Kelly Moffet-Burima

Partner
Norton Rose Fulbright Canada LLP

Kelly Moffet-Burima

Kelly Moffet-Burima

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Biography

Kelly Moffet-Burima is the Calgary local chair of our litigation and disputes group. Her practice focuses complex commercial litigation and construction litigation.

Kelly has acted in a broad range of matters, including a wide variety of contractual disputes in both the energy and construction sectors. She also regularly handles fraud claims, actions involving breaches of fiduciary duty and breaches of confidence, construction disputes involving deficiencies, delay claims, and builders’ liens, and professional negligence actions.

Kelly has appeared at all levels of court in Alberta. She has also acted as counsel in several arbitrations and mediations.


Professional experience

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LL.B., University of Calgary, 2010
B.A., University of Alberta, 2006

  • Alberta 2011

Ms. Moffet-Burima has acted in the following matters:

Commercial Litigation

  • Acted for a large energy company in the defence of a dispute involving allegations of patent infringement, breach of licensing agreements, and breach of confidence. The nearly 700-million-dollar claim was successfully dismissed via a summary judgment application: JL Energy Transportation Inc v Alliance Pipeline Limited Partnership, 2024 ABKB 72
  • Acted for a large energy company in defence of a dispute involving alleged fraudulent misrepresentations relating to a share purchase transaction. This dispute has been the subject of over 16 weeks of trial before the Alberta Court of Queen's Bench, and has involved numerous attendances before the Alberta Court of Appeal. See, for instance, NEP Canada ULC v Merit Energy Company LLC et al, 2017 ABQB 28 and 2017 ABCA 405
  • Acted for a large environmental services provider to prosecute a breach of confidence and breach of fiduciary duty action involving the unlawful taking of confidential information by former employees to start a competitor corporation
  • Acted as co-counsel for a large technology company involved in a private arbitration dispute relating to a share purchase transaction
  • Acted as co-counsel for a large energy company in a private arbitration regarding appropriate payments under an offgas agreement

Construction

  • Currently acting as counsel for the owner of a large P3 project in a claim arising out of the termination of its contractor in Vancouver, BC
  • Currently acting as lead project counsel for a large P3 infrastructure project in Alberta.
  • Successfully defended the Alberta Electric System Operator in a proceeding arising out of a contract dispute relating to the Fort McMurray West Transmission Project: AUC Decision 27009-D01-2023.
  • Acted as counsel for numerous owners and contractors in relation to delay, deficiency, and builders’ lien claims.
  • Acted and acting as counsel in several cases involving the defence of architectural and engineering firms against allegations of negligence and breach of contract in the design and construction of various types of buildings
  • Best Lawyers in Canada: Corporate and Commercial Litigation, 2023-2024, Construction Law, 2024
  • Canadian Legal Lexpert Directory, 2023: recommended in Professional Liability
  • CBA civil litigation executive member, Southern Alberta Section, 2019 - present
  • QB Amicus Project, Pro Bono Law Alberta, 2014 - 2018
  • Small claims duty counsel, Pro Bono Law Alberta, 2012 - 2018
  • Volunteer counsel: Legal Grounds Advice Clinic, Pro Bono Law Alberta, 2011 - 2018 
  • Board member, Rocky Mountain Civil Liberties Association, 2014 - 2016

 

 


Insights

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