Dalton W. McGrath, Q.C., FCIArb.
Partner | Calgary
Calgary: 403-260-9654

Dalton has extensive experience and notable success in handling complex, high-profile corporate/commercial litigation and domestic/international arbitration, including contract, energy, oil and gas, environmental, directors and officers, class action defence and competition disputes. He successfully and routinely handles complex litigation and arbitrations for some of the world's largest companies. His reputation is that of a practical, highly skilled, innovative, strategic and result-driven lawyer whom is intensely focused on solving his client's most important problems. He also has extensive experience and success in all aspects of civil fraud cases and in internal investigations.

Dalton frequently appears as lead counsel in all levels of courts and has extensive domestic and international arbitration experience. He is a Queen's Counsel (Q.C.) and a Fellow of the Chartered Institute of Arbitrators (FCIArb). He also undertakes extensive pro bono work as described below.

SELECT EXPERIENCE

Representative cases include the following:

  • Advising Fortune 500 and other prominent companies on energy disputes, including the successful representation of major oil producers in disputes arising from their oil sands production and transportation operations including an approximate C$2.3 B recent settlement concerning a dispute under various bitumen and condensate agreements
  • Acting for energy companies in Power Purchase Arrangement disputes for over a decade (see for example ENMAX Energy Corporation v TransAlta Generation Partnership, 2015 ABQB 185) including matters relating to all aspects of PPAs
  • Summarily dismissing a C$30-million putative class action against ENMAX Energy Corporation including striking out one of the largest reported representative actions in Alberta for another client (see for example: Calgary Herald: Judge Dismisses $30 M Lawsuit Against ENMAX)
  • Acting for Encana in successfully defending a C$315-million land claim relating to the Jean Marie natural gas play in Northeast British Columbia
  • Representing, as lead counsel, ExxonMobil in successfully setting aside a trial decision finding liability under the Competition Act which included setting aside the highest damages at large and then highest punitive damage award in Canadian law including successfully defending a different multinational trading corporation in a section 45 Competition Act investigation (see for example: 321665 Alberta Ltd v Husky Oil Operations Ltd, 2013 ABCA 221 (CanLII), leave to SCC denied 2014 CanLII 1208 (SCC))
  • Litigating, arbitrating and advising the banking and oil and gas industries on physically and financially settled derivative swap transactions, including the successful collection of over C$1.3-billion claims
  • Successfully defending a major oil and gas company in dismissing a multitude of civil actions and a proposed class action involving Alberta's largest site contamination matter in Lynnview Ridge in Calgary
  • Representing domestic and international clients, such as Saudi Arabian Oil Company, in successfully prosecuting and defending intellectual property disputes (see for example: Phoenix Technology Services LP v Braisher, 2007 ABQB 261)
  • Litigating several high-profile injunction applications (see for example: Catalyst Canada Services LP v Catalyst Changers Inc, 2013 ABQB 73)
  • Acting as successful counsel in a number of precedent-setting arbitrations
AWARDS & RECOGNITION

Dalton is recognized in several rating agencies including:

  • Chambers Global: The World's Leading Lawyers for Business
  • The Best Lawyers in Canada

He was appointed Queen's Counsel in 2010 and was appointed a Fellow of the Chartered Institute of Arbitrators in 2013.

PUBLICATIONS
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Blakes Bulletin on Litigation and Dispute Resolution, June 9, 2017.
Blakes Bulletin on Litigation & Dispute Resolution, April 27, 2017.
Blakes Bulletin on Litigation & Dispute Resolution, March 28, 2017.
Blakes Bulletin on Litigation & Dispute Resolution, December 14, 2016.
Co-contributor: Chapter 8 - Accepting Instructions
Canadian Legal Practice - A Guide for the 21st Century, LexisNexis Canada Inc., Loose-Leaf Revision 46, 2016 (publication originally published in 2009).
Blakes Bulletin on Corporate & Commercial and Litigation & Dispute Resolution, August 9, 2016.
Blakes Bulletin on Litigation & Dispute Resolution and Oil & Gas, June 7, 2016.
Blakes Bulletin on Commercial Real Estate and Litigation & Dispute Resolution, May 12, 2016.
Blakes Bulletin on Corporate & Commercial, Energy, Environmental & Aboriginal, Oil & Gas, Power, Renewable Energy, April 21, 2016.
Blakes Bulletin on Litigation & Dispute Resolution, December 15, 2015.
Co-author: 10 Ways to Control Litigation Costs in Challenging Economic Times
International Arbitration Journal, October 19, 2015.
Blakes Bulletin on Litigation & Dispute Resolution, October 8, 2015.
Blakes Bulletin on Litigation & Dispute Resolution, July 2015.
Blakes Bulletin on Litigation & Dispute Resolution, May 2015.
Blakes Bulletin on Litigation & Dispute Resolution, April 2015
Blakes Bulletin on Litigation & Dispute Resolution, February 2015
Author: Justice Delayed Is Justice Denied
Edmonton Journal, December 30, 2014
Author: Justice Delayed Is Justice Denied
Calgary Herald, November 28, 2014
Blakes Bulletin on Litigation & Dispute Resolution, November 2014.
Co-author: Supreme Court of Canada Mandates Disclosure of Wiretap Evidence in Civil Proceedings
World Data Protection Report, Bloomberg BNA, November 2014
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PROFESSIONAL APPEARANCES
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Co-speaker: Recent Developments and Strategies for Arbitration
Calgary, Alberta, May 27, 2015
Co-speaker: Environmental Liability: Directors, Officers and Senior Management
Calgary, Alberta, March 23, 2015
Co-speaker: IP Strategies in the Oil and Gas Sector
Calgary Petroleum Club, November 28, 2014
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MEDIA APPEARANCES
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Quoted: U.S. Courts Affirm Narrow Privilege
(Lexpert (Online)) - Julius Melnitzer - October 13, 2016 - Dalton McGrath, Q.C. FCIArb quoted
Quoted: Lengthy court delays reach 'crisis' level, justices and lawyers open 2017 calendars
Article by Annalise Klingbeil, Calgary Herald, October 27, 2015.
Quoted: In Good Faith
Lexpert, May 2015.
Interviewed: Judge shortage causes delays
Interviewed by Bridget Brown, CTV Calgary , April 23, 2015
Speaker: Judge Shortage in Alberta at Crisis Point
CBC Radio Homestretch Interview, December 31, 2014
Author: Justice Delayed Is Justice Denied
Edmonton Journal, December 30, 2014
Author: Justice Delayed Is Justice Denied
Calgary Herald, November 28, 2014
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