Mr Jeffrey D Vallis QC Partner Borden Ladner Gervais LLP - Lawyer Biography - International Law Office

Background

Jeff Vallis is a partner in the Calgary office of Borden Ladner Gervais. He was admitted to the Alberta Bar in 1982, after graduating with his Bachelor of Laws from the University of Toronto Law School in 1981.

Mr. Vallis is currently the Calgary Regional Coordinator for the Construction, Engineering, Surety & Fidelity Practice Group and sits on the National Council of Borden Ladner Gervais. He was named Queen's Counsel in 2004.

Areas of Practice

• Commercial Litigation, with an emphasis on construction and surety issues, product liability and insurance defence.

Professional Experience

• Mr. Vallis has experience before the various branches of the Alberta courts as well as before the Federal Court of Canada and the Supreme Court of Canada, but primarily before the Court of Queen’s Bench of Alberta and the Alberta Court of Appeal. He has also appeared as counsel in the Saskatchewan Court of Queen’s Bench, the Manitoba Court of Queen’s Bench and the Manitoba Court of Appeal.
• He offers experience in:
  • Construction litigation, including builders’ lien and surety issues, acting on behalf of owners, contractors, subcontractors, lenders and sureties.
  • Broad spectrum of commercial disputes, in areas as diverse as heavy oil extraction, telecommunications, licensing, gas supply contracts and stock manipulation.
  • Wide range of tort litigation, including product liability claims. Has acted in claims involving significant property losses or personal injury arising out of alleged negligence or breach of contract, primarily in the industrial sector.
  • He has acted as counsel in a number of commercial and corporate disputes that have been submitted to arbitration, mediation or other methods of alternative dispute resolution.
• Representative reported decisions in which Mr. Vallis has been counsel include:
  • Graham Construction and Engineering (1985) Ltd. v. LaCaille Developments Inc. (2006), 154 A.C.W.S. (3d) 1079 (Alta. Q.B.) (6 week trial dealing with delay claims, allegations of deficiencies and changes in scope of work)
  • NAC Constructors Ltd. v. Alberta Capital Region Wastewater Commission (2005), 144 A.C.W.S. (3d) 469 (Alta. C.A.) (upheld decision limiting the effect of discretion clauses in tender documents)
  • Westco Storage Ltd. v. BICC Canada Inc. (2005), 192 Man. R. (2d) 166 (C.A.) (upheld the summary dismissal of environmental claim based on Manitoba limitations legislation)
  • Bell ExpressVu Limited Partnership v. Rex et al (2002), 212 D.L.R. (4th) 1 (S.C.C.) (acted for intervenor in successfully challenging B.C.C.A. interpretation of Radio Communications Act)
  • Agrium Inc. v. Chubb Insurance Co. of Canada, (2002), 318 A.R. 355 (Alta.Q.B.) (responded to attack on third party proceedings).
  • Canada Post v. Goodfellas Delivery Inc. (2002), 322 A.R. 13 (Q.B.) (application to strike portions of a defence)
  • WIC Premium Television Ltd. v. General Instrument Corp. et al, [2001] 2 W.W.R. 431 (Alta. C.A..) (leading decision on the jurisdiction of the Alberta courts)
  • IMC Canada Ltd. v. Enron Canada Corp. (2001), 318 A.R. 62 (Q.B.) (application for interlocutory injunction)
  • National Bank of Canada v. Merit Energy Ltd. (2001), 294 A.R. 36 (Q.B.) (determination of rights in a bankruptcy proceeding)
  • Precision Drilling Corp. v. Matthews Equipment Ltd., [2000] 10 W.W.R. 498 (Alta. Q.B.) (leading decision on submission to arbitration)
  • Sheer et al v. Lee et al (2000), 263 A.R. 305 (Q.B.) (successfully resisted application to compel arbitration)
  • Wilson et al v. City of Medicine Hat et al (2000), 191 D.L.R. (4th) 684 (Alta. C.A.) (struck the claim of employees alleging industrial poisoning)
  • Constellation Oil & Gas Ltd. v. Sunoma Energy Corp. (1999), 252 A.R. 177 (Q.B.) (successfully resisted an injunction application, seeking to enjoin the transfer of property)
  • Barclays Bank of Canada v. Liquidator of Canadian Commercial Bank (1999), 173 D.L.R. (4th) 309 (Alta. C.A.) (overturned a trial court decision and obtained preferred status for a creditor)
  • Long v. Delta Catalytic Industrial Services Inc., [1998] 6 W.W.R. 792 (Alta. Q.B.) (wrongful dismissal trial)
  • Toronto-Dominion Bank v. Canada (Minister of National Revenue), [1996] 1 S.C.R. 963 (challenge to the super-priority conferred under the Excise Tax Act)
  • Gannon Bros. Energy Ltd. v. Alberta (Energy and Utilities Board) (1996), 178 A.R. 302 (C.A.) (successfully resisted appeal of AEUB ruling)
  • Khosla v. Alberta College of Physicians and Surgeons (1995), 174 A.R. 230 (C.A.) (appeal from disciplinary proceedings)
  • Gulf Canada Resources Ltd. v. Pembina Resources Ltd. (1994), 152 A.R. 74 (Q.B.) (application for interlocutory injunction)
  • Vesta Technology Ltd. v. Chem-Security (Alberta) Ltd. (1991), 50 C.P.C. (2d) 167 (Q.B.) (claim arising out of a failed incineration technology for disposal of PCB-contaminated material)
  • Porta Test Inc. v. Montenay Birwelco Inc. (1991), 123 A.R. 38 (Q.B.) (claim arising out of contract dispute on construction of Husky upgrader)
  • Shulist v. Hunt (1987), 78 A.R. 188 (Q.B.) (realtor’s claim for commission)
  • Blair v. Merrill Lynch Canada Inc. (1987), 80 A.R. 65 (Q.B.) (professional negligence claim against broker)
  • Halluk v. Brown (1982), 41 A.R. 350 (Q.B.) (defamation trial)

Professional Activities

• 1986-1999: Senior Instructor, University of Calgary Law School Trial Advocacy Program.
• 1984-1986: Executive, Construction Law Subsection of the South Alberta District of the Canadian Bar Association.
• 1984-1994: Member, Legislative Review Committee, a joint committee of the Canadian Bar Association and the Law Society of Alberta.-
• Member, Canadian Bar Association and Calgary Bar Association.

Recent Publications and Presentations

• Construction Risk Management 2007, panel presentation (Calgary, April 2007)
• Jeffrey D. Vallis, Q.C., Developments in Tendering Law - 2006, presented to Canadian Construction Association Annual Conference (San Juan, March 2007)
• Highway and Bridge Infrastructure, panel presentation at International Construction Superconference (London, U.K., May 2006)
• Jeffrey D. Vallis, Q.C., Patricia L. Morrison and Joshua D.E. Cinnamon, Discretion Clauses in Tender Documents: How Far Can They Go?, and Jeffrey D. Vallis, Q.C., Patricia L. Morrison and Louise Lee, Exclusion and Limitation of Liability, both presented to Canadian Construction Association Annual Conference (Kona, March 2006)
• Guest Speaker, Law and the Construction Industry, two-day seminar presented by the Alberta Construction Association (Banff, February 2006)
• “Managing Risk through Contractual Means”, presented at Risk Management in the Construction and Energy Sectors conference (Calgary, January 2006)
• Building Envelope Claims - An Update, panel presentation at Buildex Calgary conference (Calgary, November 2005)
• Jeffrey D. Vallis, Q.C., “Limitation of Actions in Manitoba: Westco Storage v. BICC Canada”, Environmental Law News (Fall, 2005)
• Product Liability Update, client seminar (Toronto, June 2005)
• Bankability of Construction Contracts, panel presentation at the Contractor and Construction Manager Issues International Superconference (London, U.K., May 2005)
• Jeffrey D. Vallis, Q.C. and Stefan Gruszka, Construction Insurance: Cost Overview, submitted to Canadian Construction Association Annual Conference (Las Vegas, March 2004)
• Jeffrey D. Vallis and Kathryn F. Hordienko, “Express Warranties”, Handbook on Product Liability (Toronto, Fall 2003)
• Infrastructure Opportunities in Canada, panel presentation at the Second Global Project Superconference (London, U.K., May 2003)
• Payment Terms in Construction Contracts, submitted to Canadian Construction Association Annual Conference (Quebec City, February 2003)

Community Involvement

• Trustee and Vice-President, Canadian Athletic Foundation
• Director and Vice-Chair, Hospice Calgary Society
  • Member, Executive Committee
  • Chair, Governance Committee
• Director, Hospice Calgary Foundation
• Director and Vice-Chair, Recreation for Life Foundation
  • Member, Executive Committee
• Member of the Executive Committee, University of Calgary Law School Fundraising Campaign (1999)

Practice areas to which Jeffrey D. Vallis, Q.C. belongs:

• Aviation
• Commercial Arbitration and Mediation
• Commercial Litigation
• Construction, Engineering, Surety and Fidelity
• General Property and Casualty Claims
• Life and Disability Insurance
• Product Liability