Robert Martz
FCIArb
Partner
Experience
Rob Martz has over a decade of experience in commercial and corporate dispute resolution. His practice focuses on complex and high stakes appellate litigation, arbitrations, and trial work. This work encompasses a wide range of matters include disputes involving constitutional questions, corporate and commercial matters, energy and natural resources, and joint venture disputes.
In addition, Rob Martz has significant experience in dealing with international anti-corruption and bribery issues. This includes developing compliance plans and dealing with anti-corruption issues for companies around the globe under the Corruption of Foreign Public Officials Act, experience in assisting clients with CFPOA and FCPA due diligence during mergers, and working with companies and provided advice on operating in North Africa, South America, and the Middle East.
Arbitration experience
Rob is a Fellow of the Chartered Institute of Arbitrators and has extensive experience as counsel in domestic and international arbitrations. His representative work includes:
- Successfully represented a multi-national corporation in an LCIA arbitration regarding a partnership.
- Successfully represented a multi-national corporation in an ADRIC arbitration regarding a joint venture.
- Successfully represented a multi-national energy company in a domestic arbitration regarding oil and gas leases.
Litigation experience
Rob has successfully litigated at all levels of Court in Canada. As a former clerk at the Supreme Court of Canada he has a particular interest and experience in appellate litigation of all kinds. His representative experience includes:
Supreme Court of Canada
- Counsel for Peace River Hydro Partners, in Peace River Hydro Partners, et al. v. Petrowest Corporation, et al., a case which involves the question of whether a receiver can disclaim an arbitration clause while still enforcing the underlying contract.
- Counsel to the Explorers and Producers Association of Canada in Reference re Environmental Management Act, 2020 SCC 1, a case that considered the constitutionality of the inter-provincial transport of oil and gas and environmental regulations.
- Counsel to the Alberta Small Brewers Association in R. v. Comeau, 2018 SCC 15, a case that considered the constitutionality of cross-border restrictions on the trade in beer.
Court of Appeal and trial experience
- Counsel to CAPP and EPAC in the Reference re. Bill C-69 in 2021;
- Counsel to the Plaintiff in three successful appeals and one cross appeal before Court of Appeal involving the allocation of damages from a pipeline failure and Pierringer Agreements affect the calculation of damages. Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc., (IMV Projects Inc.), 2018 ABCA 305.
- Counsel to the Plaintiff in a three-month trial where the Defendant engineering company was found to be negligent and in breach of contract in its design of a high-temperature emulsion pipeline near Cold Lake, Alberta. Canadian Natural Resources Limited v.Wood Group Mustang (Canada) Inc., formerly IMV Projects Inc., 2017 ABQB 106.
- Counsel to a Calgary real estate corporation in the successful defence of allegations of land titles fraud and a demand for specific performance by the Strategic Group and Riaz Mamdani. Strategic Acquisition Corp. v. Multus Investment Corp., 2016 ABQB 681 and Strategic Acquisition Corp. v. Multus Investment Corp., 2017 ABCA 250.
- Counsel to a plaintiff in an occupiers' liability trial, which found that the City of Calgary had breached the Occupiers' Liability Act by failing to have adequate security measures in place at a Light Rail Transit station and connected Plus 15 walkway on New Year's Eve. The failure to have adequate surveillance camera placement and quality, sufficient lighting, an effective video monitoring system, or sufficient peace officer patrols, contributed to an unsafe environment. This prevented Transit employees from observing or detecting a serious and prolonged series of assaults against the plaintiff, deploying peace officers or Calgary Police to intervene, or taking other steps to mitigate the harm. McAllister v. Calgary (City), 2018 ABQB 480.
- Counsel to an Alberta corporation in a successful appeal reinstating an action that had been assigned to it by a Receiver, but struck by a Judge on the grounds of champerty and maintenance. 1773907 Alberta Ltd v. Davidson, 2015 ABCA 150.
- Counsel to a government regulatory entity in successfully resisting an allegation of an unconstitutional search and seizure. Arnold v. GIC, [2015] A.W.L.D. 4446 and Arnold v. GIC, 2015 ABCA 55.
Languages
Rob is fluent in French.
Professional involvement
Professional associations
- Member, Law Society of Alberta
- Member, Canadian Bar Association
Presentations
Rob has also presented at various conferences, panels, seminars, and other events, including:
- Recent Decisions on the use of ROFRs, PJVA Meeting, Calgary, May 2018
- ROFR Trends in Transactions, Disputes and Practice in Canada, AIPN Canada Chapter Seminar, Calgary, April 2018
- Legal Strategies in Private Mergers and Acquisitions, Legal Education Society of Alberta Seminar, May 2015
Representative work
Historic settlement in workplace sexual misconduct class action against City of Leduc
Counsel for plaintiff class in successful settlement agreement with the City of Leduc for systemic sexual abuse, harassment, and assault against female city employees, including firefighters. Terms of settlement include the highest per-person monetary compensation in a Canada class action settlement for workplace misconduct. The per-person settlement amounts combined with the non-adversarial claims process, non-monetary remedies, and the lengthy claimant eligibility time period, arguably makes this settlement the most progressive workplace class action settlement in Canadian history. This is the first settlement of a class action involving sexual misconduct and sexual assault in a fire department or municipality in Canada. The individual compensation in this settlement exceeds that provided by Canada’s most notable workplace harassment class action settlements to date. This settlement was approved by the Court on July 4, 2023.
Deans Knight Income Corporation appeal to Supreme Court of Canada
Appeared at Supreme Court of Canada in precedent-setting tax case, Deans Knight Income Corporation v. His Majesty the King. This high-profile dispute asked whether the general anti-avoidance rule in the Income Tax Act could apply to nullify a company's losses after it underwent a recapitalization and restart transaction. With a taxpayer win at the Tax Court of Canada, which was subsequently overturned by the Federal Court of Appeal, the taxpayer appealed to the Supreme Court of Canada. The appeal was heard on November 2, 2022.
Successful leave to appeal to the Supreme Court of Canada on behalf of Peace River Hydro Partners
Lead counsel in a successful leave to appeal to the Supreme Court of Canada on behalf of Peace River Hydro Partners, in Peace River Hydro Partners, et al. v. Petrowest Corporation, et al., a case which involves the question of whether a receiver can disclaim an arbitration clause while still enforcing the underlying contract.
Successful occupiers' liability trial against the City of Calgary
Counsel to a plaintiff in an occupiers' liability trial, which found that the City of Calgary had breached the Occupiers' Liability Act by failing to have adequate security measures in place at a Light Rail Transit station and connected Plus 15 walkway on New Year's Eve. The failure to have adequate surveillance camera placement and quality, sufficient lighting, an effective video monitoring system, or sufficient peace officer patrols, contributed to an unsafe environment. This prevented Transit employees from observing or detecting a serious and prolonged series of assaults against the plaintiff, deploying peace officers or Calgary Police to intervene, or taking other steps to mitigate the harm. (McAllister v. Calgary (City), 2018 ABQB 480). The decision was upheld by the Court of Appeal, subject to a clarification concerning the time within which the City ought reasonably to have detected and responded to the assault. (McAllister v. Calgary (City), 2019 ABCA 214). On January 9, 2020, the Supreme Court of Canada denied the City of Calgary leave to appeal the Alberta Court of Appeal's finding of liability in McAllister v. City of Calgary.
Appeared before the Supreme Court of Canada on the constitutionality of the inter-provincial transport of oil and gas
Intervenor counsel to the Explorers and Producers Association of Canada in a case that considered the constitutionality of British Columbia's proposed restrictions on heavy oil in the TMX Pipeline and the interprovincial transport of oil and gas. (Reference re Environmental Management Act, 2020 SCC 1).
Constitutional challenge from British Columbia on the TMX Pipeline
Co-counsel to the Exploration and Producers Association of Canada in its intervention at the Supreme Court of Canada in BC v. Canada. The case considered the constitutionality of British Columbia's proposed restrictions on heavy oil in the TMX Pipeline.
Government of Alberta's TMX reconsideration before the National Energy Board
Co-counsel to the Government of Alberta in respect of the expedited Trans Mountain Expansion Project reconsideration hearing where the National Energy Board recommended that the Project proceed.
Represented the Alberta Small Brewers Association before the Supreme Court of Canada
Intervenor counsel to the Alberta Small Brewers Association in a case that considered the constitutionality of interprovincial restrictions on trade in beer. (R. v. Comeau, 2018 SCC 15)
Three successful appeals before the Alberta Courts on behalf of CNRL
Counsel in connection with three successful appeals and one cross appeal before Court of Appeal involving the allocation of damages from a pipeline failure and Pierringer Agreements affect the calculation of damages. (Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305)
Successful defense in a negligence and breach of contract
Counsel to the Plaintiff in a three-month trial where the defendant engineering company was found to be negligent and in breach of contract in its design of a high-temperature emulsion pipeline near Cold Lake, Alberta. (Canadian Natural Resources Limited v.Wood Group Mustang (Canada) Inc., formerly IMV Projects Inc., 2017 ABQB 106).
Successful defense of allegations of land titles fraud
Counsel to a Calgary real estate corporation in the successful defense of allegations of land titles fraud and a demand for specific performance by the Strategic Group and Riaz Mamdani. (Strategic Acquisition Corp. v. Multus Investment Corp., 2016 ABQB 681 and Strategic Acquisition Corp. v. Multus Investment Corp., 2017 ABCA 250).
Advising Deans Knight on a tax dispute
Counsel to Deans Knight Income Corporation in a case that involves whether the deduction of tax attributes can be properly denied by the CRA on the basis of the general anti-avoidance rule in the Income Tax Act (Canada). (Deans Knight Income Corporation v. Her Majesty the Queen)
Awards
Recent honours and recognition
Recognized by Best Lawyers in Canada in Appellate Practice and Corporate and Commercial Litigation (2023, 2024, 2025)
Awarded the National Impact Case Award by Benchmark Litigation (2024)
Litigation Star in Benchmark Litigation Canada (2021-2022)
Named as a Future Star by Benchmark Litigation Canada (2019-2020, 2023)
Publications
November 20, 2024
Canada's Proposed Oil and Gas Sector Emissions Cap
September 6, 2024
BD&P Comments Regarding Guidance on Greenwashing Provisions
October 6, 2022
Composite Assessment Review Board's decision unreasonable finds Alberta Court of Appeal review
May 11, 2022
Alberta Court of Appeal finds the federal Impact Assessment Act unconstitutional
March 26, 2021
Supreme Court of Canada upholds the Greenhouse Gas Pollution Pricing Act: the ruling and its consequences
December 10, 2020
Federalism in the patch: Canada's energy industry and constitutional division of powers cited with approval by the Alberta Court of Appeal and the Supreme Court of Canada in Reference re Impact Assessment Act, 2022 ABCA 165 and 2022 SCC 23.
May 7, 2020
MDS v Factory Mutual case suggests courts might allow claims for COVID-19 business-interruption coverage under property insurance policies
March 16, 2020
Force majeure clauses might cover COVID-19 and partially excuse contractual duties
March 11, 2020
Supreme Court of Canada rules that Nevsun Resources might owe damages for alleged forced labour, opening the door to civil liability for breaches of international law
January 20, 2020
Supreme Court of Canada takes thirty minutes to unanimously reject British Columbia's proposed regulation of Alberta heavy oil through the Trans Mountain Pipeline
December 12, 2019
A view from Alberta on the Supreme Court’s Decision to allow a National Securities Regulator
September 10, 2019
Federal Court of Appeal grants leave in TMX appeal application: roadblock or roadmap?
October 19, 2018
Supreme Court of Canada finds no duty to consult with First Nations in the development of new legislation
September 26, 2018
Rule against overcompensation in Pierringer settlements should be applied generously in favour of plaintiffs
August 31, 2018
Federal Court Quashes Approval of Trans Mountain Pipeline Expansion
News
September 27, 2024
BD&P receives Impact Case of the Year Award at ITR Americas Tax Awards
August 29, 2024
52 BD&P lawyers recognized in the 2025 edition of Best Lawyers Canada
May 9, 2024
The Benchmark Litigation Awards recognize BD&P with the National Impact Case Award
May 1, 2024
BD&P Lawyers Ranked as Future and Litigation Stars
August 24, 2023
Forty-one BD&P lawyers recognized in the 2024 edition of Best Lawyers Canada
June 21, 2023
BD&P Announces Historic Settlement in Workplace Sexual Misconduct Class Action against Leduc
April 26, 2023
BD&P ranked highly by 2023 Benchmark Litigation Canada
August 25, 2022
Thirty-five BD&P lawyers recognized in Best Lawyers in Canada, 2023 edition
April 28, 2021
Fifteen BD&P litigation lawyers ranked in Benchmark Canada 2021
April 14, 2020
Thirteen BD&P litigation lawyers ranked in Benchmark Canada 2020
February 12, 2019