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Scott C. Chimuk

Contact
T   (403) 513-2637 
F   (403) 266-6016
E   scottchimuk@burstall.com

Legal Assistant
Lindsay Knapton
T   (403) 513-2626
E   temp1@burstall.com

PARTNER

Practice Areas

Shareholder and Contractual disputes
Financial Disputes
Commercial Litigation
Energy
Construction
Employment

Biography

Scott is a Partner at Burstall LLP and is head of their commercial litigation practice group. The core of Scott’s practice is solving sophisticated commercial problems.  Often times these problems range from shareholder and contractual disputes, financial disputes, construction, and employment matters.   Many of these issues arise specifically in relation to the energy industry.

Scott’s focus from inception is to achieve timely and cost effective resolutions while at the same time always being prepared to litigate matters through to trial.  Versatile, creative, and diligent, Scott adeptly adjusts his strategic formulations to solve problems as they arise.

Scott’s practice also has a significant regulatory element as he has been counsel in a series of arbitrations and related court proceedings involving electric distribution systems, has assisted in anti-corruption investigations and has conducted multiple regulatory trials before the courts.

Scott has appeared as lead counsel and as co-counsel in numerous trials and arbitrations.  He has also participated in a variety of alternative dispute resolution processes, including complex, multiparty mediations and arbitrations.

Career Highlights

Defended multiple construction disputes involving the “The Bow Tower”, including acting as lead trial counsel in defending an $8,035,620.64 action against the owner by the millwork contractors.

Lead trial counsel in successfully defending an action in which the former directors and officers of a co-op were sued for $2.4 million.   In addition to successfully defending the directors and officers, was also successful in obtaining an award of 5 times column 5 costs for the successful defense.

Lead trial counsel in defending a corporation through to trial wherein an allegedly defective fire alarm system allegedly contributed to a fire causing over $50 million in damages at a condominium complex in Fort McMurray.

Co-counsel in a 3 week arbitration to determine the terms of an Integrated Operations Agreement between an electric distribution company and a rural electrification association.

Decisions

Sobeys Capital Incorporated v Whitecourt Shopping Centre (GP) Ltd, 2018 ABQB 517 (CanLII) — 2018-07-06

Architectural Millwork & Door Installations Inc v Provincial Store Fixtures Ltd, 2018 ABQB 323 (CanLII)

Steer v Mawji, 2017 ABQB 762 (CanLII) — 2017-12-08

Architectural Millwork & Door Installations Inc. v. Provincial Store Fixtures Ltd., 2017 ABQB 390 (CanLII), June 16, 2017

Candyne Pump Services Inc. vs. Omega Manufacturing Corp., Charles Curtis and Gerald Hipple, 2017, unreported

Travis v. D & J Overhead Door Ltd., 2016 ABCA 319 (CanLII), October 2016

Tahir v. TD Insurance Direct Agency Inc., 2016 ABPC 126 (CanLII), June 2016

Darrell Smith and Christine Smith v. Madison Park Custom Homes Ltd., 2015, unreported

The Blood Reserve School Bus Co-op Limited, et al. v. Lester Tailfeathers, et al., 2015, unreported

R v. Shelter Canadian Properties Limited, 2015, unreported

R v. Shelter Canadian Properties Limited, 2014, unreported

Central Alberta Rural Electrification Association Ltd. v. FortisAlberta Inc., 2013 ABQB 191 (CanLII), March 2013

College of Physical Therapists of Alberta v. 931715, 2012 ABPACA 2 (CanLII), December 2012

Contract Policy Committee v. FortisAlberta Inc., 2012 ABQB 653 (CanLII), October 2012

Piikani Nation v. Piikani Energy Corporation, 2011 ABQB 450 (CanLII), July 2011

ING Insurance Company of Canada v. Manuel, 2008 ABCA 201 (CanLII), May 2008

CBC v. Attorney General for Manitoba et al., 2007 MBQB 278 (CanLII), November 2007

Kevin Drew Lumsden v. The Government of Manitoba, 2007 MBQB 227 (CanLII), September 2007

Manseau & Perron Inc v ThyssenKrupp Industrial Solutions (Canada) Inc, 2018 ABQB 949

Kulhawy v Commerx Holdings LLC, 2018 ABQB 986 (CanLII) — 2018-12-04

Publications

“After the Wave Break: D&O Liability and the Impact of Statutory Secondary Market Actions”, July 2016, rmc-agr.com, Co-Author
“Canada: Revenge Porn: Ontario Court Strikes Back”, May 2016, Mondaq.com, Lead Author
“Certainly Uncertain: Appeal Court Voids Kitchen Table Deal”, April 2016, Mondaq.com
“Canada: A Year Later: Judicial Interpretation Regarding Advanced Payments”, March 2016, Mondaq.com
“One principle to rule them all: good faith and the relationship between insurers, assureds and counsel”, September 2015, RMC AGR, Lead Author
“An insured by any other name”, August 2015, RMC-agr.com, Lead Author
“Defining limits of the ‘regulatory compact’, March 2015, The Lawyers Weekly.
“Regulated utilities have an opportunity, but not a right, to recover costs”, December 2014, Mondaq.com.
“Court of Appeal authorizes advance payment pursuant to Alberta Insurance Act”, November 2014, Mondaq.com.  – Quoted in the Financial Post, December 1, 2014.
“Only insurers barred from subrogation”, July 2014, Mondaq.com.
“Alberta increases fines for safety violations”, February 2013, Mondaq.com.
“Status of Farm Income Stabilization Programs in Bankruptcy” (co‑author), (2006) 21 N.C.D. Rev. 38.

Education

Queen’s International Study Centre in Herstmonceux, England, 2000
Bachelor of Arts, Political Science (Honors) Queen’s University 2002
Bachelor of Laws, University of Manitoba 2006
Called to the Manitoba Bar 2007
Called to the Alberta Bar 2008
D’Arcy McCaffrey Q. C. Memorial Award for highest standing in Advanced Advocacy 2006
Honorable Mr. Justice Hudson Prize for Highest standing in Jurisprudence 2006
Solomon Greenburg Advocacy Finalist 2005

Affiliations

Calgary Bar Association
Manitoba Bar Association
Canadian Bar Association
Various University of Calgary Moot Competitions the McGillivary Moot and the Trail Advocacy Course and American Bar Association Negotiation Competition, Judge
Calgary Bar Association Mentor
Insurance Brokers Association of Alberta, Accreditation Course “Understanding the SEF # 44 Family Protection Endorsement” Calgary April 11, 2012 and Edmonton April 18, 2012 Instructor
Roger’s Insurance Ltd. Accreditation Course “Understanding the SEF # 44 Family protection Endorsement” Calgary, September 26 and 27 2012, May 5, 2015 Instructor
Law Society of Manitoba Elected Articling Student Bencher
Calgary Bar Association Insurance Section Presentation, January 18, 2015

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