Matthew practices complex, high-stakes corporate litigation, with an emphasis on energy, construction, and securities disputes.
Matthew has a proven track record of understanding and advancing clients’ corporate interests with a strategic and persistent focus on achieving their objectives, whether in the courts or by way of negotiated resolution. He always manages files with a view to ensuring efficient and cost-effective resolutions to disputes, often under alternative fee arrangements.
Matthew advises energy companies on environmental and climate change litigation risk. He regularly speaks and writes on climate change litigation in Canada and abroad.
Matthew's practice includes all aspects of construction law including disputes involving contracts and specifications, construction liens, delay claims, bidding and tendering matters, negligence claims, bond insurance claims, and construction trusts.
Matthew has an active injunction practice. He has been involved with obtaining and defending over a dozen injunctions, including interlocutory injunctions, permanent injunctions, mandatory injunctions, numerous blockade injunctions for project proponents which involve among other things, indigenous law issues, and anti-suit injunctions.
Matthew is a member of Osler’s National Disputes Department and its construction litigation team. Some of Matthew's recent non-confidential matters include:
- Representing Chemtrade Electrochem Inc. at trial and obtaining a $25M judgment, plus costs and interest, against Superior Plus Corporation;
- Representing Pure Environmental in multi-million dollar litigation in the Court of Queen’s Bench, including successfully defending summary dismissal proceedings;
- Successfully obtaining a permanent injunction for Shell Canada (as lead counsel) in the Court of Queen’s Bench of Alberta;
- Successfully representing Trans Mountain Pipeline in injunction and civil contempt proceedings in the British Columbia Supreme Court;
- Acting for CNRL in multi-billion dollar litigation associated with the Horizon Oil Sands operation.
Matthew is called to the bar in both Alberta and British Columbia. He acts as counsel in complex commercial disputes in both provinces.
Representative Work
- VAALCO Energy
VAALCO in its US$307 million business combination with TransGlobe
- Circle Cardiovascular Imaging
Circle Cardiovascular Imaging in its strategic investment from Thoma Bravo
- KPMG Inc.
KPMG Inc. in connection with the receivership of Half Moon Lake Resort Ltd. and Armac Investments Ltd.
- Trans Mountain Canada in successful injunction and contempt proceedings relating to the Trans Mountain Expansion at the British Columbia Supreme Court
- Chemtrade Electrochem Inc in its successful trial verdict against Superior Plus Corporation over a $25M break-fee provision
- Acting for Coalspur Mines Operations in a $75M construction dispute relating to failed structural steel connections
- VAALCO in its US$307 million business combination with TransGlobe
- Suncor Energy Inc. in its takeover of day-to-day operations at Syncrude oil sands mining joint venture
- Energy Transfer Canada ULC in a $27M claim relating to capital make whole obligations
- Pure Environmental Waste Management in a multi-million dollar litigation against a contractor relating to, among other things, deficiencies in the construction of a disposal well
- Circle Cardiovascular Imaging in its strategic investment from Thoma Bravo
- A multi-national oil company providing advice regarding climate change risk disclosure and climate litigation risk
- The directors of a Mortgage Investment Corporation in a multi- million dollar class action proceeding, a derivative claim, and an oppression claim which sought to remove the directors from the company’s board
- EnCana in a $11 million claim brought by a landowner for alleged damages sustained due to “fracking” in oil and gas operations
- CNRL in a commercial dispute in relation to interests and obligations associated with the multi-billion dollar Horizon Oil Sands operation
- ConocoPhillips in a multi-million dollar claim against Ensign at the Court of Queen’s Bench of Alberta involving the interpretation of the no-fault and take-over provisions in the CAODC Master Daywork Contract
VAALCO in its US$307 million business combination with TransGlobe
Circle Cardiovascular Imaging in its strategic investment from Thoma Bravo
KPMG Inc. in connection with the receivership of Half Moon Lake Resort Ltd. and Armac Investments Ltd.
- Chemtrade Electrochem Inc in its successful trial verdict against Superior Plus Corporation over a $25M break-fee provision
- Acting for Coalspur Mines Operations in a $75M construction dispute relating to failed structural steel connections
- VAALCO in its US$307 million business combination with TransGlobe
- Suncor Energy Inc. in its takeover of day-to-day operations at Syncrude oil sands mining joint venture
- Energy Transfer Canada ULC in a $27M claim relating to capital make whole obligations
- Pure Environmental Waste Management in a multi-million dollar litigation against a contractor relating to, among other things, deficiencies in the construction of a disposal well
- Circle Cardiovascular Imaging in its strategic investment from Thoma Bravo
- A multi-national oil company providing advice regarding climate change risk disclosure and climate litigation risk
- The directors of a Mortgage Investment Corporation in a multi- million dollar class action proceeding, a derivative claim, and an oppression claim which sought to remove the directors from the company’s board
- EnCana in a $11 million claim brought by a landowner for alleged damages sustained due to “fracking” in oil and gas operations
- CNRL in a commercial dispute in relation to interests and obligations associated with the multi-billion dollar Horizon Oil Sands operation
- ConocoPhillips in a multi-million dollar claim against Ensign at the Court of Queen’s Bench of Alberta involving the interpretation of the no-fault and take-over provisions in the CAODC Master Daywork Contract
Latest Insights
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Blog Jun 19, 2024
Alberta Court releases first decision addressing adjudication under Prompt Payment and Construction Lien Act
The Alberta Court released its first decision addressing the streamlined adjudication process under the Prompt Payment and Construction Lien Act. In...
Read more -
Osler Update Dec 5, 2023
Alberta introduces new ‘streamlined trial’ process, replacing summary trials
Last month, Alberta amended its Rules of Court to introduce a new “streamlined trial” process. We look at what’s behind the change, how it...
Read more -
Blog Nov 13, 2023
Alberta Court finds non-party bound to arbitrate when enforcing contractual warranties
A recent Alberta case found that beneficiaries of contractual warranties may be bound to arbitrate disputes arising from those contractual...
Read more -
Osler Update Aug 28, 2023
Lessons learned: Alberta Court refuses to approve plan of arrangement
A recent decision by the Court of King’s Bench of Alberta provides important guidance about how courts scrutinize whether an arrangement is fair...
Read more
Media Mentions
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Osler News Feb 16, 2021
Osler welcomes 12 new partners and 2 new counsel in 2021
Osler is proud to announce the addition of 12 new partners and two new counsel across five of our offices, effective March 1, 2021.
Read more
Community Involvement
Matthew is active in the Calgary community. He was formerly the Chair of the Board of Brown Bagging for Calgary Kid’s Society, a local Calgary charity that provides lunches to approximately 5000 kids each school day.
Matthew is also active in the legal community in Calgary and across Canada. He is formerly an appointed member of The Advocates’ Society Young Advocates’ Standing Committee. In that role, he participated in numerous working groups including the Standing Committee on Advocacy and Practice, National Standing Committee, Keeping Tabs Publication Working Group, Podcast Working group, and various other initiatives. Matthew is a current member of the Advocates’ Society Alberta Advisory Committee. Further, Matthew is an instructor in the University of Calgary Faculty of Law’s Trial Advocacy Program.
Speaking and Writing
Speaking Engagements
Energy Security Cubed Podcast: Climate Litigation – Climate over Security?
Read morePublished Work
“Climate Change and the Right to a Healthy Environment in the Canadian Constitution“, Canadian Energy Law Foundation, August 12, 2020 (co-author)
“An early chapter in climate change litigation“, CBA National, June 1, 2020 (co-author)
“COVID-19 Evolving Legal Considerations in the Canadian Market”, Update: Mar 17, 2020 (co-author)
“Exxon wins first climate change disclosure securities fraud case“, Update: Dec 17, 2019 (co-author)
“Climate change litigation arrives in Canada”, (co-author, February 5, 2019).
“First of its kind – Ontario NDP tables civil liability for climate change bill”, Update: Apr 3, 2018 (co-author) “Defining industry-specific contractual terms: Supreme Court of Canada revisits principles of contractual interpretation“, (co-author, February 16, 2017).
“Is it Unethical to Not Understand E-Discovery? Professional Liability and Discipline Litigation”, Volume XVI, No. 2, p 981-984, (co-author, 2015).
“Canada 2013 Year in Review, FCPA Professor”, (co-author, January 14, 2014).
Credentials
Education
- Dalhousie University, J.D.
- International Law School Exchange, Lund University, Sweden
- University of Toronto B.A. (Hon.)
Languages
- English
Professional Affiliations
- ICC Canada Arbitration Committee
- The Law Society of British Columbia
- The Advocates' Society
- The Defense Research Institute
- The Canadian Bar Association
- The Calgary Bar Association
- The Canadian Energy Law Foundation
- Young Professionals in Energy