Garrett Finegan

Garrett maintains a general litigation practice, with extensive experience in energy and oil & gas disputes, expropriation matters, construction disputes, shareholder and corporate governance disputes, insolvency disputes and general contractual and tort disputes.

In the area of energy and oil & gas, Garrett’s experience includes disputes related to:

• The interpretation and implementation of purchase and sale agreements, project development agreements, joint venture/operating agreements, and construction, ownership & operatorship agreements;
• Environmental indemnities and liabilities;
• Freehold leases, including lease termination and top lease disputes;
• Operatorship of jointly owned assets;
• Assignment, novation, rights of first refusal and consents;
• Production and royalty accounting; and
• Abandonment and reclamation obligations.

In the area of expropriation, Garrett’s experience includes:

• Pre-expropriation negotiations with expropriating authorities to avoid expropriations and/or minimize their impact;
• Maximizing compensation and protecting owner’s rights in proceedings before the Land and Property Rights Tribunal, including for takings of commercial property, developer-owned vacant land, residential homes, apartment complexes, and agricultural land; 
• Disputes regarding whether the government’s use of regulatory powers has unreasonably impaired a landowner’s use and enjoyment of property, giving rise to compensation for “de facto” or “constructive” expropriation; and
• Recovering owner’s legal and expert costs arising from expropriations. 

In the area of construction, Garrett’s experience includes disputes related to:

• Cost overruns, delays and construction deficiencies in relation to major infrastructure projects, and commercial and residential developments;
• Professional negligence claims against builders, engineers and architects;
• Stormwater management, and water treatment and wastewater systems; and
• Building envelope failures and other latent defects.

In the area of shareholder disputes and corporate governance, Garrett’s experience includes disputes related to:

• Oppression and derivative actions;
• Plans of arrangement;
• Convertible debenture rights;
• The interpretation and implementation of unanimous shareholder’s agreements;
• Contested shareholders’ meetings; and
• Director and officer liability.

In the area of bankruptcy and insolvency, Garrett’s experience includes:

• Disputes related to priority over the assets of an insolvent person or entity;
• Disputes related to environmental liabilities in insolvency; 
• Disputes related to fraudulent preferences and conveyances; and
• Advising trustees, receivers and monitors regarding sales processes, liquidations and restructurings.

Garrett also has broad experience assisting clients with varied commercial disputes related to breaches of contracts, including franchise agreements, and in relation to negligence and nuisance claims.

Garrett has represented clients in proceedings before all levels of court in Alberta, and before the Land and Property Rights Tribunal.

Garrett summered and articled with BLG.