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David Tupper

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
  • Chambers Canada: Canada's Leading Lawyers for Business - 2016-2020 (Litigation: General Commercial – Alberta; Insurance: Dispute Resolution – Canada): “David Tupper maintains a strong position in the market and is regarded by clients as ‘a bet the company litigation lawyer that we would go to on very serious litigation matters.’ One interviewee added: ‘He is a litigator who knocks it out of the park.’"

  • Chambers Global: The World's Leading Lawyers for Business - 2009-2020 (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."

  • The Canadian Legal Lexpert Directory - 2014-2020 (Most Frequently Recommended: Litigation - Corporate Commercial); 2020 (Consistently Recommended: Litigation – Directors and Officers Liability); 2018-2020 (Repeatedly Recommended: Commercial Arbitration); 2016-2020 (Repeatedly Recommended: Litigation - Commercial Insurance); 2017-2020 (Repeatedly Recommended: Construction Law); 2018-2020 (Repeatedly Recommended: Litigation - Product Liability); 2020 (Repeatedly Recommended: Class Actions); 2020 (Repeatedly Recommended: Litigation – Securities)

  • The Legal 500 Canada - 2015-2020 (Listed in the elite "Leading Lawyers in Canada" list for Dispute Resolution and Insurance)

  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada - 2018-2020 (Corporate Commercial Litigation)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - 2013-2020 (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!"

  • Acritas Stars 2019, 2020: Independently Rated Lawyer (Nominated as a stand-out lawyer by senior in-house counsel)

  • Best Lawyers' 2020 Calgary Product Liability Law "Lawyer of the Year"

  • The Best Lawyers in Canada - 2011-2020 (Corporate and Commercial Litigation, Alternative Dispute Resolution, International Arbitration, Construction Law, Class Action Litigation, Insurance Law, Product Liability Law, Appellate Practice and Directors & Officers Liability)

  • Who's Who Legal: Arbitration - 2019

  • Who's Who Legal: Commercial Litigation - 2017-2019, “David stands out as an excellent trial lawyer.”

  • Who's Who Legal: Insurance & Reinsurance - 2015-2019 (Insurance & Reinsurance)

  • Best Lawyers’ 2019 Calgary Director and Officer Liability Practice “Lawyer of the Year”

  • Lexpert's Special Edition on Litigation: Canada's Leading Litigation Lawyers - 2013-2019 (Ranked Lawyer)

  • Benchmark Canada Awards - Alberta Litigator of the Year 2018

  • 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"

Professional Activities

David regularly speaks at conferences throughout Canada on topics that impact the areas of law in which he practices. He is also active in many volunteer organizations.

Publications
Professional Appearances
  • Panellist: Three Perspectives on Experts
    WCCAS 13th Annual Energy, Mining and Resources Arbitration Conference, Calgary, Alberta, May 7, 2019.
  • Speaker: From the Bench to Real Life - Gauging the Practical Impacts of Case Law on Construction Projects Across Canada
    Canadian Institute's 11th Annual Managing Risk in Construction Contracts & Projects, Edmonton, Alberta, January 29, 2019.
  • Co-speaker: The Art of Arbitration: Role of In-House Counsel
    In-House Counsel Network Luncheon Seminar, Calgary, Alberta, May 17, 2018.
  • Instructor: Civil Trial Advocacy
    The Advocates’ Society Civil Trial Advocacy College, Calgary, Alberta, May 15-16, 2018.
  • Moderator: Third Party Litigation Funding
    12th Annual WCCAS Energy, Mining and Resources Arbitration, Calgary, Alberta, May 8, 2018.
  • Panel Speaker: Cross Country Check Up, and Beyond
    Ontario Bar Association 9th Annual Class Action Colloquium, Toronto, Ontario, December 4, 2017.
  • Speaker: Case Law Update: Important Takeaways for Every Infrastructure Professional
    Legal Issues in Project Management and Infrastructure Development conference, Canadian Institute, Calgary, September 26-27, 2017.
  • Co-speaker: Arrangements under the Business Corporations Act
    Seventh Annual Securities Symposium, The Advocates' Society, Toronto, Ontario, September 11, 2017.
Media Activities
  • Quoted: Director of dissolved company found liable for outstanding debts
    Interviewed by Megan Gillmore, The Lawyer's Daily, April 29, 2020.
  • Quoted: Insurance Law Legal Report: The rise of climate change risk
    Interviewed by Aidan Macnab, Canadian Lawyer, April 14, 2020.
Education
Admitted to the Alberta Bar - 1996
LL.B., University of Toronto - 1995
B.A., University of Alberta - 1991
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