Rich joined Peacock Linder Halt & Mack LLP in 2007 and is now a partner with the firm. Before joining the firm, Rich articled and practiced with a litigation boutique in Winnipeg. Rich’s litigation practice encompasses a broad range of disputes. Rich has experience in construction matters, including builders’ liens, deficiencies, warranties, bonds and contract interpretation. He routinely acts as defence counsel for lawyers in legal malpractice lawsuits. Rich also has experience acting for stakeholders in corporate oppression and other corporate and shareholder disputes, real estate-related litigation, wills and estates litigation, insurance litigation, employment disputes, oil and gas litigation and a wide variety of other types of contract disputes.

He has appeared before all levels of court in Alberta and Manitoba, and he routinely represents clients in Court-assisted mediations and other forms of dispute resolution.

EDUCATION

• LL.B., 2004, University of Manitoba
• B.A., 2000, University of Manitoba

MEMBERSHIPS AND ACTIVITIES

• Calgary Bar Association
• Canadian Bar Association
• Law Society of Alberta
• Law Society of Manitoba

REPRESENTATIVE CASES

• Represented plaintiffs in successfully adding a $5million debt claim (for an unpaid Montana judgment) to a proceeding that had originally unsuccessfully sought relief under the Reciprocal Enforcement of Judgments Act. The issues argued before the Court of Queen’s Bench and the Court of Appeal were complex, involving res judicata, issue and action estoppel, functus officio, and the addition of late claims under s.6 of the Limitations Act.
• Acted as Court appointed independent supervising solicitor (ISS) to oversee and report to the Court on the implementation of an ex parte Anton Piller Order.
• Co-counsel for a pulp and paper mill in a dispute with an energy developer over the obligation to continuously operate a co-generation facility and regarding claims of force majeure.
• Co-counsel for owners of gas processing plant and related pipeline gathering system. Assisted clients in achieving a settlement with their insurer of their claims for property damage and business interruption losses related to the 2013 flood.
• Represented defendant obtaining dismissal of claim at trial, on the basis that the claim against the client was statute-barred under the Limitations Act, and in the alternative, successfully argued that the client would in any event have been entitled to succeed on his third party claim for indemnity against the co-defendants based on equitable principles.
• Represented defendant in obtaining a summary dismissal before trial of a claim for professional negligence, successfully arguing the defendant owed no duty of care to the plaintiffs who were parties to a real estate transaction, but were not the defendant’s clients.
• Involved in a number of recent reported cases about the interpretation and application of the so-called “drop dead” rule that permits a plaintiff to apply to dismiss a claim that has not been significantly advanced for a period 3 years or more.
• Recently involved in reported decisions about lender’s ability to claim further losses and damages after obtaining a Final Order for Foreclosure, and about lender’s ability to claim the return of proceeds from an Order for Sale mistakenly paid to the wrong party.

COMMUNITY

• Director – Changes Supporting Living Services
• Volunteer Evaluator – CPLED bar admission program