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Thomas D.  Gelbman

Thomas D. Gelbman

Partner, Litigation


Contact Information

tgelbman@osler.com

tel: 403.260.7073 / 604.692.2794

Office

Calgary

Bar Admission

Alberta, 2007

British Columbia, 2015

Education
  • University of Ottawa, LL.L. (summa cum laude)
  • University of Ottawa, LL.B.
  • Trinity College, Dublin, M. Phil.
  • University of Western Ontario, B.A., Dean’s List
Language(s)
English

Tommy litigates complex commercial disputes, primarily within the natural resources, petrochemicals, and financial services industries. He has extensive experience in judicial review and appeals of government decision making, tax dispute resolution, aboriginal litigation and commercial litigation of disputes arising from M&A transactions, joint ventures and other complex commercial arrangements. Tommy also has experience in defending product liability class action proceedings.

Tommy has argued before superior and appellate courts in Alberta, British Columbia and Newfoundland & Labrador, the Federal Court and Federal Court of Appeal, the Tax Court of Canada, and various provincial and federal tribunals. Tommy has practised with the firm since 2006.

    Tax Litigation

    • Representing Wheaton Precious Metals in its pending transfer pricing appeal in the Tax Court of Canada.
    • Representing Murphy Oil in respect of a judicial review and statutory appeal of decisions taken by the Minister of Finance under the Offshore Area Corporate Income Tax Act
    • Successfully Represented the Toronto Dominion Bank in a judicial review and statutory appeal of decisions taken by the British Columbia Commissioner of Income Tax and the Minister of Finance in respect of an annual corporate tax return. Reported Decision: TD Bank v. British Columbia (Commissioner of Income Tax) 2017 BCCA 159.

     

    Administrative and Constitutional Litigation, and Regulatory Appeals

    • Successfully represented Shell Canada Limited in the defence of a statutory appeal by O’Chiese First Nation of regulatory permitting natural resource projects granted by the Alberta Energy Regulatory. Reported Decision: O’Chiese First Nation v Alberta Energy Regulator, 2015 ABCA 348 (leave to appeal to the Supreme Court of Canada denied).
    • Successfully defended NOVA Gas Transmission Ltd. before the Federal Court of Appeal and Supreme Court of Canada with respect to two motions for leave to judicially review a decision of the Governor in Council taken under section 52 of the National Energy Board Act approving the North Montney Mainline pipeline project.
    • Acting for Kinder Morgan Canada Inc., in the defence of multiple challenges to the proposed Trans Mountain Pipeline expansion at the Federal Court, Federal Court of Appeal and Supreme Court of British Columbia.
    • Successfully defended Nalcor Energy in multiple challenges to the proposed Lower Churchill River hydro-electric Project in Newfoundland and Labrador, at the Federal Court of Canada, Federal Court of Appeal, Supreme Court of Newfoundland & Labrador, Court of Appeal of Newfoundland and Labrador, and Supreme Court of Canada.
    • Acted for Shell Canada Limited, in the defence of challenges to Shell’s proposed Jackpine Mine expansion at the Alberta Court of Appeal and the Federal Court of Canada. Reported Decisions: Métis Nation of Alberta Region 1 v. Joint Review Panel, 2012 ABCA 352 (leave to appeal to SCC denied); and Adam v. Canada (Environment), 2014 FC 1185.
    • Represented Chieftain Metals in an aboriginal and administrative challenge to the environmental assessment certificate granted by the B.C. Environmental Assessment office to permit operation of its mineral proportion in British Columbia. Reported Decision: Taku River Tlingit First Nation v. British Columbia (Minister of Environment) 2014 BCSC 1278.
    • Represented a privately-held oil and gas exploration and development company in a royalty dispute under the Indian Oil and Gas Act.
    • Represented 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.

     

    Commercial Litigation

    • Representing Valeant Pharmaceuticals in defence of a product liability class action proceeding in British Columbia.
    • Representing NOVA Chemicals Corporation in a complex commercial dispute with Dow Chemical Company concerning the operation of a petrochemical facility in Alberta.
    • Defended Cenovus in a commercial dispute pertaining to a farmout agreement and the expiry of oil and gas leases. Reported Decision: Crew Energy v. Cenovus Energy Inc., 2012 ABQB 462.
    • Represented PetroKazakhstan in a long running dispute with Russian energy giant, Lukoil, concerning their joint ownership of JSC Turgai Petroleum, which holds significant energy assets in Kazakhstan. Osler also advised in the arbitral enforcement dispute and ultimate settlement of the Turgai ownership dispute.
    • Successfully defended Niska Gas Storage US, LLC, a natural gas storage operator owned by Riverstone Holdings, LLC, in an application for leave to appeal an arbitral award arising from a $1.5 billion purchase and sale transaction. Reported Decision: Alenco Inc. v. Niska Gas Storage US, LLC, 2009 ABQB   192.
    • Represented a large, U.S.-based privately held exploration and production company in an arbitration proceeding against a major Canadian oil and gas producer in a post-closing dispute arising from a $1 billion purchase and sale transaction.

     

    Transactional and Securities Litigation

    • Representing Aspenleaf Energy in the defence of a claim by Coral Hill Energy following the termination of an Arrangement Agreement.
    • Representing Culligan in defence of a claim following the termination of an asset purchase transaction.
    • Representing a public insurer in a B.C. Securities Commission investigation.
    • Represented a financial advisory services firm in a confidential arbitration arising from a unanimous shareholders agreement.
    • Represented former corporate directors and officers in respect of a dispute arising from a securities subscription agreement for Mongolia Minerals Corporation.
    • Represented Laricina Energy in a dispute with a former executive.
    • Represented a financial advisory services firm in a confidential arbitration arising from a contractual dispute with a client.
    • Represented both purchasor and vendor in both contested and uncontested Plan of Arrangement applications under the Alberta and British Columbia Business Corporations Acts, including NOVA Chemicals Corporation, AQM Copper, Mart Resources, Calvalley Petroleum, Teleflex, CanElson Drilling and PrairieSky.

  • Benchmark Litigation Canada, 2018, recognized as a "Litigation Star" in the areas of Aboriginal Law, Construction, Energy and Natural Resources, Environmental, General Commercial, Oil & Gas and Securities.
  • Acritas Stars, 2018, recognized as a Star Lawyer.
  • Benchmark Litigation Canada, 2015: Future Star
  • Benchmark Litigation Canada, 2014: Future Star

  • Member of Osler’s Pro Bono Committee
  • Civil Claims Duty Counsel, regular volunteer to assist individuals with limited means with civil litigation matters.
  • Represented an individual in a dispute with Alberta Health Services regarding the inappropriate use of personal medical information. Represented the Canadian Civil Liberties Association as an intervenor in the appeal of Pridgen v. University of Calgary. Pridgen v. University of Calgary, 2012 ABCA 139.
  • Represented an individual in his capacity as Administrator Ad Litem of his deceased daughter’s estate in a leave to appeal application to the Supreme Court of Canada arising from a breach of fiduciary duty claim.

  • Law Society of Alberta
  • Law Society of British Columbia
  • Canadian Bar Association
  • Canadian Petroleum Tax Society

  • Divided Supreme Court suggests standard of review framework is unsettled, Osler Update, June 21, 2018 (co-authored with Sean Sutherland and Devin Aman).
  • First Nation denied injunction based on prejudice to corporate respondent, Osler Update, May 2, 2018 (co-authored with Maureen Killoran, QC, Sean Sutherland and Komal Jatoi).
  • Notable decisions in Alberta and British Columbia, Osler Update, April 19, 2018 (co-authored with Catherine Hamill).
  • Murky Waters: Emerging Trends in Aboriginal Consultation and Project Approval, CELF 2014 Jasper Research Seminar, June 12, 2014. Published in the Alberta Law Review Vol 52, No. 2 (December 2014) page 207.
  • Recent Developments in the Law of Set-off, Annual Review of Insolvency Law, 2009 (co-authored with A. Robert Anderson, Q.C. and Benjamin Pullen).
  • U.N. Panel Release Mitigation of Climate Change Report, Osler Update, May 16, 2007 (co-authored with Shawn Denstedt, Dan Kirby and Matthew Keen).
  • Supreme Court Upholds Aboriginal Logging Rights, Osler Update, December 11, 2007 (co-authored with Shawn Denstedt, JoAnn Jamieson and Matthew Keen).
  • Alberta’s New Rules of Court: Podcast, November 1, 2010.
  • Canada’s Clean Air Act Represents Shift in Addressing Greenhouse Gases and Air Pollution, Osler Update, October 25, 2006 (co-authored with Dan Kirby, Shawn Denstedt, Jacob Sadikman and Ryan Rodier).