Bryan G. West is a partner in our commercial litigation group in Calgary. He is the author of Builders' Liens in Alberta: Procedure, Law and the Annotated Act, 2016-2017, published by Carswell Thomson Reuters, and is a contributing author to Defending Class Actions: A Guide for Defendants, published in January 2016 by LexisNexis. He is also an active contributor to the Canadian Real Property Law Blog, “Lay of the Land”, where he writes regularly on construction, project development, real property, oil & gas and commercial landlord tenant issues (you can view Bryan’s most recent entries or subscribe here).
Among other clients, Bryan acts for developers, energy companies, information and technology companies, engineering firms, 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.
Bryan represents and advises corporations and partnerships in a wide range of commercial litigation matters including contract disputes, commercial lease disputes, ownership disputes, oppression remedy claims, intellectual property disputes, breaches of fiduciary duty, negligence, defamation and other torts. His experience includes complex commercial ownership disputes involving substantial mineral rights, large commercial property (e.g. office towers and shopping malls), estates and businesses.
Some of Bryan’s recent publicly reported cases include:
- Pertman v Grandin Park Properties Inc. (Amacon Development): acted as counsel for the defence of a claim in the approximate amount of $1.5 million, relating to a parking and access easement for a mixed-use commercial complex development. The result was the successful resistance of a originating application with costs against the applicant and the establishment of a precedent on the merger of express and implied easements never before addressed in Canada. This decision was later upheld by the Court of Appeal. See the Court of Queen’s Bench decision at 2015 ABQB 262 and 2016 ABCA 148.
- Shelbra International Inc. v Peter Pond Portfolio Inc: acted as counsel for the defence in a land rights claim in the approximate amount of $1 million, relating to a parking and access easement for a shopping mall complex development. The result was the successful resistance of a originating application with costs against the applicant. See the Court of Queen’s Bench decision at 2015 ABQB 762.
- Kevin Hnatiuk v Assured Developments: acted as co-counsel for the Plaintiff in a Court of Appeal case involving the appeal of multiple Court of Queen’s Bench decisions arising from allegations of negligent construction. The result was judgement for the Plaintiff establishing a precedent in the law of res judicata. See the Court of Appeal decision at 2012 ABCA 97.
- 1248493 Alberta Ltd v the City of Calgary: co-counsel for the complainant respecting a property tax assessment for approximately $34 million. The result was a successful reduction of the tax assessment to approximately $11 million. See the Calgary Assessment review Board decision at CARB 2895/2011-P.
CONSTRUCTION, PROJECT DEVELOPMENT AND REAL PROPERTY LITIGATION
Bryan represents and advises developers/owners, general contractors, sub-contractors and material suppliers with respect to construction or development related disputes, including complex construction matters such as subdivisions, hotels, commercial property, 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.
Bryan represents and advises developers in dealing with municipal legal matters, including bylaw compliance, health & safety, land use designation, development and property taxes. 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, 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.
Bryan represents and advises employers and individual executives on employment related disputes. He has extensive experience in matters including wrongful termination (at both the executive and non-executive level), non-solicitation and non-compete clauses, breach of contract, human rights, constructive dismissal and other related issues.
COMMUNITY INVOLVEMENT & EDUCATION
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).
Bryan was born and raised in Banff, Alberta. Bryan received his BA from the University of Calgary in 2007, where he served as President of the Students’ Union for two consecutive terms, and received the Order of the University of Calgary in 2006. He received his JD from Queen’s University in 2010 and was called to the Alberta bar in 2011.