Jeffrey E. Sharpe, K.C.

Experience

Jeff's focus is on:

Energy Litigation

• Active in a variety of oil and gas litigation matters, including actions concerning the duties of operators, accounting principles and gas purchase contract interpretation disputes

Construction Law

• Extensive experience in construction disputes, including delay, industrial design, tender, lien and engineering claims
• Advising and litigating insurance issues relating to construction matters, including liability, builder's risk, errors and omissions and professional liability coverage

Securities Litigation 

• Active in all areas of corporate and securities litigation including shareholder and oppression disputes, directors' and officers' liability claims, prospectus misrepresentations and public disclosure issues
• Experienced in defence of class action shareholders' claims, securities fraud and claims against investment dealers and related claims

Commercial Arbitration and Mediation

• Broad experience as counsel in commercial and construction arbitrations and mediations 

Court and Board Experience

• Lead counsel before all levels of courts in Alberta, the Federal Court of Canada (Trial Division), the Supreme Court of Canada and other tribunals including the Alberta Securities Commission and the Workers' Compensation Board

Recent cases

Lead counsel successfully representing Inter Pipeline Ltd. (IPL) in a precedent-setting case before the Alberta Securities Commission. The case addressed Brookfield Infrastructure Partners L.P.'s use of total return swaps in its takeover bid of IPL. The decision is the first time that a Canadian securities regulator has directly addressed the use of total return swaps within the context of takeover bids following the changes to the Canadian takeover bid regime in 2016. Re Bison Acquisition Corp., 2021 ABASC 100

Lead counsel in the successful defence to Wood Group's Supreme Court of Canada application for leave to appeal from the Court of Appeal judgment re: 2018 ABCA 305. Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.) (2019)

Lead counsel in connection with three successful appeals and one cross appeal before Court of Appeal. Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305

Lead counsel in the successful application to have a $96 million arbitration stayed. Canadian Natural Resources Limited v. Flatiron Constructors Canada Limited, 2018, ABQB 613

Lead counsel in the successful leave application to have the Court of Appeal reconsider its earlier decision in Bedard v Amin, 2010 ABCA 3. Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 122

Lead counsel in the successful defence of an application brought by a dissident shareholder seeking public interest orders under the Alberta Securities Act relating to proxy solicitation processes utilized in a hostile proxy contest. PointNorth Capital Inc., 2017 ABASC 121

Successful leave applications and appeal to Supreme Court of Canada concerning the proper interpretation of the right to payments arising under an Incentive Agreement registered by caveat on title to land for a designated heritage building and the proper statutory interpretation as to priority of interest governed by the Personal Property Security Act, R.S.A. 2000 c. P-7. Heritage Capital Corp. v. Equitable Trust Co., 2016 SCC 19

Lead counsel to Canadian Natural Resources Limited, the owner of a pipeline and related gathering and processing facilities in a $45M action against its engineering, procurement, and construction contractors relating to a 32 km hot emulsion fluid pipeline, which failed after being put into service. Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2017 ABQB 106

Lead counsel to Canadian Natural Resources Limited in a $65M action against CNRL's steel suppliers (including foreign steel suppliers) who procured and supplied defective steel piping for CNRL's utilities and offsite facilities. The action was settled prior to trial. Canadian Natural Resources v. ArcelorMittal Tubular Products Roman et al (2015)
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 (2015)

Counsel for a major oil sands producer against its EPCM contractor for the faulty design and construction of slab-on-grade foundations for waste water and water processing facilities, after it was discovered that the slabs were shifting (2015)