Litigation

With more than 50 lawyers in our litigation practice group, we have the depth of knowledge, experience and resources our clients require to handle complex civil and commercial litigation and arbitration matters in Canada and around the globe. We handle a diverse range of major projects and represent clients in a number of areas including oil and gas, electricity, natural resources, taxation, securities, corporate governance and aboriginal matters. We routinely handle major litigation projects in special cases, large corporate and commercial cases, as well as multi-party class action suits that require the assembly of multi-disciplinary teams of lawyers and paralegals.

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REPRESENTATIVE EXPERIENCE

Defence of Government of Canada Against First Nations Claims

Continue to defend the Government of Canada against two multi-billion dollar claims brought by two First Nations alleging breach of treaty and mismanagement of their oil and gas resources and the royalties flowing therefrom.

The first two phases of a multi-phase trial lasted over four years and resulted in a dismissal of the claim to a higher rate of return on monies collected and held on behalf of the First Nations by the Government.

The appeal from that decision was argued over a four-week period in the fall of 2006 and was dismissed in late December 2006. A further appeal was argued in the Supreme Court of Canada in May, 2008.

"Fair Value" Claim

Macleod Dixon LLP successfully defended a claim brought by an American hedge fund dissenting from an amalgamation transaction which formed the second stage of the acquisition of Deer Creek Energy Limited, an early stage oil sands company, by the Canadian subsidiary of French multinational Total S.A.

The Alberta Court of Queen's Bench found that the fair value of Deer Creek's shares was $31 at the relevant Valuation Date, dismissing claims put forward by Paulson & Co. Inc. and a number of other smaller shareholders that the shares were worth between $110 and $200 per share.

Manufacturer Seeking to Enforce Insurance Coverage

Macleod Dixon acted through trial for an international manufacturer of gasoline market products in seeking to enforce insurance coverage for business interruption losses at one of its major processing facilities.

Arbitrated Disputes Between Shippers and Major Transcontinental Carrier

Acted for a major transcontinental carrier in arbitrating a number of disputes with shippers over terms and conditions of freight carriage contracts.

Defeated an appeal to the Federal Court of Appeal

Acted for two major energy companies in defeating an appeal to the Federal Court of Appeal from a decision of the National Energy Board.

Helicopter Design and Manufacture

Macleod Dixon acted for two world leaders in helicopter design and manufacture. We have defended them in litigation arising from significant accidents both in North America and abroad.

We also represented the world leader in general aviation engine manufacture concerning a plane crash in British Columbia.

International Aviation Counsel

Provided legal advice, litigation support and opinions regarding international aviation conventions and protocols to foreign counsel following the fatal crash of an Antonov AN-140-100 aircraft at Nardaran, Azerbaijan.

Multi-national Energy Company Suit Against Competitor

Macleod Dixon represented a large multi-national energy company in a suit concerning the use by a competitor of its confidential pressure data to successfully bid on adjoining lands. Our client was successful in obtaining a constructive trust and in defeating a multi-billion dollar counterclaim.