Peacock Linder Halt & Mack LLP represents a wide spectrum of clients ranging from individuals to some of the largest corporations and institutions in the world. We assist our clients in resolving their disputes through negotiation, mediation, arbitration, judicial dispute resolution and litigation. Some of the particular practice areas in which we have extensive experience are set out below.
Please contact any of our Partners or any member of a practice area for further information or assistance.
We regularly appear as counsel for individuals, decision-makers, corporations, and institutions in a variety of administrative and regulatory proceedings and before a wide range of administrative and regulatory bodies. Such proceedings include professional disciplinary hearings, academic hearings involving post-secondary institutions, utilities board hearings, hearings before the Alberta Energy Regulator (and its predecessors), surface rights applications and hearings, proceedings involving securities commissions, including the Alberta Securities Commission and the Securities and Exchange Commission, court review of decisions of administrative decision-makers (judicial review), and constitutional and Charter of Rights challenges.
Our lawyers regularly represent clients in alternative dispute resolution processes, including mediation, arbitration and judicial dispute resolution, within Alberta, but also elsewhere in Canada and internationally.
In addition, we have some of the top mediators and arbitrators in Calgary, led by our partners Pat Peacock and Perry Mack. The team’s varied experience and stellar reputations allow them to provide objective and practical assistance in resolving complex disputes without requiring formal court proceedings.
We both defend and pursue class actions. Our team has extensive experience defending individuals and corporations in class actions involving securities, payday loans, allegations of knowing assistance, ponzi schemes, alleged workplace violations, construction delays or defects, and many other areas. We have also pursued class actions on behalf of individuals and condominium corporations in construction disputes.
Virtually any dispute involving a business relationship can end up in complex litigation. Our approach is to narrow the dispute as quickly as possible, focus on key issues, and find solutions that recognize the practical realities of our client’s unique situation and the importance of preserving valuable business relationships where possible. Among the myriad of complex commercial litigation matters that we regularly handle are the following:
We provide advice to and advocate on behalf of owners, contractors, and other stakeholders concerning a wide range of construction disputes. These often arise from lien claims, claims related to deficiencies and faulty workmanship, claims based on delays, disputes over change orders or extra work, disputes related to the bidding or tendering process, and bond claims.
Our team has acted on the full range of disputes from filing and pursing builders’ liens on behalf of corporations through to claims arising from delay or defects involving hundreds of millions of dollars.
Potential liability for a number of corporate problems has become a harsh reality for directors and officers. We defend directors and officers on a variety of claims, including insured claims, alleged breaches of duty and conflicts of interest, liability for environmental and employment claims, as well as oppression claims and derivative actions.
We regularly provide advice to and represent individuals and businesses concerning a wide range of workplace related matters including wrongful dismissal, workplace discrimination and harassment, and obligations following departure from a workplace. In addition to our advocacy work in this area, our team regularly reviews and provides advice on employee termination packages, advice on issues involving non-solicitation and non-competition agreements, and advice on employees’ rights to their books of business and professional accounts for businesses and individuals.
Claims based on property interests, including oil and gas rights, may be subject to potential statutory and tort issues related to contaminated sites and asset retirement obligations. We have experience with potential environmental liabilities, including abandonment and reclamation obligations, insured claims for environmental liabilities, responsibility for contaminated sites, and nuisance claims involving migration of contaminants.
It is an unfortunate reality of wills and estates that disputes sometimes arise among beneficiaries. Similarly, trusts can become the subject of litigation that can be difficult and protracted. We act in all types of disputes in this area, including claims disputing testamentary capacity and dispositions, claims against trustees for breach of trust, claims involving executors and administrators of estates, and claims involving powers of attorney and personal directives.
We have extensive experience in unravelling the unique complexities of franchise disputes and the statutory and contractual framework in which they arise. We help solve problems for franchisees or franchisors, and we are well-positioned to address issues arising from franchise agreements including urgent claims for injunctive relief, negotiations to resolve contractual disputes, mediations, arbitrations, and court proceedings to trial.
Bankruptcies and insolvency claims arise in a unique statutory environment. Our lawyers have extensive experience in dealing with the particular issues clients face in trying to navigate this complex process. We routinely act for creditors, trustees, monitors, corporate debtors and receivers in insolvency litigation, bankruptcies, receiverships and CCAA proceedings.
We provide legal advice and assistance to both insured and insurers in a wide range of insurance disputes, from small disputes through the major ones, including hundreds of millions of dollars. Among the areas that we regularly act are coverage disputes, professional liability, subrogated claims, directors and officers liability and energy industry insured claims. We have acted extensively in disputes arising from the Calgary flood in 2013, product liability claims, construction delays, and losses in the oil and gas sector.
In addition, our team has acted in a dispute resolution roles in mediations and arbitrations in this area, and have been appointed by the Superintendant of Insurance as umpire pursuant to the Insurance Act.
Our lawyers have been involved in a number of significant court decisions related to a variety of energy disputes. We are frequently the firm of choice for clients looking for practical, effective and business-oriented solutions to disputes of critical import. Our experience runs the gamut of contractual and tort disputes arising in the energy industry. Very recent experiences include urgent interlocutory proceedings involving a pipeline tie-in dispute, partnership / joint venture disputes, precedent setting cases with respect to the interpretation of freehold leases.
We represent manufacturers, distributors, suppliers and others involved in litigation arising from the design, manufacture and marketing of products to the public. Such litigation includes claims of negligent design, negligent manufacture, breach of the duty to warn and breaches of provincial sales of goods legislation. We have considerable experience representing clients globally whose products were incorporated into plants and pipelines in the Alberta oil and gas industry.
In addition to the representation of professionals in disciplinary proceedings, we represent a variety of professionals in defending lawsuits brought against them for alleged negligence or misconduct, including physicians and allied medical professionals, dentists, real estate agents, insurance brokers, financial advisors, engineers and veterinarians.
We act in matters involving shareholder disputes in companies from small, closely-held family businesses to multibillion dollar public corporations. Our extensive experience in this area includes cases involving oppression claims and derivative actions, shareholder disputes, advice and representation for Boards of Directors and special committees, and proceedings before the Alberta Securities Commission and Securities and Exchange Commission.