Rodney A. Smith

Associé

Calgary

Rodney represents clients in a broad range of civil litigation and commercial arbitration matters.

Rodney’s practice primarily focuses on construction litigation and arbitration. He has represented owners, general contractors and subcontractors in disputes arising from large-scale construction and engineering projects. His experience includes cases involving contractual disputes, negligence, deficiency claims and delay claims. Rodney has also represented clients in a variety of commercial disputes, insurance defence and subrogation claims, municipal liability, and commercial real estate disputes. He also has extensive experience with intellectual property litigation, particularly with respect to copyright, trademarks and confidential information. Rodney is also a trademark agent.

Rodney has significant trial and appellate experience, appearing before all levels of court in Alberta, the Court of Queen’s Bench of Manitoba, the Court of Queen’s Bench for Saskatchewan, the Federal Court, the Federal Court of Appeal and administrative tribunals. He has also participated in a number of arbitrations, mediations and judicial dispute resolutions.

Rodney provides legal services through a Law Corporation.

Experience

  • Arbitration experience
    • Counsel for a construction manager in a dispute with the owner and a number of subcontractors arising from the construction of a large public infrastructure project in northern Alberta.
    • Counsel for the owner of a sulphur forming plant in an ICC arbitration involving a dispute with the EPC contractor over delay and deficiency claims.
    • Counsel for a general contractor in an ICC arbitration involving a dispute with the owner over the termination of a contract for the construction of mine infrastructure in northern Canada.
    • Counsel for a telecommunications company in a dispute over a commercial lease renewal.
    • Counsel for an EPC contractor in a dispute with the owner over the construction of a carbon capture plant.
    • Counsel for a general contractor involved in a dispute with the owner and a number of subcontractors arising out of the construction of an international airport terminal.
  • Litigation experience
    • Counsel for an architect in a dispute with the owner over the construction of a skyscraper in Calgary.
    • Counsel for an owner of commercial property in a dispute involving the trade fixtures; successfully obtained summary dismissal of the claim.
    • Counsel for a joint venture in a dispute with a utility company arising out of the construction of a major highway project.
    • Counsel for a contractor involved in a dispute arising from the design and installation of fuel tanks in the Northwest Territories.
    • Successfully applied to strike a claim for breach of contract on the basis of abuse of process and res judicata.
    • Successfully obtained a judgment for conversion and defended claims for malicious prosecution and defamation in a trial involving top fuel dragsters.
    • Successfully defended an electrical utility company in a trial involving a dispute over a construction contract.
    • Successfully defended a residential construction company in a trial involving a custom home construction contract.
    • Successfully obtained a judgment in a trial against a contractor for residential home construction deficiencies; decision upheld on appeal.
    • Representative reported decisions:
      • Pyrrha Design Inc v Plum and Posey Inc, 2022 FCA 7; successfully upheld trial decision dismissing claims for copyright infringement at trial.
      • Pyrrha Design Inc v Plum and Posey Inc, 2019 FC 129; successfully defended claims of copyright infringement at trial.
      • EllisDon Corp v Winnipeg Airports Authority Inc, 2018 MBQB 203; successfully advanced claims by a general contractor for payment of the outstanding contract balance and defended claims involving contractual set-off and interpretation of a CCDC contract at trial.
      • Pyrrha Design Inc v Plum and Posey Inc, 2016 ABCA 12; successfully obtained summary dismissal of an action for breach of contract; decision upheld by the Court of Appeal of Alberta.
      • Krieter v Alberta, 2014 ABQB 349; successfully applied to have an environmental claim against a municipality dismissed for long delay.
      • Westridge Utilities Inc v Alberta (Director of Environment, Southern Region), 2012 ABQB 681; co-counsel in a judicial review application upholding a decision of the Environmental Appeal Board.
      • Westridge Utilities Inc v Director, Southern Region, Environmental Management, Alberta Environment, re: Rocky View County (Nov. 30, 2011), Appeal No. 10-032-D (A.E.A.B.); co-counsel in a successful hearing before the Environmental Appeal Board to have an appeal under the Water Act dismissed.
      • Pat’s Off-Road Transport v Campbell, 2010 ABQB 443; co-counsel in a successful trial against a former employee for breach of confidence and fiduciary duty.
      • Stonetile (Canada) Ltd v Castcon Ltd, 2010 ABQB 392; co-counsel in a successful trial against a former employee for breach of confidence and fiduciary duty.

Beyond Our Walls

Professional Involvement

  • Member, Canadian Bar Association
  • Member, The Advocates’ Society
  • Member, Intellectual Property Institute of Canada (IPIC)
  • Member, Calgary Bar Association

Community Involvement

  • Volunteer, Legal Education Society of Alberta
  • Volunteer, CBA Mentoring Program
  • Volunteer, BLG Reads to Kids

Awards & Recognitions

  • Recognized in the 2022 edition (and since 2021) of The Best Lawyers in Canada (Construction Law)
  • Recognized in the 2022 edition (and since 2021) of Benchmark Canada as a Future Star

Bar Admission & Education

  • Manitoba, 2017
  • Alberta, 2009
  • J.D., Université de Calgary, 2008
  • M. Phil., Université de Cambridge, Emmanuel College, 2004
  • B.A. (with distinction), Université de Calgary, 2003