Bryan grew up in Regina, Saskatchewan and obtained his business degree from the U of R 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 5 ½ 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.
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
- 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.
- Regularly 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 has evolved.
Arbitration
- Broad-based experience as counsel in arbitration proceedings and hearings (including Power Purchase Arrangement arbitrations in the Alberta electricity industry), and in drafting arbitral and other dispute resolution provisions.
- Appointed to the arbitrator rosters of institutions including ADR Institute of Canada, Inc., ADR Institute of Alberta (ADRIA), the panel of experts (Domestic-Canada Panel of Arbitrators) of the British Columbia International Commercial Arbitration Centre, and the American Dispute Resolution Center, Inc.
- 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.
- Served as member of Board of Directors of ADRIA.
- Obtained Certificate in Arbitration by ADRIA.
- Granted full Member status (MCIArb) with the worldwide London U.K.-based Chartered Institute of Arbitrators.
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 developments.
In addition to having served on the Board of ADRIA, Bryan is 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 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 on a team from Vancouver to Halifax in twelve days in June 2009 to raise awareness and funds for kids cancer (www.searsnationalkidscancerride.com).
My 20 years of experience as a lawyer have been focused on the resolution of business disputes. Beginning approximately 17 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.
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; and
- Granted full Member status (MCIArb) with the worldwide London U.K.- based Chartered Institute of Arbitrators.
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), and a one week hearing in September 2012 (involving approximately $45 million).
I am currently available for arbitral appointments as sole arbitrator, panel member, or as Chair.
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