David de Groot

Commercial and general litigation

David has appeared before all levels of Court in Alberta, including the Provincial Court, the Court of Queen's Bench and the Court of Appeal. He has also represented clients at the Supreme Court of Canada. David's commercial practice includes business partner disputes, including matters relating to oppression remedies, partnership dissolutions, shareholder/business valuations and forensic investigations and audits.

Construction litigation

David acts for owners, general contractors and subcontractors in a variety of industrial, commercial and institutional construction projects. He provides advice on drafting construction contracts and on disputes arising during construction, including bid/tender disputes, surety bonds disputes, delay claims, faulty workmanship claims and lien claims. David is familiar with the pressures that clients in the construction industry face, including those arising from the need to maintain project schedules, ensure quality workmanship and meet project budgets. He provides practical advice enabling his clients to respond to the legal challenges that arise in relation to these pressures.

David's construction practice is national in scope, recently acting for clients on matters in British Columbia, Alberta, Manitoba, Ontario, and Nova Scotia

Labour law

David has appeared before, and made submissions to, the Alberta, British Columbia and Saskatchewan Labour Relations Boards. He has experience in a wide variety of labour issues, including certification drives, unfair labour practices and grievance arbitrations. Much of David's labour experience relates to the construction industry, although he has also represented clients in the retail, health care and manufacturing sectors.

David is the Regional Director (Alberta) of the Society for Construction Law and a sessional Instructor for University of Calgary's Trial Advocacy Course.

Member, Law Society of Alberta

Member, Canadian Bar Association

Member, Calgary Bar Association

Fellow, Canadian College of Construction Lawyers

Director, Society for Construction Law, North America

Fellow, Litigation Counsel of America

Moderator, Numerous Presentations for Construction Law Society (North America

Panelist, Best Practices for Construction Arbitrations I: Practical Tools, Construction Law Advocacy Conference, Advocates Society, October 2021

Presenter, Privilege and Construction Risk Assessments, 12th Annual Managing Risk in Construction Contracts & Projects Conference, The Canadian Institute, March 2020

Presenter, Ethics Seminar: Pressing Issues Confronting the Canadian Construction Industry, 9th Annual Managing Risk in Construction Contracts & Projects Conference, The Canadian Institute, January 2017

Restructuring companies or restructuring contracts: Lessons from Chandos Construction Ltd v Deloitte Restructuring Inc., Construction Litigation Bulletin, 2020

Valard v Bird: General Contractors Should Notify Subcontractor Beneficiaries of Labour & Material Bonds, BD&P Client Bulletin - February 2018

Interpreting Exclusions, Ledcor Construction Ltd. v Northbridge Indemnity Insurance Co. Construction Business, Nov/Dec 2016

A Case Comment on Ledcor Construction Ltd. v Northbridge Indemnity Insurance Co. BD&P Construction Newsletter - December 2016

Unjust Enrichment: Do Subcontractors Have Common Law Remedies Against Owners? BD&P Construction Newsletter - July 2016

Can a Lien Bond Satisfy a General Contractor’s Trust Obligations?, BD&P Construction Newsletter - March 2016

A Primer on Surety Bonds, BD&P Construction Newsletter - February 2013

Rule 14: Actions, Applications and Strategic Factors for Choice of Proceeding, Advocates Quarterly

Graham Construction and Engineering LP v. City of Toronto

The City of Toronto contracted with Graham Construction and Engineering LP for the construction of the Ashbridges Waste Water Treatment Plant. During the course of construction, the parties discovered numerous changes to the site condition which resulted in significant changes to the scope of work, including with respect to delays to perform the scope of work.

ARC Resources Ltd.'s $8.1 billion combination

Counsel to ARC Resources Ltd. in its $8.1 billion strategic Montney combination with Seven Generations Energy, resulting in ARC becoming Canada's largest condensate producer, third-largest natural gas producer and sixth-largest upstream energy company.

Successful leave to appeal to the Supreme Court of Canada on behalf of Peace River Hydro Partners

Lead counsel in a successful leave to appeal to the Supreme Court of Canada on behalf of Peace River Hydro Partners, in Peace River Hydro Partners, et al. v. Petrowest Corporation, et al., a case which involves the question of whether a receiver can disclaim an arbitration clause while still enforcing the underlying contract.

Represented a roofing company seeking $6.5M from fire damages

Lead counsel to a roofing company defending a $6.5M claim for alleged damages resulting from a fire that occurred while a commercial building in downtown Calgary was under construction. We successfully opposed an application brought by an insurance company to have two Actions related to the losses tried at the same time and to have the implied undertaking lifted. (Center Street Limited Partnership v Lloyd’s Underwriters, 2017 ABQB 295).

University of Calgary

Bachelors of Arts ( with Distinction)

2002

University of Calgary

Master of Arts

2004

University of Toronto

Juris Doctor ( Honours)

2007

Bar admission: Alberta 2008 and British Columbia 2023