Susan Fader
Partner
Experience
Susan's focus is on:
Energy litigation
- Experienced in litigating contractual, royalty, operator and other energy-related disputes
Construction litigation
- Experienced in industrial, oil and gas, commercial and institutional construction disputes including representation of owners, contractors and subcontractors in claims arising during construction as well as those involving product liability, delay, cost overruns, faulty workmanship and builders liens
Commercial and general litigation
- Experienced in contract and tort-based disputes including representation of clients in oppression actions, partnership and shareholder disputes and matters involving business valuations
Labour law
- Representation of clients in the construction, retail, aviation and security sectors, including in unfair labour practice complaints, successor and common employer applications, grievance arbitrations and duty of fair representation complaints
Commercial arbitration
- Experienced in acting for clients in both the domestic and international arbitration context involving various commercial issues
Professional involvement
Susan is a co-leader of BD&P's litigation group and a member of the firm's Library and Research Committee.
Professional associations
- Member, Law Society of Alberta
- Member, Canadian Bar Association
- Member, Calgary Bar Association
- Executive Member, CBA Alberta South Construction Subsection
- Fellow, Litigation Counsel of America
Representative work
$215 million UNCITRAL arbitration
Lead counsel to an Alberta fabrication company in a $215M UNCITRAL Arbitration involving the construction of a gas processing plant. The matters in dispute included allegations of gross negligence, allegations of improper fabrication according to regulatory standards, and delay claims of approximately $200M.
Securing a Restricted Court Access Order
Counsel to an individual client who successfully obtained a Restricted Court Access Order, an Anton Piller Order, a Contempt Order, and a Vexatious Litigant Order against a Plaintiff. (R.O. v. D.F., 2016 ABCA 170)
Dispute over a pipeline failure
Counsel to upstream producer regarding claims of approximately $450 million arising from the failure of buried, high temperature pipe-in-pipe pipelines.
Gas transmission agreement dispute
Counsel to a corporation involved in a dispute about termination of a raw gas transmission agreement.
Successfully secured a stay of arbitration
Counsel to upstream producer that successfully obtained a stay of an arbitration for long delay.
Dispute over construction project delay
Counsel to a multinational company in a dispute concerning construction of a pipeline, including with respect to unpaid change requests and delays.
Advice to a producer on a contract dispute
Counsel to upstream producer relating to pricing of heavy crude in purchase and sale contracts.
$100 million arbitration dispute
Counsel to energy company in litigation regarding claims of approximately $100 million arising from the failure mechanically stabilized earth walls holding thickener tanks. Involved successful application to have a concurrent arbitration stayed.
Dispute regarding claims of unpaid work
Counsel to electrical and instrumentation contractor relating to productivity and unpaid work claims.
Arbitration advice to a construction company
Counsel to a multinational construction company in an arbitration concerning the proper design of and construction of two electrical transmission stations.
Awards
Recent honours and recognition
Recognized by Chambers Canada as a leading lawyer in Litigation: General Commercial (Up & Coming) (2024)
Recognized by Best Lawyers in Canada in Corporate and Commercial Litigation (2023, 2024, 2025)
BD&P Employment & Labour Group named 2023 Reader's Choice in the Employment & Labour Law – Full Service Firm category by Canadian HR Reporter
Recognized by Benchmark Litigation in their Canadian 40 and Under List (2022 & 2023)
Named in the Legal 500 Canada as a Leading Individuals in Dispute Resolution: Alberta (2022-2023)
Named in the Legal 500 Canada as a Next Generation Partner in Dispute Resolution: Alberta (2022-2023)
Recognized as a Future Star by Benchmark Litigation Canada (2021-2024)
News
November 20, 2024
Susan Fader named a Rising Star by Lexpert
September 26, 2024
BD&P Team Recognized in the Chambers Canada 2025 Guide
August 29, 2024
52 BD&P lawyers recognized in the 2025 edition of Best Lawyers Canada
August 7, 2024
Benchmark Litigation Unveils 2024 40 & Under List: BD&P Partners Recognized
May 1, 2024
BD&P Lawyers Ranked as Future and Litigation Stars
November 30, 2023
BD&P Rising Stars acknowledged in The Legal 500 2024 Rankings
September 28, 2023
Chambers Canada 2024 recognizes BD&P team as Top Legal Talent
August 24, 2023
Forty-one BD&P lawyers recognized in the 2024 edition of Best Lawyers Canada
August 1, 2023
BD&P litigators named in Benchmark Litigation's 40 & Under List
June 16, 2023
BD&P Recognized as a Reader's Choice Award Winner for Employment & Labour Law
April 26, 2023
BD&P ranked highly by 2023 Benchmark Litigation Canada
November 15, 2022
The Legal 500 2023 Rankings recognize cutting edge counsel
July 28, 2022
BD&P Litigation lawyers ranked in Benchmark Canada 2022
April 28, 2021