I was called to the Alberta Bar in July, 2005 after completing my articles at Borden Ladner Gervais, LLP under R. Craig Steele.  I remained at BLG for nearly ten years until moving to Caron & Partners in April, 2014.

I have been a Calgarian for the vast majority of my life (barring the three years I was compelled to live in Edmonton to complete law school) and don’t see myself ever leaving, at least until they turn the lights out.

There hasn’t been a time in my life where I wasn’t involved in many things Hockey.  I played from Novice until Midget and officiated for 15 seasons in both the Central Zone and North Zone, reaching as high as Junior ‘A’.  As can be seen, I remain an avid Flames fan, despite the many lean years.

I’ve been married since 2007 and have one daughter who may like the Flames even more than I do.

Associations:

  • Member, Canadian Bar Association
  • Member, Canadian Bar Association, Litigation and Insolvency Sections

Community Involvement:

  • Hockey Alberta on-ice official (in both Edmonton and Calgary), 1994-2007

Representative Work

Reported Decisions:

Commercial Truck v. Prairie Hydraulic Equipment Ltd., 2018 ABQB 218: Represented the Plaintiff in a successful claim at trial for unpaid accounts.

Piikani Nation v. Kostic, 2017 ABCA 399: Represented insolvency professionals in interlocutory applications at the Court of Appeal.

Gas Plus Inc. v. Levelton Consultants Ltd.: Represented gasoline distributor in case-managed, multi-party, interlocutory proceedings.

Geophysical Service Inc. v. EnCana Corporation et al, 2017 ABCA 125: Appeal regarding the copyright implications for seismic data and the legislation governing the same.

Hayden v. Alberta Health Services et al, 2017 ABQB 111: Security for costs decision in a suit naming, amongst others, opposing litigation counsel as a defendant.

Piikani Nation v. Raymond James Ltd., 2017 ABQB 81: Application for leave to seek costs against an entity that had successfully undergone a BIA Proposal.

Own v. Wong, 2017 ABQB 35: Decision regarding a 3-day trial for an alleged oral contract.

Sanjel Corporation (Re), 2016 ABQB 257: Application to approve a pre-CCAA sales process for assets of the Debtors.

Geophysical Service Inc. v. Encana Corporation et al, 2016 ABQB 49 (additional reasons at 2016 ABQB 229), (varying 2015 ABQB 196 in part): Decision on more than a dozen simultaneous applications for security for costs.

Geophysical Service Inc. v. Suncor Energy Inc., 2015 ABQB 201: Procedural motion regarding requirements to provide Affidavits of Records.

Geophysical Service Inc. v. Devon ARL Corp., 2015 ABQB 137: Procedural motion on the requirement to file a defence when a limitation is pleaded.

Geophysical Service Inc. v. Arcis Seismic Solutions Corp., 2015 ABQB 88: Appeal from a Master regarding real and substantial connection.

Production Enhancement Group Inc. (Re), 2011 ABQB 350:  Proceedings in a bankruptcy of an oil and gas company to determine the validity of an equitable charge.

Alberta Health Services v. Networc Health Inc., 2010 ABQB 373:  Interim-Receivership over a privately operated healthcare facility.

Transcanada Energy Ltd. V. Alberta, 2009 ABQB 717:  Judicial Review respecting actions taken by the Minister of Energy.

McQuaig v. Harbour Financial Inc., 2009 ABQB 1347:  Trial of a defamation action.

Thackray Burgess v. Rundle Development Cooperative, 2009 ABCA 203:  Appeal regarding solicitor’ liens in the context of the Receivership of Integra Investment Service Ltd. And the Inspectorship of Rundle Development cooperative.

Mustard Seed (Calgary) Street Ministry Society v. Century Services Inc., 2009 ABQB 171:  Dispute over certainty of terms in a commercial lease.

Morrow v. Zhang, 2008 ABQB 98, additional reasons 2008 ABQB 125, reversed by 2009 ABCA, leave to appeal denied [2009] S.C.C.A. No. 341(QL)L:  Charter of Rights challenge to Alberta’s Minor Injury Regulation and associated legislation.

979899 Alberta Ltd. v. Alberta, 2008 ABQB 57:  (Mis) credited as “D. Gibbons” – Judicial Review of actions of the designated Director pursuant to the Alberta Water Act.

Hudjik (Re), 2005 ABQB 244, affirmed by [2005] A.J. No. 684 (Q.B.):  Co-counsel to a creditor on a contested bankruptcy discharge and appeal.

Notable Insolvency Engagements:

Counsel to the applicant-debtors in an $8 million Division I Proposal under the BIA (2017 to present)
https://www.grantthornton.ca/en/service/advisory/creditor-updates/#MCG-Construction-Ltd

Counsel to the court-appointed Receiver-Manager of Rimstone Ridge Hotel Inc. (2017 – present) http://relieffromdebt.ca/business-solutions/current-engagements/rimstone-ridge-hotel-incorporated/

Co-counsel to a developer in the Walton International Group Inc. CCAA (2017 – present) http://documentcentre.eycan.com/Pages/Overview.aspx?SID=1400

Counsel to 2 creditors in the Receivership of Glencoe Resources Ltd. (2017 – present) http://relieffromdebt.ca/glencoe-resources-ltd/  

Counsel to an Indian Band in the CCAA of Lightstream Resources Ltd. (2016) http://cfcanada.fticonsulting.com/Lightstream/

Counsel to a foreign government and regulator in the CCAA of Argent Energy Trust (2016) http://cfcanada.fticonsulting.com/Argent/   

Counsel to 3 creditors in the Sanjel Corporation CCAA (2016 – present) https://www.pwc.com/ca/en/services/insolvency-assignments/sanjel.html

Co-counsel to the Liquidator and Proposal Trustee of the Piikani Investment Corporation (2014 -present) http://www.grantthornton.ca/services/reorg/bankruptcy_and_insolvency/Piikani 

Counsel to the Proposal Trustee of the Ceili’s group of companies (2014 - 2015) http://www.grantthornton.ca/services/reorg/bankruptcy_and_insolvency/creditor_updates/Ceilis

Co-counsel to the debtor in the Receivership of SHS Services Management Inc. and SHS Services Limited Partnership (a.k.a. Sears Home Services) (2013) https://www.pwc.com/ca/en/services/insolvency-assignments/shs.html

Counsel to the Receiver in the Receivership of 673070 Alberta Ltd. (2011 - 2012) http://relieffromdebt.ca/673070-alberta-ltd/

Co-counsel to the Trustee in bankruptcy of John Torode and TRL Capital Inc. (2010 - 2014) http://documentcentre.eycan.com/Pages/Main.aspx?SID=125

Co-counsel to a tenant-creditor in the Receivership of the Lougheed Block Inc. (Action No. 0901-08221) (2010 - 2011)

Counsel to the appointing creditor in the Receivership of Kasco Construction (Alta) Ltd. (2013 - 2014) http://relieffromdebt.ca/kasco-construction-alta-ltd/

 Counsel to the appointing creditor in the Receivership of KT Construction Services Inc. and KT Industrial Construction Inc. (2012 - 2014)  http://documentcentre.eycan.com/Pages/Main.aspx?SID=250

Co-counsel to the Receiver in the Receivership of Medallion McKnight Development Corp. (a.k.a. McKnight Quality Hotel) (2012) (Action No. 25-094227)  Co-counsel to the debtor in the CCAA, later Receivership, of Cougar Oil and Gas Canada Inc. (2012 - 2013) http://documentcentre.eycan.com/Pages/Main.aspx?SID=235

Co-counsel to the Receiver in the Receivership of Apex Energy (Canada) Inc. (2010 - 2011) http://www.insolvencies.deloitte.ca/en-ca/Pages/Apex%20Energy%20(Canada)%20Inc_%20.aspx

Counsel to a creditor in the Interim Receivership of NEFCO Furniture Ltd. (2008 - 2010) http://www.insolvencies.deloitte.ca/en-ca/Pages/NEFCO%20Furniture%20Ltd_%20.aspx

Co-counsel to the Receiver in the Receivership of Three Sisters Mountain Village (2009 - 2012) https://www.pwc.com/ca/en/services/insolvency-assignments/tsmv.html 

Co-counsel to the Receiver in the Receivership of Integra Investment Services Ltd. (2008-2010) http://documentcentre.eycan.com/Pages/Main.aspx?SID=10  

Publications and Presentations:

Author and Presenter at the September, 2015 All That Touches Family Law LESA Seminar, topic: “Bankruptcy and Insolvency Interacting with Family Law” https://www.lesaonline.org/samples/61936_02_p1.pdf

Co-Presenter (along with A. Ronald Hardie, CIRP) on Dealing with Un-Cooperative Bankrupts, a November 2011 presentation to the Canadian Bar Association – Insolvency South Section

Author, “New and Emerging Issues Arising out of the Bankruptcy or Insolvency of Energy Companies: The Impact of the latest Recession,” Alberta Law Review, (2010), Vol 48, No. 2 (with Josef G.A. Kruger). https://www.albertalawreview.com/index.php/ALR/article/view/154/154

Author, “Sealed Ex Parte Norwich Orders: Safeguarding Against Abuse of the Pre-Action Disclosure Remedy,” Annual Review of Civil Litigation, Carswell, 2004 (with Randall Block and Michael Marion).