Maureen  Killoran Q.C.

Maureen Killoran Q.C., Calgary Managing Partner

Contact Information

  • tel: 403.260.7003
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Bar Admission

Alberta, 1995 ; Ontario, 2001

Education

  • University of Calgary, LL.B.
  • Queen’s University, B.A. (Hons.)

Office

Calgary

Language(s)

English

Biography

Maureen is the Managing Partner of Osler’s Calgary office and a trusted advisor to many major commercial clients. Maureen’s practice is devoted to complex commercial disputes with particular emphasis on the Resource Industry. She is a seasoned trial and appeal lawyer with experience in commercial arbitrations (domestic and international) and other forms of dispute resolution. Maureen represents a diverse group of clients and has extensive experience in Resource Industry disputes, both in Canada and abroad, acting on major hydroelectric, oil sands, midstream, upstream and downstream disputes including: CAODC, CAPL and AIPN contract matters; gas supply contracts; oil and gas facilities and processing contracts; operator disputes; royalty disputes; Rights of First Refusal (ROFR); accounting disputes; fiduciary duties; product liability; and environmental/contaminated sites claims. A significant portion of Maureen’s practice includes judicial review, regulatory appeals, and the defence of aboriginal claims in both Federal and Provincial Courts. Maureen also defends corporations in environmental, health, and safety prosecutions.

Notable Matters

  • NunatuKavut Community Council Inc. v. Attorney General of Canada: Representing Nalcor Energy before the Federal Court of Canada in the judicial review of a Department of Fisheries and Oceans authorization under sections 32 and 35(2) of the Fisheries Act in relation to a major hydro-electric project at Churchill Falls, in Newfoundland and Labrador. The Applicant has argued that the Crown has failed to fulfil its duty to consult.
  • Nunatsiavut Government v. Her Majesty in Right of Newfoundland and Labrador: Representing Nalcor Energy before the Supreme Court of Newfoundland and Labrador in the judicial review of a Permit to Alter a Body of Water under the Water Resources Act in relation to a major hydro-electric project at Churchill Falls, in Newfoundland and Labrador. The Applicant has argued that the Crown has failed to fulfil its duty to consult and accommodate.
  • Nunatsiavut Government v. Attorney General et al: Representing Nalcor Energy before the Federal Court of Canada in the judicial review of a Department of Fisheries and Oceans authorization under sections 32 and 35(2) of the Fisheries Act in relation to a major hydro-electric project at Churchill Falls, in Newfoundland and Labrador. The Applicant has argued that the Crown has failed to fulfil its duty to consult and accommodate.
  • Métis Nation of Alberta Region 1 v. Joint Review Panel, 2012 ABCA 352: Represented Shell Canada Limited before the Alberta Court of Appeal in the successful defence of a Leave to Appeal and Stay Application. In this case, the Applicants, two Alberta Aboriginal groups, sought leave to appeal a decision by the Federal-Provincial Joint Review Panel reviewing Shell's Jackpine Mine Expansion Project not to consider the adequacy of Aboriginal consultation in respect of this project. The Applicants also sought to stay the regulatory hearing pending the proposed appeal. The Court of Appeal denied the applications, concluding that the Joint Review Panel is not required to determine whether the Crown has met the duty to consult, and that the hearings themselves were a part of the consultation. The matter was then referred to the Supreme Court of Canada where we successfully defended a Leave to Appeal Application by the Athabasca Chipewyan First Nation.
  • Nalcor Energy v. NunatuKavut Community Council et al: Successfully represented Nalcor Energy before the Supreme Court of Newfoundland and Labrador in its injunction motion to enjoin protestors from their illegal blockade of a work site and interference with Nalcor's lawfully permitted work in relation to its Lower Churchill Hydroelectric Generation Project.
  • Sierra Club, Grand River Keeper et al v. Nalcor Energy, Government of Canada et al: Successfully represented Nalcor Energy before the Federal Court of Canada in the judicial review of the report of a Joint Review Panel in relation to a major hydro-electric project at Churchill Falls, in Newfoundland and Labrador.
  • Conseil des Innus de Ekuanitshit v. Nalcor Energy, Government of Canada et al: Representing Nalcor Energy in a judicial review and a failure to consult/accommodate claim by the First Nations Applicant in relation to the Churchill Falls hydro-electric project in Newfoundland & Labrador.
  • Coldwater Indian Band and Chief Harold Alijam et al v. Kinder Morgan Canada Inc.: Representing Kinder Morgan Canada Inc. in a judicial review application commenced in the Federal Court of Canada by an Aboriginal group in respect of a pipeline right of way issue.
  • Ernst v. EnCana, Energy Resources Conservation Board, and the Province of Alberta: Defending EnCana in an action by a landowner for alleged damages sustained due to “fracking” in oil and gas operations.
  • Crew Energy v. Cenovus: defending Cenovus in a commercial dispute pertaining to a farmout agreement and the expiry of oil and gas Leases.
  • Nalcor Energy in the defence of an injunction application brought by the NunatuKavut Community Council in 2011.
  • CNRL in the defence of a claim by working interest owners of a major oil sands operation.
  • BG International in a London Court of International Arbitration (“LCIA”) dispute with Canadian Superior Energy Corp. in relation to an AIPN joint operating agreement pertaining to gas exploration and development in Trinidad and Tobago. The dispute involved multiple applications for Interim Relief including receivership and CCAA protection at the Court of Queen’s Bench and Court of Appeal of Alberta: (2009) 448 A.R. 24 (QB); 457 A.R. 38 (C.A.).
  • Sabre Energy and ConocoPhillips Canada in a litigated dispute with Husky Oil over capital and operating costs associated with an oil battery and, the duties and obligations of operators: Husky Oil Operations Ltd. v. Gulf Canada Resources et al. [2008] A.J. No. 715 (Alta. Q.B.).
  • Talisman, Shell Canada, TAQA North, Mancal, ConocoPhillips, and EnCana in a dispute with the Sunchild First Nation over duties of consultation and the cumulative effects of energy developments.
  • Glacier Power in disputes with interested parties in relation to regulatory permitting hearings for the development of hydro-electric facilities:  Alberta Wilderness Association et al. v. Attorney General of Canada et al. [2008] F.C.J. No. 1305; 170 A.C.W.S. (3d) 227; 39 C.E.L.R. (3d) 23 (Fed. Ct.).
  • Hunt Oil Company in a dispute re: Operators’ Duties, fiduciary obligations, and gross negligence in the context of the 1991 CAPL industry agreement:  Adeco Exploration v. Hunt Oil Company of Canada Inc. [2008] A.J. No. 836 (C.A.).
  • EnCana Corporation in preliminary inquiry and scheduled seven week trial re: charges pursuant to the Canada Wildlife Act in relation to commercial activities in the Suffield National Wildlife Area:  R v. EnCana, May 2009 (Judicial District of Medicine Hat).

Affiliations

  • Law Societies of Alberta and Upper Canada
  • Canadian Energy Law Foundation
  • Rocky Mountain Mineral Law Foundation

Industry Recognition

  •  Named Queen’s Counsel 2013
  • The Best Lawyers in Canada 2014:  Corporate and Commercial Litigation
  • Benchmark Litigation Canada 2014: General Commercial; Energy and Natural Resources; White Collar Crime; Aboriginal
  • Awarded Women in Law Leadership Award (2011)
  • Canadian Who’s Who 2011, 2012
  • Rated as “BV Distinguished” by Martindale Hubbell Directory, Peer Review Rating 2003-2012

Publications/Events/Education

Lecturer/Instructor

  • University of Calgary, Faculty of Law, lecturer: civil procedure; advocacy; professional negligence; and, remedies; Instructor at the Intensive Trial Advocacy Course (2006-2010); LESA Intensive Trial Advocacy Course for Practitioners, Instructor 2007-2012; LESA Civil Litigation Course, 2010, Panel Chair, 2010; Faculty of Law, University of Notre Dame, South Bend, Indiana: Visiting Faculty Instructor, Intensive Trial Advocacy Training Program (2009, 2010, 2012); and LESA, Alberta Rules of Court Course, Conference Speaker, 2010.

Conferences and Papers

  • Chair, LESA Civil Litigation (Motions) Conference, Edmonton, Calgary May 2010; Panel Chair and Speaker, Canadian Corporate Counsel Association, Annual General Meeting Conference, August 2007,  Panel Presentation: “Enterprise Risk Management Requires a Management Approach”; Insight Conference: Effective Practices for Minimizing Litigation Risks, May 2006; Osler Client Seminar:  Arbitration Essentials: Clauses that Work, June 2006; Osler Client Seminar: Solicitor-Client Privilege: What Every In-House Lawyer Should Know, November 2007.