Commercial Litigation Transactions & Cases
Examples of the types of commercial litigation matters McLennan Ross has handled recently include providing: - Litigation advice to an individual being sued on the representation and warranty provisions in a share sale agreement
- Legal advice to a company attempting to enforce a contractual arrangement that is being denied
- Legal advice in respect of several aborginal land claims
- Legal advice to a company regarding alleged unauthorized harvesting on an indian reserve
- Legal advice to a company being sued for losses sustained as a result of a forest fire on public lands
- Legal advice to an individual alleged to have breached his employer's patent policy
Representative examples of McLennan Ross commercial litigation matters include: Marathon Oil v. Enron Canada McLennan Ross represents the Plaintiff in a $93 million action involving the Canadian subsidiary of the Enron organization. Enron alleges that Marathon inappropriately terminated its forward gas contract and ceased supplying gas. The claim is still in the examination for discovery stage. Counsel: Don Dear and Jim Lebo Imperial Oil Limited et al v. The Minister of Environment and City of Calgary McLennan Ross represents the City of Calgary, a major North American municipality, with respect to one of the largest contaminated site actions in Canada. The provincial regulator initiated regulatory proceedings against Imperial Oil (the Canadian subsidiary of Exxon) as the source of contamination found beneath a residential subdivision. Imperial sought to include other parties, including the City of Calgary, in the remediation Order. The City succeeded in having Imperial Oil's applications dismissed before a regulatory hearing and that decision was upheld before the courts in judicial review proceedings. This matter is currently before the Alberta Court of Appeal. Counsel: Ron Kruhlak and Corbin Devlin MacKinnon v. National Money Mart et al McLennan Ross is counsel to one of the Defendants in class action proceedings that have been commenced in the provinces of Alberta, British Columbia and Ontario. The class actions allege that the Defendant payday loan companies are operating unlawfully and claim damages in the tens of millions of dollars. Defence of these class action proceedings continues, and none has yet been certified to proceed as a class action. Counsel: Graham McLennan and Stuart Chambers BP Canada Energy Company et al v. Alberta Energy and Utilities Board, Petro-Canada et al McLennan Ross represented the Alberta Energy and Utilities Board on a number of leave to appeal and judicial review applications arising out of Board orders shutting in over 900 gas-producing wells in northern Alberta. The purpose of the shut-in orders was to preserve related bitumen resources required by the tar sand extraction plants operating in northern Alberta. This case involved gas production valued in the hundreds of millions of dollars, and the affected bitumen resources were required for multibillion dollar tar sand extraction plants. Counsel: Rod McLennan and Tom Ross Transocean v. Petro-Canada McLennan Ross successfully represented Transocean, the world’s largest owner of offshore drilling rigs in a dispute with Petro-Canada. The issue surrounded the interpretation of a contract and the valuation of one particular drilling rig working on the Grand Banks of Newfoundland. The dispute resolution mechanism was the United Nations Convention for Arbitrations (UNICTRAL). Our dispute was heard before a three member panel of arbitrators. Witnesses gave evidence from Houston, St. John’s Newfoundland, Iraq and Norway. Counsel: Don Dear Active clients of McLennan Ross in the area of commercial litigation include: PricewaterhouseCoopers LLP Marathon Oil Corporation Alberta Energy and Utilities Board Dow Chemical Company Province of Alberta City of Calgary Lehigh Inland Cement Ledcor Group of Companies TransAlta Utilities Corporation Scotiabank
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