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 "Fair Value" Claim

Successfully defended the Canadian subsidiary of French multinational Total S.A. through the Alberta Court of Appeal on a "fair value" claim led by an American hedge fund. The hedge fund and a small group of other shareholders dissented from an amalgamation transaction which formed the second stage of the takeover of Deer Creek Energy Limited, an early stage oil sands company.

The Alberta Court of Queen's Bench found that the fair value of Deer Creek's shares was $31 at the relevant Valuation Date, exactly what Total had offered. The Court dismissed claims of up to $1.5 billion put forward by the dissenting shareholders, who argued that the shares were worth between $110 and $200 each. The dissenting shareholders' appeal from the $31 award was dismissed by the Alberta Court of Appeal in 2009.

Defence of Government of Canada Against First Nations Claims

Successfully defended the Government of Canada through the Supreme Court of Canada against multi-billion dollar claims brought by two First Nations alleging breach of treaty and mismanagement of significant oil and gas royalties resulting from production on their reserves. The case involved a Federal Court trial which lasted over four years from 2000 - 2004, a Federal Court of Appeal decision in 2006, and a unanimous Supreme Court of Decision in favour of the Government in 2009.

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.