the defence team in responding to Environmental Appeal Board and subsequent Court of Queen’s Bench proceedings, in which other parties sought to bring our client into a regulator-ordered remediation of residential properties. The matter was successfully concluded.
Represented a local landowner group seeking to intervene in regulatory proceedings, in opposition to construction of a mine haul road. The matter was resolved with negotiation of a settlement that provided for the financing of a water and sewage system for the affected municipality.
Environmental Civil Litigation
Acts for environmental engineering consultants in connection with various litigation alleging professional negligence arising from soil remediation assessment and reporting work.
Acted for a major industrial operator in connection with litigation alleging improper calculation and reporting of greenhouse or “specified” gases under Alberta’s specified gas reporting and reduction legislation, which matter was resolved prior to trial.
Acts for a major pipeline operator in connection with litigation alleging personal injuries and property damage arising from a pipeline leak.
Other Environmental Issues
Advised a North American waste management consulting company on legal issues, contractual negotiations and collection efforts at varying levels of claims in relation to recycling and waste management programs across North America.
Member of the McLennan Ross consulting team advising government regarding legal, constitutional and policy issues connected with environmental regulation.
Occupational Health & Safety
Part of the defence team representing a major oilsands and pipeline operator in connection with a serious workplace accident that saw an operator severely injured during a horizontal drilling operation. The matter was resolved prior to trial by way of a joint plea bargain including the relevant subcontractor/co-accused.
Part of the defence team in negotiating a settlement in connection with the tragic death of a worker employed by a major oil sands operator during ice cleaning operations.
Represented a concrete laying subcontractor in connection with the injury of a worker who fell through an unguarded opening in a high rise building, suffering serious injuries. The matter was resolved by settlement prior to trial.
2012
“Why No OHS Class Actions?”, Stuart Chambers, CBA National Energy, Environmental and Resources Law Section Eco-Bulletin
2011
"Fines and Fowl: The Trial of Syncrude", Stuart Chambers and Lisa Semenchuk, in Stanley Berger, ed,Key Developments in Environmental Law(Toronto: Canada Law Book, 2011) 1
"Judgement Overturned in Major Class Action", McLennan Ross Legal Counsel Newsletter
“Trends in Alberta Environmental Enforcement: Fines, Fowl and Finger-Pointing”, Lisa Semenchuk and Stuart Chambers, CBA National Energy, Environmental and Regulatory Law Section Summit
2010
“Health, Safety and Environment: The Key Differences Between Environmental and Occupational Health and Safety Investigations”, Stuart Chambers and Shilo Neveu, McLennan Ross HSE Newsletter
“Supreme Court of Canada Restricts Federal Discretion in Environmental Assessments”, McLennan Ross Legal
2009
“Compliance with Environmental Regulations May Not Preclude Civil Liability”, McLennan Ross Legal Counsel
2012
"A User's Guide to Injunctions and Related Remedies", LESA Common Chambers Applications Seminar - Edmonton and Calgary
“Environmental Law and Regulation in Alberta” presented on “Trends in Environmental Enforcement – The Defence Perspective”, The Canadian Institute - Calgary
"Remediation Technologies" Pre-Conference Legal Workshop, Environmental Services Association of Alberta
“Trends in Environmental Enforcement – The Defence Perspective”, Moderator, Calgary
McLennan Ross LLP "Environmental Law 101" Webinars
2011
“Environmental Enforcement Trends in Alberta”, National Canadian Bar Association - Environment, Energy and Regulatory Law Section
“The Key Differences Between Environmental and Occupational Health and Safety Investigations”, (with Shilo Neveu), Alberta Construction Safety Association - National Construction Safety Officer Conference
“Basics of Environmental Law”, Environmental Services Association of Alberta – Environment Business
2010
“Environmental Hot Topics” Panel Moderator, National Canadian Bar Association - Environment, Energy and Regulatory Law Section
2009
“Civil Litigation Boot Camp”, Legal Education Society of Alberta – Calgary and Edmonton
“Basics of Environment Law”, Environmental Services Association of Alberta – Environment Business
