Fred also has over 20 years experience in aboriginal law, including development and land claims matters, and has acted as counsel for First Nations throughout Western Canada and for the Department of Justice (Canada) and Department of Indian Affairs. In the past, his practice has included criminal prosecution and defence including major conspiracies and wiretap prosecution.
Fred recently completed the LLM in Family Law program at Osgoode Hall and concentrates on the special issues involved in high value family law matters including the resolution of issues in closely held corporations, family businesses and family trusts.
Fred’s contributions to the practice of law in Alberta have been recognized by his being appointed a director of the Legal Aid Society of Alberta (2003-2008), appointed as Queen’s Counsel in 2006, and three times elected as a Bencher (director) of the Law Society of Alberta for three year terms in 2009-2011, 2012-2014 and 2015-2017.
Fred is an instructor for the Bar Admission Course. He is past president of the Edworthy Park Heritage Society, where, in 2003, he won the Calgary Award for Environmental Excellence.
Awards and Recognition:
•Bencher of the Law Society of Alberta
•Queen’s Counsel, 2006
• People Always Told Me, Be Careful What You Do: Wills and Dependency Legislation, Fred Fenwick, Q.C. and Andrea MacLean, LawNow, 2017
• Valuation Issues In (And Out Of) Litigation, McLennan Ross Legal Counsel Newsletter, 2012
•Aboriginal Law Columnist, Law Now Magazine, 1998-2008
• Professional Conduct and Discipline Be Very Careful, Criminal Law, Regulation & Enforcement, 2007
• Resolution of Past Grievances in the Context of New Developments (Carrier Sekani), Insight Aboriginal Oil and Gas Forum, Edmonton, AB, December 7, 2010
• Update on Consultation Litigation: Developments in Canada, Conference Board of Canada, Fort McMurray, AB, May 27, 2009
• A New Business Climate: Consultation and Best Practices, Fred R.Fenwick and Sandra Gogal, Canadian Counsel of Aboriginal Business, Calgary, November 24, 2008
• Alberta Royalty Review and Framework - Considerations for First Nations, Insight Aboriginal Oil and Gas Forum, Edmonton AB, April 28 & 29, 2008
• Thoughts on the Evolution of the Alberta Consultation Guidelines, Insight Aboriginal Oil and Gas Forum, Edmonton, AB, April 28 & 29, 2008
Prior to his election as a Bencher, Fred acted in defense of lawyers charged with professional misconduct as well as realtors, chiropractors, and accountants.
Currently as a Bencher of the Law Society, Fred sits as a Hearing and an Appeal Committee member on disciplinary matters relating to lawyer misconduct and is familiar with the conduct of administrative and disciplinary hearings.
As part of Fred’s corporate shareholder and family law practice, he has dealt with the evolution of the control, evaluation, and break up of family owned businesses and professional practices (legal, accounting, medical, dental, architecture).
Fred has successfully represented clients making claims against professionals in estates, wills and trusts and personal injury matters.
Fred’s family law practice includes tracing and valuation of family assets including:
•Valuation and transition of family corporations
•Spousal and child support in high net-worth cases
•Valuation of professional practices
•Pension and investment income and assets
Although most of these cases start out as Court cases and stay in Court for early stages such as pleadings and document disclosure, the vast majority of cases are resolved by agreement and often with the assistance of various Alternate Dispute Resolution ( ADR ) methods. The flexibility and confidentiality of ADR makes it uniquely suitable for the resolution of family corporate issues.
McLennan Ross and Fred together are uniquely qualified for estate litigation.
McLennan Ross has a large Estates, Trusts & Taxation practice familiar with estate rules and processes which can function as a backup to estate litigation matters which themselves can become procedurally complicated.
Fred has tried contested dependent adult matters, variations of wills and trusts (including contested and incompletely drafted spousal trusts), the challenging of and replacement of personal representatives (executors) and has represented disappointed beneficiaries in claims regarding incompetently drafted wills.
Fred has practiced trial advocacy since 1980, now with an emphasis on civil matters including corporate and commercial litigation such as oil and gas disputes, shareholders disputes and the duties and responsibilities of corporate directors and officers. Of particular interest to Fred is assisting clients in shareholder issues involving closely held corporations and the important issues of transition of control and valuation of corporate assets. Fred has acted for both employers and employees in matters involving the dismissal of senior employees and complicated executive compensation schemes including the valuation and award of stock options and other flexible executive compensation.
•Munro v. Munro, 2011 ABCA 279
•B. Elizabeth Chipeur Professional Corporation v. Lui, 2010 ABCA 266
•1068823 Alberta Ltd. v. Mountain View Real Estate Inc., 2010 ABCA 84
•B. Elizabeth Chipeur Professional Corporation v. Lui, 2009 ABQB 53
•Do v. Nieswandt, 2009 ABQB 43
•ING Insurance Company of Canada v. Manuel, 2008 ABCA 201
•ING Insurance Company of Canada v. Harder, 2007 ABQB 63
•Beechinor v. Beechinor, 2005 ABCA 196
•Arjon Construction Ltd. v. McGregor Filtering Equipment (1974) Ltd., 1998 ABQB 132
•Three Point Oils Ltd. v. Glencrest Energy Ltd., 1997 ABCA 181
•Three Points Oils Ltd. v. Glencrest Energy Ltd., 1994 CanLII 9031 (AB QB)
•Shield v. Siksika Nation Indian Council Band No. 430, 1992 CanLII 6286 (AB QB)
•Sarton v. Fluor Canada Ltd., 1986 ABCA 111
•Hoffman v. Bank of Nova Scotia, 1985 CanLII 1271 (AB QB)
Professional Associations, Affiliations and Community Activities
•Elected Bencher of the Law Society of Alberta, 2008, 2011, 2014
•Access to Justice Committee
•Practice Review Committee
•Professional Responsibility Committee
•Member, Calgary Bar Association
•Director, The Ranche at Fish Creek Historical Restoration Society
•Past Member, City of Calgary Aboriginal Urban Affairs Committee
•Past Member, The Law Society of Alberta Practice Review Committee
•Past Member, The Law Society of Alberta Code of Professional Conduct Committee
•Past Director and Chair, Legal Aid Society of Alberta
•Past President, Edworthy Park Heritage Society
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