Jeffrey Vallis, QC, FCIArb

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Borden Ladner Gervais LLP
• Representative Cases & Transactions
  Cases

  Representative Work: Recent arbitration work includes: Acting as counsel for two joint ventures engaged in disputes arising out of the design
  construction of a major ring road project in southern Alberta.
  Counsel for an international engineering firm defending a $125 million claim arising out of the design of a series of pumping stations on a large international oil pipeline. The arbitration was commenced as an ICC arbitration, but was converted to ad hoc rules by agreement between the parties.
  Counsel for an owner of a $1 billion sour gas processing plant in northern Canada claiming damages against two contractors
  a fabricator. This arbitration was commenced under UNCITRAL rules,
  is a multi-party proceeding.
  Counsel for a general contractor involved in disputes with the owner
  with a number of subcontractors arising out of the construction of an international airport in a major city in Canada.
  Counsel for a design build contractor, arising out of the design
  construction of a highway infrastructure project in southern Manitoba.
  Counsel for an EPC contractor involved in a dispute with the owner
  operator of a carbon capture facility.
  Sample of reported decisions: Whissell Contracting Ltd. v. Calgary (City) et al. (2017), ABQB 644
  successfully acted for a general contractor in resisting an application for summary judgment by a subcontractor.
  JTI v. Alberta (2016), ABCA 28 (Alta. CA)
  successfully set aside an adverse interpretation of the Tobacco Tax Act of Alberta.
  Tulsa Heaters Inc. v. Syncrude Canada Limited (2009), 86 CLR (3d) 245 (Alta. CA)
  upheld trial decision relating to changes in specifications.
  Tulsa Heaters Inc. v. Syncrude Canada Limited (2008), 2 Alta L.R. (5th) 296 (Alta. QB)
  successfully prosecuted claim arising out of changes to piping specifications in heavy oil upgrader project.
  Agrium Inc. v. Chubb Insurance Co. of Canada (2007), 5 WWR 530 (Alta. QB)
  successfully defended at trial a large claim against a fidelity bond.
  Graham Construction
  Engineering (1985) Ltd. v. LaCaille Developments Inc. (2006), 154 A.C.W.S. (3d) 1079 (Alta. QB)
  six-week trial dealing with delay claims, allegations of deficiencies,
  changes in scope of work.
  NAC Constructors Ltd. v. Alberta Capital Region Wastewater Commission (2005), 144 A.C.W.S. (3d) 469 (Alta. CA)
  upheld decision limiting effect of discretion clauses in tender documents.
  Westco Storage Ltd. v. BICC Canada Inc. (2005), 192 Man. R. (2d) 166 (CA)
  upheld summary dismissal of environmental claim based on Manitoba limitations legislation.
  Bell ExpressVu Limited Partnership v. Rex et al. (2002), 212 D.L.R. (4th) 1 (SCC)
  acted for intervenor in successfully challenging BCAA interpretation of Radio Communications Act.
  Canada Post v. Goodfellas Delivery Inc. (2002), 322 A.R. 13 (QB)
  application to strike portions of a defence.
  WIC Premium Television Ltd. v. General Instrument Corp. et al (2001), 2 WWR 431 (Alta. CA)
  leading decision on the jurisdiction of the Alberta courts.
  IMC Canada Ltd. v. Enron Canada Corp. (2001), 318 A.R. 62 (QB)
  application for interlocutory injunction.
  National Bank of Canada v. Merit Energy Ltd. (2001), 294 A.R. 36 (QB)
  determination of rights in a bankruptcy proceeding.