Background

Josef Krüger is a partner at our Calgary office. He commenced articles in December 1980, was admitted to the Bar in South Africa in 1983 and practiced as a barrister at the Johannesburg Bar until 1998. He joined Howard Mackie in Calgary in 1998, and is a member of the Alberta Bar. Josef was appointed Queen's Counsel in 2010. Up until July 2011, he was the Regional Manager of the Commercial Litigation Group.  He is now a member of the firms’ National Council.

Areas of Practice

• Bankruptcy and Insolvency
• Commercial Litigation
• International Arbitration

Rankings and Recognitions

• Selected by peers for inclusion in The Best Lawyers in Canada 2012 (Insolvency and Financial Restructuring)
• Martindale-Hubbell BV Peer Review Rating
• Appointed to the Insolvency Institute of Canada in 2010
• Recognized in Who's Who Legal: Canada 2011 (Insolvency & Restructuring)

Professional Experience

Josef has 30 years experience in commercial litigation and insolvency law. He is a veteran of more than 300 trials and arbitrations. He has extensive experience arguing matters on appeal.

He has acted in numerous insolvency and bankruptcy proceedings, including cross-border restructurings. His experience in this area includes:

• Counsel for the Debtors in the restructuring proceedings of Canadian Superior Energy Inc. and Darian Resources Ltd.. In both proceedings, creditors were paid the full amounts of their claims and equity for shareholders was preserved;
• Counsel for the Monitor in the cross border restructurings of Mirant Corporation, Calpine Corporation, and SemGroup LP; Counsel for the Monitor in Smokey River Coal Limited, Gauntlet Energy Corp., and Victoria Park LP;
• Counsel for the Receiver in the Receiverships of Smokey River Coal Ltd., Integra Investments Limited, Hartland Pipeline Services Ltd., CanEnerco Limited, Kalta Energy Corp. and Victoria Park LP;
• Counsel for the Purchaser in the restructurings of Meadow Lake Pulp Mill and Ramparts Energy Ltd.;
• Counsel for creditors in the restructuring of Liberty Oil & Gas Limited, K2 Developments Limited, Tirecraft Group Inc., Nevada Bob's Golf Inc., Enron Canada, Chauvco Resources International Ltd., Bearcat Explorations Ltd. and Stampede Oils Inc.;
• Counsel for insolvent corporations in the restructuring of Blue Range Corp., Canadian Superior Energy Inc., Darian Resources Ltd. and Goldray Inc.

He has been lead counsel in trials and arbitrations in the fields of corporate and shareholder disputes, banking, insolvency, engineering, oil and gas, contractual, patent and seismic data disputes

His experience also includes:

• Oil and gas litigation
• International arbitrations
• Presiding as arbitrator in commercial disputes
• The unraveling of international commercial frauds and the recovery of assets across borders
• Mareva injunctions and Anton Pillar orders
• International building and engineering disputes
• Defending auditor's liability claims
• Patent disputes

Professional and Community Activities

• 1981 – 1983: Part time lecturer in commercial law subjects, University of Potchefstroom
• 1983 – 2005: Member of the Johannesburg Bar
• 1996 – 2000: Member of the panel of arbitrators (commercial disputes) of the Arbitration Foundation of South Africa
• 1999 – Present: Member of the Alberta Bar
• 2000 – Present: Member of the International Bar Association and Senior Vice Chair of the Section on Insolvency, Restructuring and Creditors Rights
• 2000 – Present: Member of the Canadian Bar Association, and past Chair of the Alberta South Insolvency Section
• 2002 – Present: Member of the American Bar Association, INSOL, CAIRP and the Turnaround Management Association
• 2010 – Present: Member of the Insolvency Institute of Canada