Bryan G. West is a partner in his firm's commercial litigation group in Calgary. He is the author of multiple legal texts including Builders' Liens in Alberta: Procedure, Law and the Annotated Act, 3rd Edition, published annually by Carswell Thomson Reuters, the co-author of Heintzman and Goldsmith on Canadian Building Contracts, 5th Edition published quarterly by Carswell Thomson Reuters, and is a contributing author to Defending Class Actions: A Guide for Defendants, published in January 2016 by LexisNexis. Bryan is also a regular lecturer and guest speaker across Canada, including in the capacity of a faculty member for the Osgoode Certificate in Construction law program. Bryan’s books have been cited by various levels of the Alberta courts and beyond.
Among other clients, Bryan acts for energy companies, engineering firms, developers, information and technology companies, commercial landlords, hotels & resorts, manufactures, large non-profits and individual executives. Bryan’s commercial litigation practice includes a focus on construction, project development, municipal, commercial landlord & tenant and oil & gas (energy) disputes.
COMMERCIAL LITIGATION
Bryan represents and advises corporations and partnerships in a wide range of significant commercial litigation matters including contract, construction, engineering, commercial leasing, ownership, oppression, intellectual property, fiduciary duty, negligence, and defamation disputes. His experience includes complex commercial disputes involving substantial mineral rights, large commercial property (e.g. office towers and shopping malls), chemical processing plants, mines, oil sands developments, high-way and bridge construction, and other large or mega-project related matters.
CONSTRUCTION, PROJECT DEVELOPMENT AND REAL PROPERTY LITIGATION
Bryan is widely considered a leading legal authority on construction and lien law in Alberta and beyond.
Bryan primarily represents and advises developers/owner and engineers, but also general contractors, sub-contractors and material suppliers with respect to construction or development of buildings, infrastructure, and industrial projects. Bryan’s experience includes mandates involving disputes over $100MMs or $1B+, including complex construction matters such as subdivisions, hotels, commercial property, commercial gas and chemical plants, pipelines and oil sands projects. He has substantial experience in matters including builders’ liens, construction and contract disputes.
LANDLORD AND TENANT (COMMERCIAL) AND REAL PROPERTY LITIGATION
Bryan represents and advises owners, landlords, management companies and tenants in commercial landlord tenant disputes. He has substantial experience in disputes involving the enforcement, interpretation and termination of leases, the rights and obligations of property owners and developers and has won a number of significant cases in Alberta on the interpretation of commercial leasing provisions, including with respect to asbestos contamination, the right of quiet enjoyment, anticipatory breaches and implied and express liens.
PLANNING AND DEVELOPMENT DISPUTES
Bryan represents and advises developers in dealing with municipal legal matters, including zoning, development permit applications, contested subdvision appeal board matters, bylaw compliance, health & safety, property taxes and other development matters. His experience includes large scale development projects including subdivisions, apartments, industrial and commercial property.
OIL & GAS (ENERGY) LITIGATION
Bryan represents and advises corporations and partnerships in a wide range of energy related matters including contract or lease disputes, joint venture disputes, operator disputes and lien/caveat disputes.
COURT AND ADMINISTRATIVE TRIBUNAL EXPERIENCE
Bryan is frequently engaged in hearings, contested applications, arbitrations, trials and appeals before all levels of Courts in Alberta, including the Court of Appeal and at administrative tribunals. He also often advises clients on litigation matters arising in the province of British Columbia and Ontario.
BACKGROUND, COMMUNITY INVOLVEMENT & EDUCATION
Bryan was born and raised in Banff, Alberta. Bryan received his BA from the University of Calgary in 2007, where, among other things, he served as President of the Students’ Union for two consecutive terms and as a member of the University Board of Governors for three years. In 2006 Bryan received the Order of the University of Calgary. Bryan received his JD from Queen’s University in 2010 and was called to the Alberta bar in 2011.
Bryan is an actively engaged in the community and serves as a volunteer, officer and director with a number of local and provincial non-profit, charity and grass-roots political organizations. He has been noted for volunteer activities within the community through multiple awards including the Alberta Centennial Medal and has been profiled by the Calgary Herald as one of Calgary’s “Top 20 Most Compelling Calgarians.” His past and present affiliations include the Pro-Bono Students Canada (Supervising Lawyer), the University of Calgary Board of Governors (Board Member), the Forum for Albertans (Trustee and Director), the Ministry of Higher Education and Technology, Learning Alberta Steering Committee (Member) and the Sunnyside Hillhurst Community Association (Executive).
Contact info:
bwest@mccarthy.ca
1-403-260-3743