Some Significant Decisions We've Been Involved In

General Practice

Fraudulent Preferences/Collection 

Fraudulent Preferences/Collection:

Shengli Oilfield Freet Petroleum Equipment Co. v. Ascension Virtual Group Ltd. (2010) ABQB 597 (CanLII), 2010 ABQB 597 (Alta. Q.B. Master). Shaun obtained an Order requiring nearly $700,000 to be repaid for distribution between legitimate creditors; the most major being his client. In one of the first appeals under the new Alberta Rules of Court, the decision of the Master was upheld by a Judge of the Court of Queen’s Bench. 

 


General Practice

Injunctions

Injunctions:

Capitanescu et al. v. Universal Weld Overlays Inc. et al., (1996), 141 D.L.R. (4th) 751, 71 C.P.R. (3d) 37 (Alta. Q.B.). Very early in his legal career, Shaun argued what has become one of Alberta's leading cases on Anton Piller injunctions.

 


General Practice

Limitation issues

Limitation issues:

Rosenich v. Welke, 2003 ABQB 876 (CanLII) (Alta. Q.B.) Shaun successfully opposed attempts to add further defendants years after environmental contamination was first discovered.

 


General Practice

Appellate Advocacy

Appellate Advocacy:

Tervita Corporation v. Concreate USL (GP) Inc.,(2015) ABCA 80. The Court of Appeal, for reasons Shaun argued in the Court of Queen’s Bench, found a competing lien claim invalid.

Palechuk v. Fahrlander,(2006), [2007] 397 A.R. 151, (2006), 273 D.L.R. (4th) 332 (Alta. C.A.)The transfer of farm property to by father to sons (Shaun’s client) was confirmed on appeal and the plaintiff's allegations of civil conspiracy were likewise dismissed. The Plaintiff's application for leave to appeal to the Supreme Court of Canada was dismissed.

 


General Practice

Defamation/Passing Off

Defamation/Passing Off:

Inform Cycle Ltd. v. Draper,(2008), 67 C.P.R. (4th) 151, 438 A.R. 80 (Alta. Q.B.). Shaun obtained damages for defamation and passing off in respect of a domain name confusingly similar to his client's website.

Universal Weld Overlays Inc. v. Shaben, 2001 ABQB 1009. Shaun obtained what was then one of the largest defamation awards in Alberta for false allegations of patent infringement repeated by the Defendants. Aggravated damages were also received for the multiple instances of defamation, which the court found were motivated by malice against a business competitor.

 


General Practice

Patent Infringement

Patent Infringement:

Capitanescu et al. v. Universal Weld Overlays Inc. et al. [1997] A.J. No. 740 75 C.P.R. (3d) 145 (Alta. Q.B.). Shaun successfully defended his clients against allegations of patent infringement in respect of welding technology.

Excalibre Oil Tools Ltd v. Advantage Products Inc., 2016 FC 1279 (CanLII)Shaun, along with co-counsel, successfully defended his clients from allegations of patent infringement in relation to three separate patents for downhole oil tools.  Shaun was also successful in obtaining a declaration that one of the patents was invalid, the independent claim of another was invalid, and that allegations of infringement made to third parties were false and misleading.

 


General Practice

Trade-Mark Infringement

Trade-Mark Infringement:

Source Media Group v. Black Press Group Ltd. and Lisa Furquharson (2014) FC 1014Shaun represented an Albertan Company whose trade-mark was infringed by a large media organization in British Columbia. The Federal Court found that the trade-mark was infringed, that the defendants passed off their confusingly similar marks, both in print and online, as being associated with or connected to the plaintiff’s trade-mark. Damages and costs were awarded to Shaun’s clients.

 


General Practice

Inventorship Disputes

Inventorship Disputes:

ARAM Systems Ltd. v. NovAtel Inc. (2008), ABQB 441; (2009) ABCA 262; leave to appeal to the Supreme Court of Canada dismissed January 28, 2010) was groundbreaking in that it marked the first time a Canadian Court decided the issue of inventorship of a US patent and other pending patent applications, including a Canadian patent application utilizing American law of derivation. Shaun was involved in all levels of the case, from trial to the Supreme Court of Canada written submissions. More recently, Shaun has been involved disputes over ownership of the subject matter of patent applications and academic works.

 

 

Civil Procedure:

Janus Capital et. al. v. Petro Motion et al. (2015) [unreported]  Shaun successfully applied for a security for costs order in a matter involving disputes as to ownership of an invention for which patent protection was sought. QB Proceedings-CVQ15JANUS1.

 

Federal Court Practise:

Reese v. Investissements Nolinor Inc., 2016 FC 1405 (CanLII) A claim brought by a corporation that had ceased to exist was struck with costs to Shaun's client. Other information sought was provided by the Plaintiff by the time the motion was heard, and was the subject of comment by the Court

 

Builder's Liens:

Encore Electric Inc. v Haves Holdings, 2017 ABQB 803 (CanLII) Shaun successfully had builder's liens struck and a certificate of lis pendens discharged from the landlord's title. The liens were found to have been wrongly filed against the wrong title.