"Darren Reed is a top notch litigator, who is business-minded, practical, tough and whip smart." Legal 500
Darren has a wealth of experience in construction, product liability, class actions, cybersecurity, and securities litigation and dispute resolution. His practise also has a strong general commercial aspect, and he has litigated and arbitrated commercial real estate disputes in addition to many other types of commercial disputes. Darren has appeared as counsel before all levels of Court in Alberta, he has also appeared as counsel in the British Columbia Supreme Court, as well as the Federal Court of Canada, Darren also has appeared before the Alberta Securities Commission. Arbitration and mediations are also focal points of his disputes practice.
Darren is recognized by his clients and peers through Chambers, Lexpert, Benchmark Litigation, Best Lawyers, Thompson Reuters, and the Legal 500. He is also Chair of the Advocate’s Society Construction Law Practice Group for 2022-2023.
Darren is the Co-Author (along with Alberta Court of King’s Bench Justice Glen Poelman) of the Lexis Nexis textbook, Civil Procedure and Practice in Alberta, 2020-2023 Editions, a legal text that annotates Alberta’s Rules of Court and provides practice information.
Client Experience
Construction
Darren regularly represents owners, prime contractors and subcontractors construction disputes of all kinds, with a strong emphasis on large-scale complex projects.
- Part of a team of counsel in a C $1 billion dispute related to the construction of an oilsands facility, responsible for approximately $200 million worth of cross claims, which successfully resolved.
- Lead counsel to an engineering firm in two actions related to oilsands facility construction, with total claimed amounts being C$70 million, which successfully resolved.
- Lead counsel to a subcontractor on a C$20 million dispute related to major road construction in Calgary, Alberta, which successfully resolved.
- Lead counsel to the owner in a C$15 million dispute related to the alleged negligent construction of a potable water system, which successfully resolved.
- Lead counsel to an industrial coatings manufacturer related to an alleged materials failure in a pipeline project.
- Lead advising counsel to a partnership on procurement matters for a major Canadian pipeline construction project.
- Co-lead counsel in a C$40 million construction and builder’s lien dispute related to pipeline infrastructure.
- Co-lead counsel in an approximate C$500 million construction dispute related to a pipeline failure in Alberta.
- Lead counsel to a major Canadian construction company in an arbitrated purchase and sale dispute, which was successfully resolved.
- Co-lead counsel in a C$250 million construction dispute related to an oilsands project, which was successfully resolved.
- Co-lead counsel to a leading global EPC firm in several construction matters, total claimed amounts near C$100 million, one of which resulted in over three weeks of hearings and an award in favour of the client.
- Co-counsel to a materials supplier in a multi-party construction arbitration in which to the total claimed amounts are in excess of C$200 million, which resulted in over six weeks of hearings.
- Once of a team of counsel in a C$1 billion construction dispute relating to oilsands infrastructure.
- One of a team of counsel in a C$1 billion environmental arbitration and was personally responsible for management and bringing forward of approximately C$130 million of environmental claims.
- Lead counsel to an international supplier of propane relating to a corporate border sale dispute.
Class Actions
Darren acts as lead counsel to defendants in class actions in Alberta and elsewhere in Canada.
- Part of a team of counsel related to allegations of privacy breaches of medical and personal information arising from a cyber security breach.
- Lead co-defence counsel to a refiner/producer of fuel in a proposed class action in British Columbia, where summary judgment was granted in favour of the defendants.
- Lead defence counsel to a renewable power company in a proposed class action in Alberta which was dismissed.
- Lead counsel to a proposed class action for a mortgage investment company in Alberta, which was dismissed by consent.
- Alberta defence counsel in several multi-jurisdictional pharmaceutical and medical device class actions.
- Co-lead counsel on a securities class action, certified by consent (including claims of oppression), which settled and was approved by the court.
Commercial
- Lead counsel to a major oil and gas company in an arbitration relating to operation of an oil and gas facility, was successful and a full indemnity costs award was obtained.
- Lead counsel to a pipeline company on a variety of commercial matters.
- Lead counsel to a fuel refiner/supply company on a variety of commercial matters.
- Lead counsel to a medical device manufacturer in a C$12 million product liability dispute.
- Acted for a global lighting manufacturer related to an alleged bulb failure and related fire.
- Acted for several cannabis companies on commercial leasing disputes.
- Acted as lead Appellate counsel defending a leave to appeal application for a wind farm project, for which leave was successfully denied.
- Lead counsel in an arbitrated dispute amongst a power producer and major oil and gas producers which was decided in the clients' favour.
- Lead defence counsel to a major multinational manufacturing firm, a complex commercial dispute valued at approximately C$25 million that was successfully resolved prior to trial.
- Lead defence counsel to an international electronics manufacturer in several products liability disputes.
- Lead counsel to a group of investors resulting in a Business Corporations Act receivership and related proceedings.
Cybersecurity
Darren regularly acts as breach and litigation counsel to insurers and corporations in relation to complex cyber breach matters. Some representative matters are:
- Counsel to corporations affected by the 2021 Microsoft Exchange Server vulnerability breaches.
- Counsel to corporations experiencing active ransomware events.
- Counsel to a corporation which was the subject of a multilayered social engineering fraud/spear phishing breach.
- Counsel to a corporation which was the subject of an employee theft related data breach.
- Counsel to a corporation which was the subject of a complex email spear phishing breach.
- Counsel to a corporation which was affected by wire transfer fraud/system infiltration.
- Co-counsel in a cross-jurisdictional evidentiary dispute for a global oil and gas company related to a multi-billion dollar US class action.
Securities
Darren represents corporations and individuals in securities/corporate disputes, including matters before the courts and the Alberta Securities Commission.
- Lead counsel in a shareholder’s valuation dispute that went through a hearing to resolve the dispute.
- Part of a team of counsel and lead Alberta counsel to the applicant in an Alberta and Ontario Securities Commission proceeding seeking the Commissions to engage their public interest jurisdiction in relation to the assessment of a C$750 million transaction relating to power infrastructure.
- Counsel to a respondent in an Alberta Securities Commission proceeding investigating allegations of insider trading and market manipulation spanning several provinces.
- Lead counsel to certain defendants in a proposed C$60 million class proceeding related to a number of mortgage investment corporations, with an attendant derivative claim.
