Matthew Kuhl

Experience

Matthew's focus is on:

• Commercial and general litigation
• Construction litigation
• Energy litigation
• Securities litigation
• Commercial arbitration
• Class action

Professional history

Matthew has several years of experience providing legal advice on an array of commercial and general litigation matters, with a focus on the construction and energy sectors. His experience also extends to commercial arbitration, mediation, and pre-litigation strategic advice in a wide variety of legal and factual contexts, including corporate disputes, contractual interpretation in the construction and energy industries, commercial real estate and leasing, and agricultural litigation.

Matthew has appeared before the Provincial Court of Alberta, the Alberta Court of Queen's Bench, the Alberta Court of Appeal and has prepared submissions in leave applications to the Supreme Court of Canada. Matthew’s strengths lie in charting case strategy, conducting work with witnesses, and representing clients’ interests before all levels of court and before private arbitrators and mediators.

A select review of Matthew’s experience includes:

• Commercial Arbitration (confidential): Acting as co-counsel for remote fiber optic telecommunications network provider in contractual dispute concerning assignment provisions within head agreement.
• 3105682 Nova Scotia ULC v. Molopo Energy Canada Ltd. et al.: Acted as co-counsel to the Plaintiff in $60 million claim concerning misappropriation of oil and gas lease interests. Settlement reached in October 2024.
• Maxine Larsen et al. v. Allam Farms Partnership et al.: Acted as lead counsel in 17 day trial in Edmonton in November and December 2023 on behalf of Maxine Larsen, Paul Larsen, and Gateway Farms Ltd. in multi-million litigation concerning alleged negligent farming practices and flooding damages.
• CNOOC Petroleum North America ULC v. 801 Seventh Inc.: Acted as co-counsel in complex 57 day trial from October 2022 to June 2023 on behalf of CNOOC Petroleum North America ULC in proceedings pertaining to defective construction materials and their impact on a commercial lease.
• Intact Insurance Company v. Clauson Cold & Cooler Ltd., 2020 ABCA 161: Acted as lead counsel for hearings in December 2018 and March 2020 on behalf of Clauson Cold & Cooler Ltd. at both the Court of King's Bench and Court of Appeal levels at which the Court of Appeal upheld Clauson's right to have its insurer defend Clauson in underlying litigation.
• Chevron Canada Resources v. Canada, 2019 ABQB 418: Acted as co-counsel for 21 day trial in June 2018 on behalf of Chevron Canada Resources in successful action against the Government of Canada during which Chevron obtained judgment for royalty overpayments on natural gas liquids (NGLs). Through this case gained exposure to the production of NGLs, working with expert witnesses on matters of production and pricing.
• Myers v. AlanRidge Homes Ltd. et al., 2017 ABQB 631: Acted as co-counsel for 4 day trial in February 2017 on behalf of the Defendants successfully defending allegations of fraudulent conveyance and fraudulent preference.
• Commercial Arbitration (Confidential): Assisted with 4 week domestic arbitration hearing in spring 2016 in the context of an interruption to the supply of electricity.

Beyond these select examples, Matthew has regularly appeared in both Application Judges and Justice Chambers to make submissions on behalf of his clients in both regular and special chambers sittings.

Matthew’s common sense approach to litigious, or potentially litigious, disputes sets him apart from other advisors. At all times, Matthew provides candid advice to his clients and seeks to find solutions that make commercial sense.