Jessica has successfully represented her clients’ interests before several environmental tribunals and all levels of Court in Alberta. Recently, she was a key member of a team which successfully defended two applications for leave to appeal to the Supreme Court of Canada.
More importantly, Jessica is a balanced and capable negotiator. She recognizes that litigation is not the answer for every dispute, or every client. Whether it be mediation, arbitration, or a phone call with opposing counsel, Jessica is always striving to find timely and cost-effective solutions suited to her clients’ specific needs.
• McLennan Ross Environmental Release Reporting Series Part 3: What to Expect After You Report a Release, Stuart Chambers and Jessica Proudfoot, McLennan Ross Legal Counsel Newsletter, 2016
• Province Cannot Abdicate its Decision-Making Powers to the NEB, McLennan Ross Email Alert, 2016
• McLennan Ross Environmental Release Reporting Series Part 2: Best Practices for Pre-Release Planning, Stuart Chambers and Jessica Proudfoot, McLennan Ross Legal Counsel Newsletter, 2015
• McLennan Ross Environmental Release Reporting Series Part 1: An Overview of Your Release Reporting Obligations, Stuart Chamber and Jessica Proudfoot, McLennan Ross Legal Counsel Newsletter, 2015
• How to Decide if Court of Queen’s Bench or Provincial Court is Best for Your Claim, Jessica Proudfoot and Sarah Levine, McLennan Ross Legal Counsel Newsletter, 2015
• New Duty of Honest Performance, Graham McLennan, Q.C., ICD.D and Jessica Proudfoot, McLennan Ross E-Mail Alert, 2014
• Provincial Court Expected to Increase Financial Limits, McLennan Ross E-Mail Alert, 2014
• Arbitrating Essential Terms of a Construction Contract, McLennan Ross E-Mail Alert, 2013
Jessica has an active civil litigation practice, focusing on environmental, contractual, commercial leasing and construction-related disputes. More particularly, Jessica’s practice includes:
•Recovery of unpaid invoices on behalf of contractors, small businesses, and aggregate suppliers.
•Representing residential and commercial landlords in recovery of unpaid rent and other commercial leasing disputes.
•Litigating disputes arising from alleged construction deficiencies in municipal, residential, and commercial projects.
•Advocating on behalf of landowners respecting the negligent construction and reclamation of pipeline infrastructure across their lands.
•Bringing oppression and related actions on behalf of distressed shareholders.
Jessica is also experienced in loan realization and creditors’ remedies.
Jessica’s clients appreciate her ability to push stagnant claims forward in a timely fashion. She has a keen eye for settlement opportunities, and always strives to provide her clients with the information and tools they need to efficiently drive their files to a cost-effective resolution.
Jessica’s construction clients count on her to provide no-nonsense, practical advice to resolve all manner of construction disputes. Jessica is well-versed in the Builders’ Lien Act, which she regularly utilizes to negotiate timely resolution of disputes. For example, Jessica recently leveraged a s. 33 Builders’ Lien Act application to secure a 1M payout directly from an oilsands owner-operator. In a matter of days she managed to negotiate a complex release between the owner-operator and contractor which resulted in her client, a local subcontractor, being paid promptly, and in full.
In addition to her own construction practice, Jessica works closely with some of our more senior practitioners, lending her document management, research, and briefing skills to provide our clients with cost-effective advice and representation. She has extensive experience managing large and technically-complex document productions for municipal, corporate, and utility clients.
Energy, Environmental & Regulatory
Whether it be a minor spill or a catastrophic process failure, natural resource clients require immediate and decisive legal action. Jessica’s commitment to promptly and efficiently respond to her clients’ needs means she is particularly well-suited to serve clients in the mining and natural resource extraction industries. Those same clients can also rely on Jessica to provide practical, no-nonsense advice on how to prevent and respond to future contraventions.
Some of Jessica’s recent experience includes:
•Assisting a municipality to respond to multiple appeals before the Environmental Appeal Board. Jessica assembled and coordinated a multi-disciplinary team of experts capable of responding to the various evidentiary issues brought forth by the appellants.
•Providing assistance and support to a major mining corporation undergoing an Environment Canada investigation. In doing so, Jessica provided on-site support to staff before, during, and after interviews with Environment Canada officers, and assisted with the recovery of privileged business records, seized pursuant to search warrants. As part of this task, Jessica collaborated with the client’s staff and experts to develop a comprehensive timeline of events relevant to the contraventions.
•Representing a waterworks operator subject to enforcement orders under the Environmental Protection & Enhancement Act and the Water Act. Jessica worked closely with the operator to bring its operations into compliance with provincial and federal regulations and guidelines.
•Providing a comprehensive opinion regarding potential common law and statutory liability under the Fisheries Act, Environmental Protection & Enhancement Act, Species at Risk Act and various provincial regulations for the purpose of informing a utility client’s maintenance and operations scheduling.
•Assisting various aggregate suppliers respond to enforcement orders and allegations of offenses and administrative penalties under the Water Act, the Environmental Protection & Enhancement Act and the relevant Codes of Practice for pit operators and outfall structures
•Providing advice and assistance to various suppliers and carriers respecting Alberta’s transportation regulations.
Professional Associations, Affiliations & Community Activities:
•Past-Chairperson of the Board, Student Legal Services of Edmonton
•Volunteer Coordinator, Edmonton Folk Music Festival
•Firm Coordinator, Pro Bono Alberta's Civil Claims Duty Counsel Project
•Firm Liaison, McLennan Ross United Way Committee
•Member of the Board, Shamrock Curling Society
•Class Facilitator, CPLED Negotiation Module
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