Kyle D. Kashuba
Kyle practises primarily in the areas of commercial litigation with a focus on insolvency and restructuring matters and disputes in the oil and gas industry. He has represented parties in a wide range of legal proceedings including major contractual disputes, franchise litigation, judgment-debt enforcements, builders' lien and construction claims, employment matters, and the defence of professional negligence claims. Kyle has also played a significant role on large files involving the Companies' Creditors Arrangement Act, the Bankruptcy and Insolvency Act, receivership proceedings, international commercial arbitration, shareholder disputes and corporate-law litigation.
Kyle obtained his law degree from the University of Alberta, where he was actively involved as a member of the management and directorship of Student Legal Services. Kyle has attended on numerous matters in the Provincial Court of Alberta, the Court of Queen's Bench and the Alberta Court of Appeal, as well as before various administrative tribunals. He has also received training and experience in mediation and other forms of alternate dispute resolution.
- University of Alberta, LL.B. (with distinction), 2005
- University of Calgary, B.A. (Dean's List Standing), 2002
- Alberta, 2006
- English
- French
- Member, Canadian Association of Insolvency and Restructuring Practitioners (CAIRP)
- Executive Member, Canadian Bar Association
- Member, Canadian Bar Association (Insolvency Subsection)
- Chair, Canadian Bar Association (Junior Lawyers Section)
- Member, Turnaround Management Association
- Member, Golden Key Society, University of Alberta Division
- Former Member, Alberta Residential Tenancies Advisory Committee
- Member, Calgary Bar Association
- Member, Law Society of Alberta
- Presentation, Business Interruption Losses - No Harm No Foul, for the Canadian Risk Insurance Management Conference, September 2006
- Presentation, Handling Alcohol Related Issues and Other Anti-Social Behaviour at Canadian Universities, for the Canadian Conference on Student Judicial Affairs, November 2005
- Involvement in litigation regarding banks, other lenders and creditors in proceedings concerning the Companies' Creditors Arrangement Act, the Bankruptcy and Insolvency Act and receivership proceedings
- Involvement in litigation concerning rights, remedies and priorities under Oil and Gas Operating Agreements
- Involvement in litigation concerning liability of banking institutions and fraudulent transactions under the Bills of Exchange Act
- Acted for a major electrical distribution services provider in the defence of number of claims
- Acted for commercial establishments in respect of product liability claims and claims under the Sale of Goods Act
- Acted for extra provincial clients concerning the enforcement of foreign judgments in Alberta
- Acted for a major railway company in a contractual dispute for storage of freight charges
- Acted for a major corporation in an employment claim for the denial of long term and short term disability benefits of a senior employee
- Acted for a commercial establishment in regards to seizures of assets and claims concerning same
- Acted for a major oil and gas company regarding a contractual dispute with a consulting company
- Acted for various clients regarding contractual disputes in the construction industry and builders' liens respecting same
- Involvement in a major construction claim in the oil sands industry, regarding delay claims, business interruption losses, negligence and complex insurance claims concerning the denial of coverage and claims against a broker
- Involvement in the representation of a major shareholder in a dispute with a company that had misappropriated corporate assets and had diminished the value of the corporate shares
- Acted in a number of collection matters regarding fees owed to professional organizations for services rendered
- Acted in the defence of an architect and mechanical engineer in a professional malpractice claim
- Acted in the defence and prosecution of a number of property loss and product liability claims for a major building contractor
- Involvement in the drafting and preparation of Anton Piller Orders
- Involvement in the defence of a number of dental malpractice claims
- R. John Adams & Agnes Adams Prize in Oil and Gas Law, 2005
- First place in the William Morrow Essay Competition, 2006
- James Alexander Bryce (Sandy) Burgess Memorial Award, 2005
- Advocate in Western Canada Trial Moot 2005 and Coughlin Moot 2004
- Various Undergraduate and Faculty of Law Awards and merit based bursaries
- Supervising Lawyer, Pro Bono Students Canada
- Volunteer, Calgary Legal Guidance
- Volunteer, Calgary John Howard Society
- Former Board Member and Member of Management Committee, Student Legal Services of Edmonton
