David V. Tupper
Partner | Calgary
Calgary: 403-260-9722

Detailed Profile

David's litigation practice involves all aspects of corporate/commercial litigation with an emphasis on construction law, securities law, insurance law, environmental law, and oil and gas law. He regularly appears before all levels of courts in Alberta as well as in the Federal Court and the Federal Court of Appeal. In securities matters, he frequently appears before the Securities Commission of Alberta.

David also maintains a considerable advisory practice in connection with environmental issues, property and liability policies, and reinsurance losses.

SELECT EXPERIENCE

  • Acted as litigation counsel to Suncor in its hostile take-over of Canadian Oil Sands
  • Acted in a number of arbitrations related to claims of cost overruns and delays in construction of a large oil sands facility
  • Acted in an arbitration with respect to pipeline cost-of-service arrangements
  • Represented AMEC Foster Wheeler in a long litigation involving construction of a magnesium oxide plant in Jordan
  • Represented EPCOR Utilities Inc. and Capital Power Corporation in defence of an action to enjoin a C$3-billion transaction on the basis of deficient approval by the shareholder and the City of Edmonton
  • Acted in an international commercial arbitration (valued at over C$800-million) involving construction and insurance issues in the oil sands
  • Acted for a multinational construction company in defence of allegations of negligent design and gross negligence in project management relating to an international construction project
  • Led defence of Agrium in an action involving, among other things, allegations that Agrium breached a change of control agreement relating to the grant and valuation of options
  • Appeared before the Alberta Energy Regulator in a significant dispute over enhanced recovery in an oil pool
  • Acted for Dominion Exploration Canada Ltd. in a dispute over gas well ownership
  • Represented a large multinational energy company in a dispute over contamination arising from refinery lands
  • Acted as an umpire pursuant to the Insurance Act in valuation disputes
  • Regularly provides advice about insurance coverage issues and acts in related litigation
  • Defended a number of class actions involving banking issues, consumer credit and competition issues
AWARDS & RECOGNITION

David is recognized for his expertise in litigation in the following awards and publications:

  • The Best Lawyers in Canada - 2011-2018 (Corporate and Commercial Litigation, Alternative Dispute Resolution, Class Action Litigation, Insurance Law, Product Liability Law, Appellate Practice and Directors & Officers Liability)
  • Benchmark Canada Awards Alberta Litigator of the Year 2017
  • Best Lawyers' 2018 Calgary Product Liability Law "Lawyer of the Year"
  • Best Lawyers' 2017 Calgary Class Action Litigation "Lawyer of the Year"
  • Chambers Global: The World's Leading Lawyers for Business - 2009-2017 (Alberta - Dispute Resolution): "David Tupper 'is a prominent name' in litigation in Alberta and is praised by clients for his wide-ranging skill set...." Other comments include: "very well-reasoned, very persuasive, and a very calm court presence," "has a tremendous ability to listen to clients, understand the issues and convert that to a successful strategy" and "smart, effective, no nonsense and moves very quickly."
  • Chambers Canada: Canada's Leading Lawyers for Business 2017 (Alberta - Dispute Resolution; Canada - Insurance: Dispute Resolution)
  • Who's Who Legal: Insurance & Reinsurance - 2015, 2017 (Insurance & Reinsurance)
  • Who's Who Legal: Commercial Litigation 2017
  • Who's Who Legal: Construction 2017

  • The Canadian Legal Lexpert Directory - 2014-2017 (Repeatedly Recommended: Litigation - Corporate Commercial); 2016-2017 (Repeatedly Recommended: Litigation - Commercial Insurance); 2017 (Repeated Recommended: Construction Law and Class Actions)
  • The Legal 500 Canada - 2015-2017 (Listed in the elite "Leading Lawyers in Canada" list for Dispute Resolution)
  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - 2013-2016 (Litigation Star - Construction; Energy and Natural Resources; Insurance; General Commercial). "David has an ability to anticipate and in certain instances defuse situations before they become major issues. With that said, I did get the opportunity to see him in the court room and I was very glad he was on my side!"
  • Lexpert's Special Edition on Litigation: Canada's Leading Litigation Lawyers - 2013-2016 (Ranked Lawyer)
  • The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada - 2013-2016 (Ranked as a Litigation Lawyer to Watch)
PUBLICATIONS
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Blakes Bulletin on Litigation & Dispute Resolution, November 30, 2016
Blakes Bulletin on Litigation & Dispute Resolution, August 8, 2016.
Blakes Bulletin on Litigation & Dispute Resolution and Tax, June 8, 2016.
Blakes Bulletin on Litigation & Dispute Resolution and Securities Litigation , May 5, 2016.
Blakes Bulletin on Litigation & Dispute Resolution, November 2, 2015.
Blakes Bulletin on Litigation & Dispute Resolution, July 2015.
Co-author: Rethinking Limits
Canadian Underwriter Magazine, January 2015.
Blakes Bulletin on Litigation & Dispute Resolution, December 2014.
Blakes Bulletin on Litigation & Dispute Resolution, November 2014.
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PROFESSIONAL APPEARANCES
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Co-speaker: How to Beef Up Remedy Provisions in this Economy
Advanced Contract Negotiations - Part II, Association of Corporate Counsel, Alberta Chapter, Calgary, Alberta, June 1, 2017.
Speaker: To Arbitrate or Litigate
Panel Discussion, 16th Annual Spring Symposium: The Advocate Matters, The Advocates' Society, Toronto, Ontario, April 27, 2017.
Co-chair: A Special Litigation Presentation: Arbitration Advocacy
The Advocates' Society, Calgary, Alberta, November 3, 2016.
Co-speaker: Evidence in Construction Arbitration/Delay Claims
CBA Construction and Infrastructure Law Conference: Building Canada In Today's Economy, Banff, Alberta, April 1-2, 2016.
Co-chair: Examining and Cross-examining Experts: Winning Strategies, Trends and Solutions
The Advocate's Society Teaching Seminar, Calgary, November 3, 2015.
Co-speaker: Legal Panel
Calgary Risk and Insurance Education Forum, Blakes and Charles Taylor Adjusting, Calgary, Alberta, October 26, 2015.
Panel Speaker: Dispute Resolution in Energy Mega-Projects
9th Annual Western Canada Commercial Arbitration Society Energy, Mining and Resources Arbitration Conference, The Ranchmen's Club, Calgary, Alberta, May 12, 2015.
Speaker: Negotiated RFPs - Risks and Rewards of Taking Flexible Tendering Formats
Mastering RFPs for a Winning Supply Chain, Canadian Institute, Calgary, March 10, 2015.
Co-speaker: Legal Panel
Calgary Risk and Insurance Education Forum: Business Interruption, Blakes and Charles Taylor Adjusting, Calgary, Alberta, February 2, 2015.
Co-speaker: Issues and Strategies in Dealing with Project Termination or Suspension
Construction Dispute Resolution Seminar, Calgary, Alberta, February 5, 2015.
Blakes Seminar for Association of Corporate Counsel, Alberta Chapter, Calgary February 25, 2015.
Co-speaker: Oil by Rail: Strategies to Successfully Navigate the Legal, Risk and Insurance Challenges
Southern Alberta Risk and Insurance Management Society seminar, Calgary, January 8, 2015.
Speaker and Course Leader: Compliant Remediation and Reclamation of Contaminated Sites
Environmental Law and Regulation for Oil & Gas, Federated Press, Calgary, November 18-19, 2014.
Speaker: Update on Key Cases in Securities Litigation
10th Edition Western Canadian Securities Forum, Insight Information, Calgary, October 29-30, 2014.
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MEDIA APPEARANCES
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Quoted: Alberta court clarifies gross negliegence standard for oil and gas operators
Quoted in the Financial Post, November 21, 2014.
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