Bryan C. Duguid QC, FCIArb

BRYAN C. DUGUID QC, FCIArb

Contact Information

  • Phone 403-571-0746
  • Cell 403-472-2525
  • Download vCard

Principal Practice Areas

  • Construction disputes
  • Regulatory and administrative (particularly electricity)
  • Arbitration
  • International disputes
  • Corporate disputes (shareholder, director, creditor and other)
  • Oil and gas disputes
  • Contractual disputes
  • Business tort claims

Bryan grew up in Regina, Saskatchewan and obtained his business degree from the University of Regina along with the University Prize for the highest average marks in the faculty. In 1992, he then obtained his law degree from Osgoode Hall Law School in Toronto. At that point, Bryan began his legal career by articling in Calgary with a major international law firm, Blake, Cassels & Graydon LLP. After 5½ years as an associate, he continued resolving disputes for a further 10 years as a Blakes partner. Bryan then joined the partnership of JSS Barristers as of January 1, 2009, and is now the Managing Partner of the firm.

In early 2014, Bryan was appointed as Queen's Counsel, a Fellow of the UK-based Chartered Institute of Arbitrators, and a Litigation Star by Benchmark which it describes as recognition that he is one of the pre-eminent litigation practitioners in the Province.

Bryan's practice focuses exclusively on advocacy and the resolution of corporate and commercial disputes. As lead or sole counsel, he has represented international and domestic corporations (commonly the largest and leading in their industries), but also privately-held start-ups and individuals.

Bryan has extensive experience as an advocate and advisor, including as a trial lawyer and appellate counsel on high stakes and high profile matters before all levels of the courts of Alberta, the Alberta Utilities Commission (AUC), arbitral tribunals, and applications for leave to the Supreme Court of Canada. Sample experience includes:

Construction Disputes

  • Lead counsel representing corporations such as Johns Manville, Husky Energy Inc., Gulf Chemicals & Metallurgical Corporation, EPCM firms and suppliers, in trial, appellate, and arbitral proceedings involving projects such as pipeline, oilsands and facility construction disputes over tens of millions of dollars of complex claims about delay, cost overruns, lost profits, project cancellation, liens and other issues.

Regulatory and Administrative Law Matters (Power Industry)

  • Lead counsel for the Independent Power Producers Society of Alberta (comprised of all major power generation companies in Alberta) on various matters including precedent-setting rule-objection hearings, with wide-spread industry ramifications, that were amongst the first major matters in front of the AUC after its creation as of January 1, 2008.
  • Represent and advise clients in the electricity industry in respect of investigations and other activities of the Alberta Market Surveillance Administrator (MSA), and whether such activities are within its statutory mandate and jurisdiction. Successfully advanced the first challenge/complaint over the conduct of the MSA, resulting in a decision by the chair of the (former) Alberta Energy and Utilities Board that the conduct of the MSA was "inappropriate" and a breach of its duty to act in a fair and responsible manner.
  • Consulted by a variety of clients to provide input and comment to the legislators on statutory and regulatory developments in the electricity industry, including consultations regarding the Electric Utilities Act Section 6 Committee to develop principles to better define "fair, efficient, and openly competitive", the draft Alberta Utilities Commission Act, and draft versions of the Market Surveillance Regulation proposed in 2006 and 2007, and advice to clients as the legislative framework evolved.

Arbitration

  • Full-ranging experience as counsel in arbitration proceedings and hearings (including Power Purchase Arrangement arbitrations in the Alberta electricity industry) generally involving amounts in dispute in the many tens of millions of dollars.
  • Advising on the drafting of arbitral and other dispute resolution provisions.
  • Admitted as a Fellow (FCIArb) of the worldwide London UK-based Chartered Institute of Arbitrators.
  • Appointed as sole arbitrator on a construction dispute.
  • Appointed to arbitral panel in construction dispute, involving claims totalling approximately $20 million in respect of a gas processing facility.
  • Appointed as sole arbitrator in franchise dispute.
  • Chair of Sub-Group of the Uniform Law Conference of Canada, Domestic Arbitration Legislation Group, engaged in preparing a new uniform Arbitration Act for all of the provinces and territories in Canada.
  • Founding Co-Editor of newsletter published by ADR Institute of Canada, Inc. (ADRIC) entitled ADR Perspectives.
  • Served as member of Board of Directors of ADR Institute of Alberta (ADRIA).
  • Obtained Certificate in Arbitration by ADRIA.
  • Appointed to the arbitrator rosters of institutions including ADRIC, ADRIA, and the American Dispute Resolution Center, Inc.

International Dispute Resolution

  • Lead counsel to Shell Canada Limited (Shell) in response to an application for the Alberta Court of Queen's Bench to authorize testimony to be obtained from a Shell representative. The letters rogatory application was brought in Calgary on behalf of plaintiffs in a multi-jurisdictional class action consisting of over 50 actions in the United States, consolidated before the Kansas Courts. Shell was not a party to the U.S. proceedings, which sought billions of dollars from a number of United States companies. The decision of the Chief Justice represented substantial success on behalf of Shell.
  • Represented an Indonesian body corporate in a USD $2 billion claim arising from the misappropriation of corporate opportunity in the nature of mining concessions in the Republic of Indonesia, involving issues of jurisdiction and proper forum, technical mining issues, complex comparative corporate law questions, and a variety of causes of action.
  • Represented a large Calgary-based multinational and certain of its affiliates in proceedings brought by an Ontario corporation seeking to have the Alberta Court recognize and enforce an international arbitral award against a Middle Eastern country in an amount exceeding $26 million. Various motions were successfully brought to resist the recognition and enforcement of the arbitral award and to set aside the ex parte Order allowing pre-judgment issuance of garnishee summons.
  • Lead counsel in cross-border litigation involving tens of millions of dollars arising from a claim that a long-term natural gas purchase and sale agreement had been frustrated or repudiated. Dispute fought on parallel tracks before the Courts of Alberta and Massachusetts, with simultaneous jurisdictional and forum challenges, involving a variety of questions of private international law, settled ultimately by the Alberta Court of Appeal.

Oil & Gas Disputes

  • Counsel on a range of disputes including long term natural gas agreements, technical issues regarding the transportation and blending of heavy oil, gas processing fees, operatorship issues and challenges, royalty agreements, the misuse of confidential information, CO & O and JV agreements, ROFRs, drainage disputes, joint interest billings, and seismic data.

Bryan publishes and presents frequently on international, power regulatory, arbitral, construction, and oil and gas topics, and he has often appeared in the media through comments on judicial decisions.

In addition to having served on the Board of ADRIA, Bryan was the Vice-Chair of the Advisory Board of The Children's Wish Foundation of Canada (Alberta and N.W.T Chapter), and a member of the Advisory Board of ThinkFirst Foundation of Canada (Calgary Chapter). In 2014, Bryan was recognized for 20 years of volunteer service with Calgary Legal Guidance, which provides legal assistance and information to disadvantaged persons who would not otherwise have access to such services.

In his earlier life, Bryan used his second degree black belt in Kempo karate to teach and train (and to put himself through law school by "bouncing" at Ye Olde Brunswick House in Toronto). Now, he enjoys skiing, hiking and running.

Bryan is also an avid cyclist. He is honoured to have been chosen as a National Rider for the Sears National Kids Cancer Ride which saw him cycling as part of a team from Vancouver to Halifax in twelve days in June 2009 to raise awareness and funds for kids cancer. Bryan continues to cycle in support of this cause. Since 2009, he has travelled more kilometres annually on his cycle than in his car.

Please contact Bryan C. Duguid QC, FCIArb at duguidb [at] jssbarristers [dot] ca if you are interested in receiving a copy of any of the following:
  • Co-author - "Respect for Arbitration: Do (and Should) Canadian Courts 'Stay' Out", Canadian Arbitration and Mediation Journal, Volume 23, Number 1, Spring/Summer 2014
  • Presenter (along with Gordon E. Kaiser, Frank R. Foran, Q.C., Philip C. Bruner and Matthew S. Kronby) - "New Developments in Energy Arbitration: An Essential Primer for In-House Counsel", Canadian Corporate Counsel Association National Conference, Calgary, Alberta, April 8, 2014
  • Presenter/Panel Member (along with Jim McCartney, Janine Watson, and Elaine Seifert, QC) - "Introduction to Arbitration", Legal Education Society of Alberta, October 22, 2013 - Edmonton, Alberta and October 23, 2013 - Calgary, Alberta
  • Panel Moderator - Market Surveillance Administrator Stakeholder Meeting - "Looking Back and Looking Forward", Calgary, Alberta, October 1, 2013
  • Co-author - "Revisiting Appeal Rights: An Argument in Favour of Respecting Party Autonomy", Canadian Arbitration and Mediation Journal, Volume 22, Number 1, Spring / Summer 2013
  • Moderator (for panel members Harry Chandler, Administrator, Market Surveillance Administrator; Carolyn Dahl Rees, Vice President, Regulatory and Compliance, TransAlta Corporation; and Miranda Keating Erickson, Director, Market Design, Alberta Electric System Operator) - "Agencies: What is Their Role in Preserving the Market?", Independent Power Producers Society of Alberta 19th Annual Conference, "Last Market Standing?", Banff, Alberta, March 12, 2013
  • Co-author - "Revisiting Appeal Rights: An Argument in Favour of Respecting Party Autonomy", Commercial Litigation and Arbitration Review, Volume 2, Number 1, February 2013
  • Presenter/Panel Member (along with the Honourable Associate Chief Justice John D. Rooke and David Tupper) - "Third Party Facilitated Dispute Resolution", University of Calgary Law School Dispute Resolution II course, Calgary, Alberta, January 3, 2013
  • Instructor - "Practice Management", Canadian Centre for Professional Legal Education (CPLED), Calgary, Alberta, November 22, 2012
  • Presenter - "Common Pitfalls to Avoid in Drafting Dispute Resolution Clauses", Calgary Bar Association - Corporate Counsel Section, Calgary, Alberta, May 23, 2012
  • Co-Presenter (along with Mary Comeau, Norton Rose Canada LLP) - "Arbitration and Dispute Resolution - Power Purchase Arrangements" Insight 9th Edition Energy Contracts, Calgary, Alberta, March 5, 2012
  • Presenter/Panel Member (along with the Honourable Associate Chief Justice John D. Rooke and David Tupper) - "Third Party Facilitated Dispute Resolution", University of Calgary Law School Dispute Resolution II course, Calgary, Alberta, January 3, 2012
  • Presenter - "Power Primer: An Overview of Alberta's Deregulated Wholesale Power Generation Industry and Market", Canadian Energy Law Foundation, Kananaskis Seminar in Energy Law Fundamentals, Delta Lodge, Kananaskis, October 20, 2011
  • Presenter - "ADR Agreements and Clauses for Business Results", Insight Negotiating and Drafting Major Business Agreements, Regina, Saskatchewan, June 6, 2011
  • Moderator - "Should We Lift the Price Cap and Drop the Price Floor?", Independent Power Producers Society of Alberta 17th Annual Conference, "The Great Debates", Banff, Alberta, March 15, 2011
  • Presenter/Panel Member (along with the Honourable Associate Chief Justice John D. Rooke and Zul Verjee) - "Third Party Facilitated Dispute Resolution", University of Calgary Law School Dispute Resolution II course, Calgary, Alberta, January 3, 2011
  • Presenter/Panel Member - "Getting the Right ADR Clauses into Your Business Agreements", ADR Institute of Canada, Inc. 2010 Conference: Resourceful ADR, Calgary, Alberta, September 23, 2010
  • Presenter - "Power Purchase Arrangements: Handling Issues Unique to PPA Disputes", Insight 8th Edition Energy Contracts, Calgary, Alberta, September 20, 2010
  • Author - "Foreign Judgments: Don't They Mean What They Say?", Commercial Litigation Review, Volume 8, Number 2, May 2010
  • Presenter - "International Enforceability of Judicial and Arbitral Decisions: Will Your International Agreement Be Worth the Paper It Is Written on?", Calgary Bar Association - International Business Section, Calgary, Alberta, February 2, 2010
  • Presenter - "Alternative Dispute Resolution in Major Business Agreements", Insight 2010 Negotiating and Drafting Major Business Agreements, Calgary, Alberta, January 27, 2010
  • Author - "Foreign Judgments: Don't They Mean What They Say?", Canadian International Lawyer, Vol. 8, No. 1, pp. 19-23, December 2009
  • Co-Presenter - "Dealing with Financially Weakened Business Partners and Insolvency Issues in the Current Economic Climate", Calgary Bar Association Civil Litigation Section, Calgary, Alberta, September 29, 2009
  • Co-Author - "Spoliation and Remedies for Evidence Lost or Destroyed: Conservative Canadian Approach", Blakes Bulletin on Litigation, November 2008
  • Co-Author - "Searching for Clarity: Alberta Court Rules that Key Right of First Refusal Provision in CAPL Procedure is Ambiguous", Oilweek, November 2008
  • Co-Author - "Key Right of First Refusal Provision 'Ambiguous': Case Sent Back for More Evidence", The Negotiator, pp. 2-4, October 2008
  • Author - "Seminal Decision on International Commercial Arbitral Awards: Limitation Period for Recognition and Enforcement", Commercial Litigation Review, Volume 6, Number 3, October 2008
  • Presenter - "Alternative Dispute Resolution in Energy Contracts", Insight 7th Annual Energy Contracts Conference, Calgary, Alberta, September 24, 2008
  • Quoted - "Court Ruling Creates Industry Uncertainty", Daily Oil Bulletin, September 19, 2008
  • Co-Author - "Key Right of First Refusal Provision 'Ambiguous': Case Sent Back for More Evidence", International Law Office, September 15, 2008
  • Author - "International Commercial Arbitral Awards: Limitation Period for Recognition and Enforcement", Canadian International Lawyer, Vol. 7, No. 3, pp. 147-149, September 2008
  • Quoted - "Limitation means foreign arbitration order denied: Effect will not just be in Alberta", The Lawyers Weekly, August 22, 2008
  • Author - "Multi-Tiered Dispute Resolution: Stepping Carefully", Blakes Bulletin on Litigation/Dispute Resolution, August 2008
  • Author - "Seminal Decision on International Commercial Arbitral Awards: Limitation Period for Recognition and Enforcement", Blakes Bulletin on Litigation/Dispute Resolution, August 2008
  • Co-Author - "Key Right of First Refusal Provision 'Ambiguous': Case Sent Back for More Evidence", Blakes Bulletin on Energy, Oil & Gas, Litigation, August 2008
  • Co-speaker - "Major Construction Projects: Views from a Solicitor and Barrister on Avoiding or Minimizing Disputes", Calgary Petroleum Club, Calgary, Alberta, February 27, 2008
  • Author - "Multi-Tiered Dispute Resolution: Stepping Carefully", Canadian Arbitration and Mediation Journal, Summer 2008, this article first appeared in the Summer 2008 Edition of Canadian Arbitration and Mediation Journal, published and reproduced with their kind permission, pp. 9-11, 2008
  • Presenter - "Alternative Dispute Resolution: Should it Be Stipulated and, if so, Which Form and How?", Insight Information Conference, 2008 Negotiating and Drafting Major Business Agreements, Calgary, Alberta, January 29, 2008
  • Co-Author - "Electricity Market Participants' Fears of Retroactively Altered Penalties Assuaged", Energy & Natural Resources newsletter, International Law Office, January 21, 2008
  • Co-Author - "Electricity Market Participants Not Unfairly Faced with Retroactively Altered Penalties", Blakes Bulletin on Energy - Regulatory, January 2008
  • Presenter - "Alternative Dispute Resolution in Energy Contracts", Insight 6th Annual Energy Contracts Conference, Calgary, Alberta, September 18, 2007
  • Author - "Market Surveillance Administrator Conduct Found Inappropriate", International Law Office, October 9, 2006
  • Author - "Publication by the MSA - "Inappropriate Conduct"", Blakes Bulletin on Energy - Regulatory, September 2006
  • Author - "The Revival of Forum Shopping for Limitations Deadlines", Case Comment on Castillo v. Castillo (2006) 6 Can. Int'l. Law. 196. Re-published with permission from Canadian International Lawyer : Revue du droit international
  • Presenter - "MSA: More Powers Regarding Power?", Blakes Client Seminar on MSA Investigations, Calgary Petroleum Club, June 20, 2006
  • Presenter - "Enforceability of Foreign Guarantees: Will Your Guarantee Be Worth the Paper it is Written On?", International energy Credit Association, Calgary, Alberta, May 23, 2006
  • Presenter - "What Makes Negligence 'Gross' and When is Misconduct 'Wilful'?", Blakes National Securities Group Videoconference, May 16, 2006
  • Presenter - "What Commercial Lawyers Need to Know About International Commercial Arbitration Clauses", Blakes National Videoconference, May 16, 2006
  • Author - "MSA - Powers Regarding Power", Blakes Bulletin on Energy - Regulatory, Special Alberta Electricity Issue, May 2006
  • Author - "The Revival of Forum Shopping for Limitations Deadlines", Blakes Bulletin on Litigation, May 2006
  • Co-Author - "Canada Chapter, The International Comparative Legal Guide to: International Arbitration 2006", this article first appeared in the 2006 edition of The International Comparative Legal Guide to: International Arbitration; published and reproduced with kind permission by Global Legal Group Ltd., London, pp. 79-85, 2006
  • Quoted - "Corporate Conduct Gets a Failing Grade", Canadian Lawyer, March 2006
  • Author - "What Makes Negligence 'Gross' and When is Misconduct 'Wilful'?", Blakes Bulletin on Energy - Oil & Gas, March 2006
  • Presenter - "Using Liability Clauses in Industry Agreements to Minimize Uncertainty and Disputes", Petroleum Joint Venture Association, Calgary Chamber of Commerce, Calgary, Alberta, November 24, 2005
  • Author - "Finding of Fiduciary Duty in Arm's Length Commercial Context is Unusual", The Lawyers Weekly, p. 14, October 14, 2005
  • Author - "Fiduciary Duties, Top to Bottom - The Xerex Decision", The Negotiator Magazine, November 2005
  • Author - "Fiduciary Duties - Top to Bottom", Blakes Bulletin on Energy - Oil & Gas, September 2005
  • Author - "Minimizing the Risk of Canadian Dispute Resolution", The Lawyers Weekly, December 3, 2004

For more than 20 years I have been focused on the resolution of business disputes. Beginning approximately 18 years ago, the arbitral proportion of my practice has increased progressively, such that it now comprises a high majority, involving complex matters typically with at least tens of millions of dollars at stake.

In 2005, I obtained a Certificate in Arbitration from the Alberta Arbitration and Mediation Society (now the ADR Institute of Alberta) (ADRIA), based on 11 different relevant courses including 62 hours in attendance and additional preparatory reading and other work.

In early 2014, I was admitted as a Fellow (FCIArb) of the worldwide London UK-based Chartered Institute of Arbitrators.

I have experience serving as an arbitrator including:

  • Appointed as sole arbitrator on a construction dispute.
  • Appointed to arbitral panel in construction dispute, involving claims totalling approximately $20 million in respect of a gas processing facility.
  • Appointed as sole arbitrator in franchise dispute.

In addition, I have the following related experience:

  • Presentations on arbitral issues to legal and industry audiences;
  • Advising on drafting arbitral clauses;
  • Publishing articles on key or emerging issues in arbitration;
  • Served as member of the Board of Directors of ADRIA;
  • Listed on a number of arbitrator rosters in Canada and one in the United States;
  • Chair of Sub-Group of the Uniform Law Conference of Canada, Domestic Arbitration Legislation Group, engaged in preparing a new uniform Arbitration Act for all of the provinces and territories in Canada; and
  • Founding Co-Editor of newsletter published by the ADR Institute of Canada, Inc. entitled ADR Perspectives.

Also, I have been counsel on a number of matters related to the jurisdiction of arbitral tribunals including:

  • Matters including contested applications as to the respective powers and jurisdiction of arbitral tribunals and Courts in the Province of Alberta, including a matter of significance to arbitral practice in this Province generally;
  • Contested applications to arbitral tribunals including the boundaries of its jurisdiction having regard to time limits in the applicable arbitral clause; and
  • A Court application related to the loss of jurisdiction of a sole arbitrator as a result of inordinate delay in issuing the arbitral award.

Recent examples of arbitral hearings in which I have been lead counsel (of a team of colleagues from my firm) include a one week hearing in October 2011 (involving approximately $50 million), a two week hearing in May 2012 (involving approximately $40 million), a one week hearing in September 2012 (involving approximately $45 million), and a two week hearing resolved on the eve of the hearing in February 2014 (involving approximately $45 million).

I am currently available for arbitral appointments as sole arbitrator, panel member, or as Chair.

  • Phone: 403-571-1520
  • Fax: 403-571-1528
  • inquiries [at] jssbarristers [dot] ca
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