Roger Smith, KC
Partner
Norton Rose Fulbright Canada LLP
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Biography
Roger Smith's practice is focused on complex litigation. He has acted in a broad range of matters, including contractual and joint venture, fiduciary duties, oil and gas, corporate securities, telecommunications, electrical distribution and renewable energy. Roger has appeared in all levels of courts in Alberta. He has also acted locally and internationally as counsel in numerous arbitrations and mediations.
He served on the executive committee of Macleod Dixon (one of our predecessor firms in Canada) from 2008 to 2011 and Norton Rose Fulbright Canada from 2013 to 2017 and again in 2020 to 2023. He was a member of the core team negotiating the two firms' combination in 2011 and was the first national litigation practice group leader, holding that position from 2013 to 2017.
Roger was the Calgary office managing partner from 2020 to 2023.
Professional experience
Collapse all- Alberta 1988
- NEP Canada ULC v. MEC OP LLC, 2017 ABCA 405. Successfully defeated an appeal of a trial decision in NEP Canada ULC v. Merit Energy Company LLC et al., 2017 ABQB 28
- ENMAX Energy Corporation v. Balancing Pool, 2017 ABQB 718. Successfully defeated an interim injunction application arising from purported terminations of power purchase arrangements (PPAs) resulting from a change in law that was alleged to enable the termination of the PPAs in accordance with their own terms
- NEP Canada ULC v. Merit Energy Company LLC et al, 2017 ABQB 28. Successfully defeated a claim in a trial of an issue, dealing with the allegation Merit had conspired to conceal an engineering report that NEP contends contained information negatively influencing the value of certain shares prior to the closing of Merit's sale of those shares to NEP
- A private commercial arbitration (2016). Successfully limited damages arising from a failure to provide reasonable notice of the termination of a wireless data network to $536,000 from a claimed amount of $10.7 million
- Canadian Sahara Energy Inc. v. Sonde Resources Corp. (2010), ABQB 730. Successfully lifted the stay of proceedings provisions under the Bankruptcy and Insolvency Act
- Apache Canada Ltd. v. Harmattan Gas Processing Limited Partnership (2010), ABQB. Successfully defeated a leave to appeal a private commercial arbitration
- A private commercial arbitration (2009). Successfully obtained a judgment enforcing the allocation provisions of a gathering, processing and fractionation agreement
- An international commercial arbitration (ending 2008). Responsible for obtaining and leading the evidence of several experts in an arbitration involving construction issues in the oil sands with claims in excess of $600 million
- Murphy Oil Company Ltd. v. The Predator Corporation Ltd. (2006), ABQB 680. Successfully obtained a declaration of a constructive trust arising out of improper use of confidential well test data
- CE Bermuda Insurance Ltd. v. Allianz Insurance Company of Canada (2005), ABQB 975. Successfully upheld an arbitration panel's decision regarding its jurisdiction under the Uncitral Model Law on International Arbitration, to arbitrate construction cost overruns and delayed production claims in excess of $600 million
- Best Lawyers in Canada: Corporate and Commercial Litigation, 2018-2024
- The Legal 500 Canada: Dispute Resolution – Alberta (Leading Individuals), 2023-2024
- Acritas Stars 2019-2021 – Designated as an "Independently rated lawyer"
- Canadian Legal Lexpert Directory, 2020: recommended in Litigation – Corporate Commercial
- Recognized as the supporting partner in winning the Lexpert Zenith award for the “Ride for Kids” fundraiser
- Canadian Bar Association
- Alberta Arbitration and Mediation Society
- Law Society of Alberta
- Member, board of directors for the Calgary Health Trust
- Fundraiser, YMCA Growing Strong Together Community Campaign, 2007
- Organizing committee, Crohns and Colitis Theoren Fleury Golf Tournament, 2002 to 2005