Lawson Lundell

Global

Review

Canada

Dispute resolution

BRITISH COLUMBIA
Lawson Lundell’s BC operations span offices in Vancouver and two locations in Kelowna. The Vancouver office houses one of the city’s largest and most comprehensive litigation benches, composed of lawyers attending to a diverse array of practices encompassing several specialties – particularly, aboriginal law, energy and resource law, and labor and employment – in which the firm has long held dominant positions. “They are excellent lawyers - they are detailed but able to provide concise advice,” testifies an appreciative client. Keith Bergner, who elicits unwavering peer support as an authority in the aboriginal law community, provides counsel the Province of British Columbia in several matters, including one in which the plaintiff First Nations commenced litigation in 2014 seeking a declaration of Aboriginal title to certain lands in Richmond, British Columbia and adjacent lands under the Fraser River, much of which is highly developed and home to various industrial, commercial, recreational and residential developments. Bergner took this case over from the Province’s in-house counsel, and concluded written and oral argument in November 2023. Craig Ferrisand Mark Fancourt-Smith represent BC Hydro in a construction issue, valued between $10 and $30 million, relating to the structural integrity of the Big Bend substation in Burnaby as a result of a berm along the Fraser River approved by the City of Burnaby and installed by Canada Lands Corporation. Ferris, an all-purpose trial lawyer, garners unanimous acclaim from all familiar with him, and Fancourt-Smith is also developing a loyal following of his own. “Mark is an excellent problem-solver and all-around great lawyer,” raves a client. “His customer service is fantastic, his knowledge of his practice area is outstanding, his ability to strategize and come up with creative solutions is exceptional, and his ability to communicate complex subjects and distill them into layman's terms is a great trait. I would highly recommend Mark to anyone and have full confidence in his advice and his representations.” Marko Vesely represents Orion Fund JV Limited in a cross-border dispute to recover USD$38 million from defendants, based in Peru, concerning a mine that went into receivership allegedly as a direct result of the defendants’ failure to pay the purchase price for shares in a restructuring transaction. Clara Ferguson, who attends primarily to energy and regulatory law, as cheered by a client as “exceptionally smart, very knowledgeable about her area and willing to work to understand if she is not. She is practical and able to see pathways through complex issues.” Lawson’s labor and employment practice, helmed by Robert Sider and Nicole Skuggedal, is also addressed as one of Vancouver’s strongest. “Rob Sider is a pleasure to deal, which you can’t for granted in this field of law,” remarks a peer. A client addresses Skuggedal as “practical and responsive,” noting, “[She] provides excellent advice and counsel.”

 

ALBERTA

Lawson Lundell’s Calgary location is newer and smaller than it’s Vancouver flagship, although not by much. The team in this office was recently amplified by a group that decamped from a provincial firm and have acted with aplomb on establishing Lawson as a meaningful market presence on the strength of some key institutional relationships. “That group quickly entrenched itself in this city and came into their own,” observes a peer. Chief among these is Mike Donaldson, who “has really done well with managing that important TransAlta work.” Among several other mandates, Donaldson represents this client in an administrative law case concerning an agreement with the Province of Alberta in 2016 in which it agreed to shut down its coal plants before their end of life in exchange for $40 million in transition payments. The Province then passed a property tax regulation that prohibits anyone who is a party to such an agreement from claiming certain types of depreciation deductions. TransAlta challenged the regulation as discriminatory and unlawful. Shannon Wray and Shailaz Dhalla act for TransAlta in another matter concerning the client’s entitlement to its proportionate decommissioning costs on two properties pursuant to the Power Purchase Arrangements Regulation. The client seeks to recover $75million by way of a final order from the Alberta Utilities Commission for forecasted decommissioning costs. Wray is championed by one client as “an absolute pleasure to work with and well informed about the business and the law.” Another asserts, “Shannon provides excellent advice, knowledgeable and timely responses, and advice that takes business considerations into account.” Shannon Hayes is also a client favorite. “She is extremely knowledgeable about litigation processes in Alberta and always provides practical advice and risk assessments. She always keeps us informed of progress and provides options for steps to take in litigation.” Two younger stars, Alexis Teasdale and Jonathan Selnes, are also developing a strong local following. One contemporary quips, “If you’ll pardon my language, Alexis and Jon work their asses off and are so good. They must be recognized more!”