 |
 |
 |
|
 |
|
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
REPRESENTATIVE WORK
PUBLICATIONS
NEWS & UPDATES
|
Defence Contract
Represented a defence contractor in a dispute with a subcontractor over the termination of a contract for the supply of military software, including disputed claims for ownership of the source code to the software. The matter was settled in the client's favour prior to commencement of the hearing.
Counsel: D. Lynne Watt
Profit Sharing Arrangement
We represented a chemical management services provider in a domestic dispute involving the interpretation and application of a complicated profit sharing agreement. The dispute was governed by the Arbitrations Act (Ontario). Central to the dispute was the applicability of the doctrine of good faith in the performance of contractual obligations.
Counsel: Scott Kugler
Pulp and Paper
Acted for a paper company in commercial arbitration involving the purchase and sale of a pulp and paper business. The case focused on the interpretation and application of generally accepted accounting principles.
Counsel: Shayne P. Strukoff
Joanne Kuroyama
Royalty Disputes
Gowlings represented a public entity in an arbitration involving the determination of a royalty in a dispute with a major oil producer.
Counsel: Jim Peacock
Represented a manufacturer of oilfield tools in a dispute with a major shareholder and royalty-holder. The issue under arbitration -- whether a royalty was payable on certain tools -- depended upon the interpretation of a commercial contract and the application of principles of patent law.
Counsel: Paul Edwards
Electrical Transmission and Delivery System
We represented a manufacturer of electrical transmission and delivery systems in a dispute with a construction contractor regarding performance and termination of contract issues. Interpretation of the commercial agreement, issues of repudiation and the consequences of termination were considered.
Counsel: Geoffrey D. Holub
Oil & Gas Pipeline
We acted on a $12 million oil and gas arbitration involving construction of a pipeline in northern Alberta. The matter involved both contractual interpretation and many issues related to the standard practices in the industry.
Counsel: Brian G. Kapusianyk
We represented the owner and operator of a pipeline in a dispute over the tariff payable by the shipper for its exclusive use of the pipeline. The issues included the assessment of expert witnesses on the operation of pipelines and on industry practice and usage, as well as the interpretation of the governing agreements.
Counsel: Paul Edwards
Oil & Gas Production
Gowlings represented a group of oil and gas producers in a dispute relating to the calculation of alleged unaccounted for gas production.
Counsel: Jim Peacock
Soil Contamination
Represented a landlord of commercial premises in a claim for damages for soil contamination resulting from lessee's use and occupation of the property. Involved expert evidence on soil contamination and on diminution in value of the property as a result of the presence of the contamination.
Counsel: D. Lynne Watt
Credit Card Rights
We acted for a licensee of exclusive credit card rights in an arbitration before a claims officer in a CCAA proceeding involving a major Canadian retailer. At issue were the termination rights of the retailer under various license agreements, and the quantification of the licensee's damages which were originally assessed in excess of $40 million.
Counsel: Debra Haak
Financial Services and Securities
We represented a financial services firm when one of its shareholders, officers and directors was expelled, thus engaging the arbitration provisions of the shareholders' agreement. At issue was the value of his shareholdings as well as claims akin to wrongful dismissal and the oppression remedy. The matter also included a motion to stay court proceedings on the basis that the arbitration provisions in the agreement ousted the jurisdiction of the court under the Arbitrations Act.
Counsel: Ross Earnshaw
Acted for Claimant in a commercial arbitration with respect to a securities matter. The case dealt with, among other things, duties owed by brokers with respect to stock purchases.
Counsel: Shayne P. Strukoff
Gowlings has successfully defended various financial institutions and advisors in the arbitration of disputes with clients under the Investment Dealers Association of Canada's enforcement process in a variety of securities and trading matters.
Counsel: Julie-Martine Loranger
Franchise Disputes
We represented a high-profile international franchisor in a domestic commercial arbitration against a former franchisee. The dispute arose immediately after the franchisor terminated the franchisee's franchise as the franchisee sought to keep its business alive. The arbitrator ultimately decided in favour of our client and held that the franchisee breached the franchise agreement to such an extent that the franchisor's termination was justified. The dispute was governed by the Arbitrations Act (Ontario).
Counsel: Scott Kugler
Human Resources
Gowlings acted in a royalty agreement dispute between a large multi-national company and former shareholders of one of its licensees. The jurisdiction of the arbitrator under the arbitration agreement was central to this case.
Counsel: Duncan Boswell
Lease Disputes
Gowlings represented a tenant against a landlord under a lease to determine the tenant's right to renew the lease and the provisions of such a renewal, before a sole arbitrator. This was a domestic arbitration conducted under the Arbitration Act , Alberta.
Counsel: Tony Jordan
Gowlings represented a tenant against a landlord in arbitration proceedings relating to the interpretation of an option to purchase clause. This matter was dealt with in an expeditious fashion before a single arbitrator appointed under the Ontario Arbitration Act.
Counsel: Todd J. Burke
Joshua Chambers
Steel Dispute
Gowlings has acted for a major steel distributor in a multi-jurisdiction arbitration. The dispute focused on trade practices in the steel industry.
Counsel: Terry McEwan
Julie-Martine Loranger
Shareholder Disputes
We represented a founding shareholder of a financial investment company in an ad hoc arbitration pursuant to a Unanimous Shareholders Agreement. The arbitration involved a wide range of issues including the fiduciary duties of officers and directors, the proper exercise of a shotgun clause, the investigation of numerous operational contracts entered into by the company and allegations of fraud.
Counsel: Ron Craigen
We represented a founding shareholder of a data processing company in an ad hoc arbitration against the other founding shareholders of the company pursuant to a Unanimous Shareholders Agreement. The arbitration was conducted as an ad hoc arbitration to which the Arbitration Act, Alberta, applied.
Counsel: Tony Jordan
We represented a shareholder of a company owning commercial real estate against another shareholder in an ad hoc arbitration before a sole arbitrator relating to the exercise of an option to acquire shares. This was an arbitration to which the Arbitration Act, Alberta, applied.
Counsel: Tony Jordan
We represented an Alberta corporation and its principal shareholder in a dispute under a Unanimous Shareholder's Agreement against a minority shareholder, before a sole arbitrator. This was a domestic arbitration under the Arbitration Act, Alberta.
Counsel: Tony Jordan
Software Dispute
Gowlings acted for a software provider in a contractual dispute between two large, sophisticated companies with respect to internet software programming solutions. The issues centered around the scope of work contracted and performed, and non-payment for same.
Counsel: Duncan Boswell
Aviation Services Dispute
Gowlings represented a provider of commercial aviation services in a dispute with a local airport authority regarding payment for equipment and services. This involved the interpretation of a commercial agreement and a dispute over the existence of a collateral contract.
Counsel: Todd J. Burke
Gordon Douglas
Highway Dispute
We represented a construction company in an arbitration relating to the construction of a section of highway. This arbitration involved issues surrounding the disclosure of material conditions during the tender process, the interpretation and application of contract specifications and standard highway construction practices.
Counsel: Kerry Powell
Geoffrey D. Holub
The content provided on this site is general information only. It is not intended as nor should it be regarded or relied upon as legal advice or opinion. We would be pleased to provide you with more information or specific advice of matters of interest to you at your request. You should not rely on, take any action or take or fail to take any action based solely upon information appearing in this publication.
Please note as well that the presentation of information on this site or your use or reliance upon such information does not establish a lawyer-client relationship between you and Gowlings or between you and any Gowlings professional.
 © 2010 Gowling Lafleur Henderson LLP. All rights reserved. |