Graham McLennan, Q.C., ICD.D

Graham McLennan, Q.C., ICD.D: Attorney with McLennan Ross LLP

Biography

A senior partner with McLennan Ross, Graham has assisted clients to resolve all types of civil claims. Graham has focused on commercial litigation, including class action proceedings, professional liability claims against accountants and construction litigation.

Based in Edmonton, Alberta, Graham conducts cases in Edmonton, Calgary, British Columbia and Ontario.

Graham has appeared before all levels of Court in Alberta, the B.C. Supreme Court, the Ontario Court of Justice, the Northwest Territories, as well as the Federal Court, the Federal Court of Appeal, and the Supreme Court of Canada. He has also appeared as counsel before the National Energy Board, the Land Compensation Board, and numerous other tribunals.

Graham has participated in many mediations and arbitrations, and has resolved many disputes with these alternative dispute processes.

Awards and Recognition:

•Judicial Edition AV Preeminent Rating, Rated by Peers and the Judiciary, Martindale-Hubbell
•Commercial Litigation, Who's Who Legal- Compendium Edition
•Appellate Practice, Class Action Litigation, and Corporate and Commercial Litigation, Best Lawyers in Canada
•Commercial Litigation, Who's Who Legal: Litigation
•Class Action Litigation, Canadian Legal Lexpert Directory
•AV Distinguished Peer Review Rating, Martindale-Hubbell
•Queen's Counsel, 2008

Professional Liability

•Representing a number of partners of Coopers & Lybrand in the Castor Holdings litigation; this litigation involves several multiparty actions that are case managed in Quebec - the plaintiffs are advancing claims totalling $1.6 billion.
•Lead counsel to the auditors of Poseidon Concepts Corp. (Poseidon) in a shareholder class action claim in Alberta for $650 million, as well as related actions filed in Alberta, Ontario, Quebec, and New York, including CCAA proceedings.
•Lead counsel to auditors in a $320 million claim and related regulatory and CCAA proceedings
•Assisting a big-four accounting firm in connection with a regulatory investigation into a public company for which they provide forensic services to the Audit Committee of the Board of Directors.
•Counsel to national and regional accounting firms and individual accountants with respect to defence of professional discipline charges brought against them by the Complaints Inquiry Committee of the Chartered Professional Accountants of Alberta.
•Counsel to national accounting firms in connection with Ontario, Alberta, British Columbia, and New York litigation in connection with primary and secondary market claims for misrepresentation pursuant to the Securities Act.
•Co-counsel on a $63 million action brought against a national firm in connection with audit and compilation engagements for a public company.
•Counsel to a national accounting firm in an action alleging negligence in failing to advise of non-resident withholding tax in a review engagement.
•Counsel to non-party national firms on applications seeking the accountants working papers by one or more parties to disputes.
•Counsel to a firm in an application demanding examination for discovery of an accountant and related working papers by a party to a commercial dispute in the United States.
•Counsel to a national accounting firm regarding allegations of negligent advice given in respect of an income tax rollover transaction.

Class Actions

•Castor Holdings
Representing a number of partners of Coopers & Lybrand in the Castor Holdings litigation; this litigation involves several multiparty actions that are case managed in Quebec. The plaintiffs are advancing claims totalling $1.6 billion.
Poseidon Concepts Corp.
Lead counsel to the auditors of Poseidon Concepts Corp. (Poseidon) in a shareholder class action claim for $650 million, as well as related actions filed in Alberta, Ontario, Quebec, and New York.
Doris Bird v. Blott & Associates et al.
Representing one of the Defendants in this proposed class action on behalf of a number of residential school claimants - the action has not yet been certified.
L'Hirondelle v. Medicentres
An $11-million class action lawsuit has been filed over a missing laptop containing personal and health information of 620,000 Albertans. The lawsuit alleges Medicentres failed to protect private information and was negligent in taking more than four months to inform the public about the privacy breach. Counsel to AbleIT, who employs the IT consultant who lost the unencrypted laptop.
Alexander et al v. HMS
Represented the Plaintiff class who suffered losses as a result of a fraudulent investment scheme. Recovered several million dollars for the benefit of the Plaintiff class member investors.
Betthel et al v. Lord Conrad Black
Represented one of the Defendants in connection with this class action. The action was brought in Saskatchewan, as well as Ontario. The allegations by the Plaintiffs were that Lord Black and Hollinger engaged in a number of transactions which were improper and operated to the prejudice of the shareholders of Hollinger.
Delf v. Merit Energy
This was a class action brought in Alberta, Ontario, and British Columbia. The Ontario and B.C. actions were stayed. Represented the auditors of Merit Energy, a public oil and gas company that had become insolvent. The action proceeded in Alberta and was “certified” even before the Alberta Class Proceedings Act. The action was settled after examinations for discovery and a lengthy mediation process. The Alberta settlement, approved by the Court, was affirmed by Court Order in the class actions that had been commenced in Ontario and British Columbia.
Anderson v. Pan-Alberta Gas/NOVA
The action was brought on behalf of large gas producers against Pan-Alberta Gas, a subsidiary of NOVA, whom we represented. The allegation was a breach of fiduciary duty on behalf of Pan-Alberta Gas, a gas aggregator, and damages claimed were in the tens of millions of dollars. On behalf of the Defendant, Pan-Alberta Gas, we successfully applied to have the action converted into a class action, over the objections of the Plaintiffs. The action was settled shortly after this application.
Tracy v. Instaloans
We represented the Defendants in these multi-party class actions filed in British Columbia, Alberta and Ontario. The claims were in excess of $60 million. The final Class Action in BC was settled in 2015-2016.

Commercial Litigation

•Advised a petrochemical producer who was in a dispute with a joint venture partner regarding contractual arrangements with respect to the operation of a pipeline.
•Represented a major gas marketer/aggregator in a claim against its auditors as a result of a $75 million foreign exchange loss; the claim was ultimately settled prior to trial to the satisfaction of our client.
•Advised a petrochemical producer with respect to underground ethylene storage facilities.
•Counsel to a pipeline company in defence of an action regarding the operation of a natural gas aggregator subsidiary.
•Counsel to owner of a power generation facility in commercial arbitration regarding the failure of an industrial gas turbine.
•Counsel to broker/banking institution regarding securities transactions involving the public company, Fracmaster.
•Counsel to a telephone utility in an arbitration regarding compensation payable under a contract between our client and another telephone utility.

Construction

•Represented EPC contractor in connection with a commercial arbitration regarding non-payment by the owner of an $85,000,000 pipeline terminal expansion project.
•Represented the Province of Alberta in a $150,000,000 commercial arbitration against EPC contractors regarding a roadway infrastructure project.
•Represented contractor in connection with non-payment by the owner on $85,000,000 pipeline terminal expansion project.
•Represented a contractor who was alleged to have responsibility for defective anti-corrosive coating on an underground sewer line that was delaminating from the concrete pipe. After consulting with experts and discussions between clients, the problems were resolved by cost sharing amongst all parties to the dispute to correct the problem.
•Represented a horizontal directional drilling company in pursuing claims arising from failed or delayed drilling projects. The projects in question range from relatively small water line road crossings to oil and gas pipeline crossings of major bodies of water.
•Represented the owner of a cement manufacturing facility in an action against the project engineers. Slopes of the cooling ponds were unstable and continued to fail. The dispute was resolved with satisfactory payments received by our client and corrective measures taken to stabilize the slopes.
•Represented the owner of an industrial plant when cost overruns with respect to a major expansion were incurred. The action against the mechanical contractor, as well as the engineers on the project, was successful resulting in satisfactory compensation being made to the owner.
•Represented a general contractor in connection with the failure of concrete slabs after construction of warehouse facilities.
•Represented a cement/concrete company that provided no-slump concrete to a piling contractor on a large commercial site. Litigation was commenced by the general contractor against the concrete supplier, the engineers, and the piling contractor. The claim was resolved to the satisfaction of our client after mediation.
•Represented a chemical plant operator in a dispute with the EPC contractor on cost overruns relating to major rebuilding of a sodium chloride plant.

Other Experience

Constitutional Litigation:

•Villetards v. Canadian Egg Marketing Agency

Represented the Plaintiff in a constitutional challenge to the national egg marketing scheme. After trial and the Court of Appeal, this action ultimately went to a full panel of the Supreme Court of Canada.
•Represented the Province of Alberta exploring all constitutional or other bases upon which Alberta could oppose ratification and implementation of the Kyoto Treaty.
•From time to time, Graham acts as Expropriation Inquiry Officer appointed by the Province of Alberta.

Business Experience

Graham has been a director of private and public corporations, and always taken an interest in business ventures. He is the founding shareholder and officer of two leasing companies, a property development company, and has been involved in several other investments over the years, which has provided him with business experience.

Presentations

• Using the Companies' Creditor Arrangement Act to Settle Class Actions , 2015 Canadian Institute Class Action Forum Seminar
•“New Rules of Court”, Legal Education Society of Alberta
•“Civil Litigation Boot Camp”, Legal Education Society of Alberta

Graham has also been an invited speaker to the Canadian Institute and Osgoode Law School on the subject of class actions, as well as the intellectual property, municipal, construction law and insurance sections of the Canadian Bar Association.

Publications

• Auditor Independence and Unpaid Fees , Graham McLennan, Q.C. and Clarissa Dhillon, McLennan Ross Legal Counsel Newsletter, 2016
• Protect Your Organization in the Event of a Data Breach , Graham McLennan, Q.C. and Stuart Chambers, McLennan Ross Legal Counsel Newsletter, 2016
• Limitations on an Auditor's Duty of Care , Graham McLennan, Q.C., ICD.D and Kate Whittleton, McLennan Ross Legal Counsel Newsletter, 2016
• Using the Companies Creditors Arrangement Act to Settle Class Actions: Lessons of Sino-Forest , Graham McLennan, Q.C., ICD.D and Clarissa Dhillon, Class Actions Forum West, 2015
• New Duty of Honest Performance , Graham McLennan, Q.C., ICD.D and Jessica Proudfoot, McLennan Ross E-Mail Alert, 2014
•“Ontario Court of Appeal Rules On Limitation Periods For Securities Class Actions ”, Graham McLennan, Q.C., ICD.D and Clarissa Dhillon, McLennan Ross E-Mail Alert, 2014
•“Alberta's New Rules of Court”, McLennan Ross Legal Counsel Newsletter, 2010

•“To Speak or Not to Speak”, McLennan Ross Legal Counsel Newsletter

Graham has also written articles for the Canadian Bar Association mid-winter meeting, CA Magazine, Canadian Bar Review and others.

Areas of Practice (5)

  • Aboriginal Law
  • Construction
  • Class Actions
  • Litigation
  • Professional Liability

Education & Credentials

Contact Information:
780.482.9221  Phone
www.mross.com
University Attended:
University of Calgary, B.A.; Rotman School of Management, ICD.D.
Law School Attended:
University of Alberta, LL.B.
Year of First admission:
1983
Admission:
1983, Alberta
Memberships:

Professional Associations, Affiliations and Community Activities

•Institute of Corporate Directors, Institute-certified Director, ICD.D
•Director, Art Gallery of Alberta
•Representative and Member of Major Donor Cabinet, McLennan Ross, United Way
•Volunteer Coach, basketball, baseball and soccer, 10 years +
•Founding Committee Member, University of Alberta Pandas basketball program
•Governor, Legal Archives Society of Alberta
•Director, Trout Unlimited Canada
•Dinner Organizing Committee, Trout Unlimited Canada, Edmonton

ISLN:
904927335

Peer Reviews

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Edmonton, Alberta

  • Edmonton, AB
    600 McLennan Ross Building , 12220 Stony Plain Road
    Edmonton, AB T5N 3Y4
    Canada

    780.482.9221 Phone

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