Brendan MacArthur-Stevens

Recent matters in which Brendan has been involved include:

• Successfully representing the applicant in a judicial review application to quash a decision of the Minister of Energy and obtain related declarations (decision reported at Shell Canada Limited v. Alberta (Energy), 2022 ABQB 4)

• Successfully representing a Canadian municipality in a four-week C$125-million private commercial arbitration regarding allegations of unlawful contract termination, delay, disruption and bad faith in the context of a significant public transportation project

• Representing the respondent, ATB Financial, in a case known as Redwater before the Supreme Court of Canada involving the constitutional doctrine of federal paramountcy and insolvency law (decision reported at Orphan Wells Association v. Grant Thornton Ltd., 2019 SCC 5)

• Successfully representing an energy company in a C$65-million expedited private arbitration that progressed from notice of arbitration to final award within 2.5 months

• Successfully representing a public-interest organization to obtain intervenor status in the Alberta Court of Queen's Bench and the Court of Appeal of Alberta to make submissions regarding the constitutionality of an Alberta law that facilitates Gay-Straight Alliances and protects the privacy of LGBTQ+ youth (injunction decision reported at P.T. v. Alberta, 2018 ABQB 496, Court of Appeal decision reported at P.T. v. Alberta, 2019 ABCA 158)

• Successfully representing Encana Corporation in an appeal to the Court of Appeal of Alberta involving breach of confidence, copyright infringement, and limitations periods (decision reported at Geophysical Service Incorporated v. Encana Corporation, 2018 ABCA 384)

• Successfully representing Suncor Energy Inc. in a judicial review application in the Court of Queen's Bench of Alberta involving the calculation of oil sands royalties

• Successfully representing an insured to obtain a C$362-million award in a five-week private arbitration against its insurer pursuant to a political risk insurance policy

• Successfully representing WestJet Airlines Ltd. in the context of multiple complex plan of arrangement proceedings before the Alberta Court of Queen's Bench, including its C$5-billion sale to Onex Corporation

• Representing a First Nation in a four-week trial in the Alberta Court of Queen’s Bench involving allegations of unjust enrichment and breach of duties by the Federal Crown

• Successfully representing the National Hockey League in the Alberta Court of Queen's Bench to obtain a stay in favour of arbitration of a claim involving an on-ice incident between a referee and a player

• Successfully representing a large energy services company in a five-week intellectual property trial in the Federal Court of Canada, involving both patent infringement and patent validity issues (reported at Packers Plus Energy Services Inc. v. Essential Energy Services Ltd., 2017 FC 1111)

Brendan is recognized as a leading lawyer in the following publication:

• The Best Lawyers in Canada 2022 – Ones to Watch (Corporate and Commercial Litigation)

Brendan teaches Administrative Law at the University of Calgary Faculty of Law. Brendan also volunteers with the Civil Claims Duty Counsel Program and the Queen's Bench Amicus Program, where he provides pro bono legal advice to unrepresented litigants.

Brendan is on the Executive Committee of the Canadian Bar Association's Sexual Orientation and Gender Identity Community Forum (SOGIC) and a member of the Young Advocates Standing Committee of the Advocates' Society.

Brendan helped found the first Trans ID Clinic in Alberta, which provides pro bono legal services to assist trans individuals in updating their name and gender markers on government-issued identification. The Clinic has now expanded to include substantive legal advice in various areas. Brendan also does extensive pro bono work for various LGBTQ2S+ organizations in Alberta.

• Co-author: A Eulogy for Arbitral Deference? The Standard of Review for Private Arbitrations Post-Vavilov
  Canadian Journal of Administrative Law and Practice, Thomson Reuters Canada Limited, June 2022.
• Co-author: In Split Decision, Supreme Court of Canada Upholds Federal Greenhouse Gas Pollution Pricing Act
  Blakes Bulletin on Litigation & Dispute Resolution/Environmental, March 29, 2021.
• Co-author: Court of Appeal of Alberta Declares Federal Greenhouse Gas Pollution Pricing Act Unconstitutional
  Blakes Bulletin on Litigation & Dispute Resolution, February 25, 2020.
• Author: The Legal Battle Over Gay-Straight Alliances in Alberta
  LGBTQ2+ Law: Practice Issues and Analysis, Emond Publishing, November 2019.

• Speaker: Contractual Good Faith and Arbitration Appeals
  Canadian Bar Association, Civil Litigation North Alberta Section, Webcast, June 14, 2022.
• Speaker: Delay and Damages in Construction Litigation
  Blakes Business Class Seminar, National Webcast, December 1, 2021.
• Speaker: The Art and Science of Settling Litigation and Arbitration
  Blakes Presentation to In-House Counsel, National Webcast, November 5, 2021.
• Speaker: Retention After the Recruit: Equity, Diversity, and Inclusion
  University of Calgary Faculty of Law, National Webcast, May 26, 2021.
• Speaker: Important Updates About Good Faith In Commercial Dealings
  Blakes Presentation to In-House Counsel, National Webcast, January 25, 2021.
• Speaker: Empowering LGBTQ+ Students and Employees
  Richard Ivey School of Business, National Webcast, October 7, 2020.
• Speaker: Law of Privilege Update: Important Developments for All In-House Counsel
  Blakes Business Class, National Webcast, September 17, 2020.
• Moderator: Allyship in Advocacy: How to be an Effective Ally
  The Advocates' Society, National Webcast, September 17, 2020.
• Speaker: Document Management in Disputes: Strategies for In-House Counsel
  Blakes Business Class Seminar, Calgary, Alberta, June 10, 2020.
• Speaker: GHG Targets Disclosure Considerations, Director Duties, and Overview of Climate Change Litigation
  Blakes Business Class Seminar for the Association of Corporate Counsel, Calgary, Alberta, February 25, 2020.
• Speaker: Navigating Climate-Change-Related Disclosure: From FLI and Board Duties to Litigation Considerations
  Blakes Business Class Seminar, Calgary, Alberta, January 15, 2020.
• Speaker: Effective Appellate Advocacy
  Blakes Business Class Seminar, Calgary, Alberta, December 12, 2019.

Admitted to the Alberta Bar - 2017
Admitted to the Ontario Bar - 2015
J.D. (With Distinction), University of Toronto - 2014
B.A. (Hon.), University of Western Ontario (Richard Ivey School of Business, Valedictorian) - 2011