Sean’s national litigation practice focuses on business-critical disputes. He acts for corporate clients in complex oil and gas litigation, environmental matters, regulatory investigations, class action defence and product liability actions.
Additionally, Sean has considerable experience representing major resource project proponents, corporate taxpayers, regulated industries and government in constitutional challenges, appeals and judicial review of ministerial and tribunal decisions. These cases often involve stay or injunction applications, the duty to consult Indigenous peoples, and novel legal issues.
Sean regularly appears in courts across Canada, including the Supreme Court of Canada, the Alberta Court of Appeal, the Federal Court of Appeal, the British Columbia Court of Appeal, the Alberta Court of Queen’s Bench, the British Columbia Supreme Court and the Manitoba Court of Queen’s Bench.
In addition to his corporate and commercial practice, Sean is active in pro bono, public interest advocacy.
When not in court, Sean works with clients proactively to identify and mitigate risks to their business.
Sean clerked at the Alberta Court of Queen’s Bench and has otherwise spent his entire legal career at Osler, joining as a summer student in 2011.
Areas of Expertise
Representative Work
- Business Council of Alberta
Significant decision at the Supreme Court of Canada: five judge majority finds the Impact Assessment Act unconstitutional
- First Quality Enterprises LLC
First Quality Enterprises in its acquisition of Domtar’s Pulp and Paper Mill in Dryden, Ontario
- Alberta Court of Appeal Clarifies Quarry Assessment Regime
The Alberta Court of Appeal in the successful appeal of the Quarry Assessment Regime
- Trans Mountain Canada Inc.
Trans Mountain Canada Inc. in its successful defence of four judicial review applications at the Federal Court of Appeal, challenging the June 2019 federal approval (Order in Council) of the Trans Mountain Pipeline Expansion Project
- Trans Mountain Canada Inc.
Supreme Court of Canada rules in favour of the Trans Mountain Expansion Project
- Equinor Canada Limited
Equinor Canada Limited and Husky Oil Operations Limited regarding commercial matters related to the potential Bay du Nord offshore oil project
- Kinder Morgan Canada Limited
Kinder Morgan Canada Limited in its litigation victories for the Trans Mountain Pipeline Expansion
- Prosper Petroleum Limited in litigation associated with its approved Rigel Oil Sands Project including an order from the Alberta Court of Queen’s Bench granting mandamus compelling the Province of Alberta to make a decision on the Project.
- Enbridge Inc., intervening at the Supreme Court of Canada and the British Columbia Court of Appeal in a reference case concerning proposed provincial legislative amendments that sought to regulate interprovincial pipelines.
- Premier Brian Pallister, the Minister of Crown Services, the Executive Council for Manitoba and the Government of Manitoba in the successful defence of a judicial review application seeking to quash a ministerial directive to a Crown corporation regarding agreements with Indigenous groups and communities, heard by the Manitoba Court of Queen’s Bench.
- Manitoba Hydro in obtaining an injunction in the Manitoba Court of Queen’s Bench to dismantle a blockade of the Keeyask Generating Station in Northern Manitoba.
- Trans Mountain Pipeline ULC in challenges to the federal and provincial approvals of the Trans Mountain Expansion Project (the “Project”), including appeals, judicial reviews, and injunctions at the Federal Court of Appeal,British Columbia Supreme Court, British Columbia Court of Appeal (“BCCA”) and leave to appeal to the Supreme Court of Canada. Representation to date also includes successful constitutional motions at the National Energy Board (“NEB”) regarding City of Burnaby municipal permits and a constitutional reference proceeding at the BCCA .
- Encana Corporation in relation to court and arbitration proceedings related to a $500 million investment by Toyota Tsusho Wheatland Inc. in Alberta gas properties.
- Murphy Oil in respect of a judicial review and statutory appeal of decisions taken by the Newfoundland and Labrador Minister of Finance under the Offshore Area Corporate Income Tax Act..
- A major multinational pharmaceutical company in respect of a product liability class action commenced in British Columbia.
- TC Energy in various applications for a stay, injunctions and motions for leave to appeal in the Alberta Court of Queen’s Bench and the Federal Court of Appeal, with respect to pipelines and facilities
- NOVA Gas Transmission Ltd. before the Federal Court of Appeal with respect to two motions for leave to judicially review a decision of the Governor in Council taken under section 52 of the National Energy Board Act approving the North Montney Mainline pipeline project.
- Shell Canada Limited before the Alberta Court of Appeal and in leave to appeal proceedings to the Supreme Court of Canada in the successful defence of a statutory appeal by O’Chiese First Nation of regulatory permitting of natural resource projects granted by the Alberta Energy Regulator.
- Toronto Dominion Bank before the British Columbia Court of Appeal in a judicial review and statutory appeal of decisions taken by the British Columbia Commissioner of Income Tax and the Minister of Finance in respect of an annual corporate tax return.
- TransAlta Corporation with respect to its defence in the first contested enforcement proceeding brought by the Market Surveillance Administrator of Alberta, which included an oral hearing before the Alberta Utilities Commission.
- A financial advisory services firm in a confidential arbitration arising from a unanimous shareholders agreement.
Significant decision at the Supreme Court of Canada: five judge majority finds the Impact Assessment Act unconstitutional
First Quality Enterprises in its acquisition of Domtar’s Pulp and Paper Mill in Dryden, Ontario
The Alberta Court of Appeal in the successful appeal of the Quarry Assessment Regime
Trans Mountain Canada Inc. in its successful defence of four judicial review applications at the Federal Court of Appeal, challenging the June 2019 federal approval (Order in Council) of the Trans Mountain Pipeline Expansion Project
Supreme Court of Canada rules in favour of the Trans Mountain Expansion Project
- Equinor Canada Limited
Equinor Canada Limited and Husky Oil Operations Limited regarding commercial matters related to the potential Bay du Nord offshore oil project
- Kinder Morgan Canada Limited
Kinder Morgan Canada Limited in its litigation victories for the Trans Mountain Pipeline Expansion
- Prosper Petroleum Limited in litigation associated with its approved Rigel Oil Sands Project including an order from the Alberta Court of Queen’s Bench granting mandamus compelling the Province of Alberta to make a decision on the Project.
- Enbridge Inc., intervening at the Supreme Court of Canada and the British Columbia Court of Appeal in a reference case concerning proposed provincial legislative amendments that sought to regulate interprovincial pipelines.
- Premier Brian Pallister, the Minister of Crown Services, the Executive Council for Manitoba and the Government of Manitoba in the successful defence of a judicial review application seeking to quash a ministerial directive to a Crown corporation regarding agreements with Indigenous groups and communities, heard by the Manitoba Court of Queen’s Bench.
- Manitoba Hydro in obtaining an injunction in the Manitoba Court of Queen’s Bench to dismantle a blockade of the Keeyask Generating Station in Northern Manitoba.
- Trans Mountain Pipeline ULC in challenges to the federal and provincial approvals of the Trans Mountain Expansion Project (the “Project”), including appeals, judicial reviews, and injunctions at the Federal Court of Appeal,British Columbia Supreme Court, British Columbia Court of Appeal (“BCCA”) and leave to appeal to the Supreme Court of Canada. Representation to date also includes successful constitutional motions at the National Energy Board (“NEB”) regarding City of Burnaby municipal permits and a constitutional reference proceeding at the BCCA .
- Encana Corporation in relation to court and arbitration proceedings related to a $500 million investment by Toyota Tsusho Wheatland Inc. in Alberta gas properties.
- Murphy Oil in respect of a judicial review and statutory appeal of decisions taken by the Newfoundland and Labrador Minister of Finance under the Offshore Area Corporate Income Tax Act..
- A major multinational pharmaceutical company in respect of a product liability class action commenced in British Columbia.
- TC Energy in various applications for a stay, injunctions and motions for leave to appeal in the Alberta Court of Queen’s Bench and the Federal Court of Appeal, with respect to pipelines and facilities
- NOVA Gas Transmission Ltd. before the Federal Court of Appeal with respect to two motions for leave to judicially review a decision of the Governor in Council taken under section 52 of the National Energy Board Act approving the North Montney Mainline pipeline project.
- Shell Canada Limited before the Alberta Court of Appeal and in leave to appeal proceedings to the Supreme Court of Canada in the successful defence of a statutory appeal by O’Chiese First Nation of regulatory permitting of natural resource projects granted by the Alberta Energy Regulator.
- Toronto Dominion Bank before the British Columbia Court of Appeal in a judicial review and statutory appeal of decisions taken by the British Columbia Commissioner of Income Tax and the Minister of Finance in respect of an annual corporate tax return.
- TransAlta Corporation with respect to its defence in the first contested enforcement proceeding brought by the Market Surveillance Administrator of Alberta, which included an oral hearing before the Alberta Utilities Commission.
- A financial advisory services firm in a confidential arbitration arising from a unanimous shareholders agreement.
Latest Insights
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Osler Update May 2, 2024
Amendments to Impact Assessment Act released – triage or major surgery?
The Canadian federal government has released draft amendments to the Impact Assessment Act responding to the October 2023 constitutional reference.
Read more
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Osler Update Jan 24, 2024
Nunavut to take control of Crown land within territory following devolution agreement with Canada
Last week, the federal government agreed to transfer control of Crown lands in Nunavut to the territory by April 2027. We look at the history of devol...
Read more
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Osler Update Dec 11, 2023
Energy transition ushers in compensation claims for shifting land use plans
Energy transition has led to an inevitable shift in government land use plans.
Read more
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Osler Update Nov 20, 2023
Canada, B.C. and First Nations Leadership Council sign agreement on conservation and land management
Earlier this month, Canada, British Columbia and the First Nations Leadership Council signed a new non-binding agreement establishing an approach to c...
Read more
Awards and Recognition
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Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Aboriginal Law
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Best Lawyers: Recognized as “One to Watch” in Aboriginal Law
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Law Foundation/David Strong Leadership in Legal Studies Award
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Professor Jim Ellis Memorial Prize in International Law
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Jim Ellis International Law Mooting Award
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Arthur Close, QC Prize in Advanced Legal Research
Media Mentions
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Media Mentions Nov 21, 2023
Stay in your lane: breaking down the Supreme Court of Canada’s Bill C-69 ruling and what it means for Canada – The Brief
In a recent episode of The Brief podcast, Sean Sutherland, partner in Osler’s National Litigation Group, offers expert commentary and insight into the...
Read more -
Osler News Feb 16, 2023
Osler welcomes 10 new partners and two new counsel in 2023
Osler is proud to announce the addition of 10 new partners and two new counsel across four of our offices, effective March 1, 2023.
Read more -
Osler News Dec 4, 2020
Osler advises on three of Lexpert’s Top 10 Cases of 2019-2020
Osler is pleased to announce it has been recognized in three of Lexpert’s Top 10 Cases of 2019–2020 and has also received an honorable mention.
Read more -
Osler News Jul 2, 2020
Significant win at the Supreme Court of Canada: Leave to appeal Trans Mountain Pipeline decision denied
On July 2, 2020, the SCC denied leave to appeal the February 2020 judgment of the FCA in the Trans Mountain Pipeline Expansion Project matter.
Read more
Community Involvement
Sean maintains an active pro bono and community law practice with an emphasis on appellate litigation, including:
- Successfully representing the Appellant at the Supreme Court of Canada in Pintea v. Johns, 2017 SCC 23
- Representing an Intervenor at the Supreme Court of Canada in Frank v. Canada (Attorney General), 2019 SCC 1
- Working with counsel for the Intervenor Canadian Civil Liberties Association at the Court of Appeal of Alberta in Pridgen v. University of Calgary, 2012 ABCA 139
Speaking and Writing
Speaking Engagements
Indigenous Law Insights: Determining decisionmakers for Indigenous consultation purposes
Read moreIndigenous Law Insights: Placing an on-reserve business into receivership and contracting with First Nations
Read moreIndigenous Law Insights: B.C.’s first consent-based decision-making agreement and interlocutory injunctions supporting Indigenous claims
Read morePublished Work
Presentations:
- “2019: Regulatory and Litigation Year in Review for Energy and Environmental Lawyers’, Canadian Bar Association (Alberta) – Environmental Law Section, Calgary, Alberta, January 13, 2020 (co-presenter with Sander Duncanson)
- “Recent Developments and Cases to Watch in 2019”, Canadian Bar Association (Alberta) – Environmental Law Section, Calgary, Alberta, March 4, 2019 (co-presenter with Maureen Killoran, QC)
- “Injunctions and Blockades in relation to Resource Projects”, Canadian Bar Association (Alberta) – Aboriginal Law Section, Calgary, Alberta, February 13, 2019 (co-presenter with Maureen Killoran, QC and Shaun Parker)
- “Indigenous Rights in Regulatory Decision-Making”, Canadian Bar Association, National Webinar, October 16, 2018 (co-presenter with Robert Janes, QC, Maureen Killoran, QC and Sara Mainville)
- “The limits of provincial jurisdiction for federal pipelines”, Canadian Bar Association (Alberta) – Natural Resources Law Section, Calgary, Alberta, May 9, 2018 (co-presenter with Maureen Killoran, QC)
- “The Duty to Act Honestly: Considerations for Business”, Canadian Bar Association (Alberta) – Business Law Section, Calgary, Alberta, January 22, 2015
- “Alberta Court gives Cabinet 10 days to decide on oil sands project”, Osler Update, March 2, 2020 (with Sander Duncanson, Maureen Killoran, QC and Luke Stretch)
- “Supreme Court Majority alters framework for judicial reviews and statutory appeals”, Osler Update, December 20, 2019 (with Maureen Killoran, QC, Tommy Gelbman and David Rankin)
- “Resource projects and Indigenous consultation – What is best practice after a year of uncertainty?”, Osler Legal Year in Review, December 18, 2018 (with Shawn Denstedt, QC, Maureen Killoran, QC and Brad Wall)
- “Supreme Court creates uncertainty in finding no duty to consult during the law-making process”, Osler Update, October 11, 2018 (co-author with Maureen Killoran, QC, Tommy Gelbman and Carson Wetter)
- “Divided Supreme Court suggests standard of review framework is unsettled”, Osler Update, July 21, 2018 (co-author with Tommy Gelbman and Devin Aman)
- “Federal Court of Appeal upholds Canada’s post-Northern Gateway consultation process”, Osler Update, May 16, 2018 (co-author with Maureen Killoran, QC and Olivia Dixon)
- “First Nation denied injunction based on prejudice to corporate respondent”, Osler Update, May 2, 2018 (co-author with Maureen Killoran, QC, Tommy Gelbman and Komal Jatoi)
- “Appellate Court Splits On Evidentiary Threshold For Certification”, Canadian Class Action Defence Blog, October 6, 2016 (co-author with Tristram Mallett)
- “Consumer Protection And Misrepresentation: Hurdles For In-Store Sales”, Canadian Class Action Defence Blog, June 25, 2015 (co-author with Tristram Mallett and Kelly Osaka)
- “Appeal Court Overturns Order That Province Pay Damages to Timber Company over Aboriginal Road Blockade”, Osler Update, May 9, 2015 (co-author with Tommy Gelbman and Thomas Isaac)
Publications:
Credentials
Education
- University of Victoria, J.D.
- University of Calgary, B.A. (Political Science) (with Distinction)
Languages
- English
Professional Affiliations
- Law Society of Alberta
- Law Society of British Columbia
- Canadian Bar Association
- Calgary Bar Association
- The Advocates’ Society
- Young Canadian Arbitration Practitioners
