Rodney A. Smith  

Partner

Executive Summary

Rodney is a partner in BLG’s Construction Group in Calgary. He has represented clients in a broad range of civil litigation matters.

Rodney’s practice focuses on construction litigation. He has represented owners, general contractors, and subcontractors in disputes arising from large-scale construction and engineering projects. His experience includes multi-million dollar cases involving contractual disputes, negligence, insurance, and delay claims. Rodney has also represented clients in a variety of commercial disputes, as well as insurance, municipal liability, and intellectual property litigation, specifically disputes involving trade secrets, trademarks, and copyright. Rodney is also a registered Trademark Agent.

He has appeared before all levels of Court in Alberta, the Court of Queen’s Bench of Manitoba, the Federal Court of Canada, as well as various administrative tribunals. He has also participated in a number of arbitrations, Judicial Dispute Resolutions and private mediations.

Representative Work

Recent Experience:

  • Counsel for a large general contractor involved in disputes with the owner and a number of subcontractors arising out of the construction of an international airport terminal.
  • Counsel for a joint venture in disputes with a utility company arising out of the construction of a major highway project.
  • Counsel for a contractor involved in a dispute arising from the design and installation of fuel tanks in the Northwest Territories.
  • Successfully applied to strike a claim for breach of contract on the basis of abuse of process and res judicata.
  • Successfully obtained a judgment for conversion and defended claims for malicious prosecution and defamation in a trial involving top fuel dragsters.
  • Successfully defended an electrical utility company in a trial involving a construction contract.
  • Successfully defended a residential construction company in a trial involving a custom home construction contract.
  • Successfully obtained a judgment against a contractor for residential home construction deficiencies; decision upheld on appeal.

Sample of Reported Decisions:

  • Pyrrha Design Inc v Plum and Posey Inc., 2016 ABCA 12; successfully obtained summary dismissal of an action for breach of contract; decision upheld by the Court of Appeal.
  • Krieter v Alberta, 2014 ABQB 349; successfully applied to have an environmental claim against a municipality dismissed for long delay.
  • Westridge Utilities Inc v Alberta (Director of Environment, Southern Region), 2012 ABQB 681; co-counsel in a judicial review application upholding a decision of the Environmental Appeal Board.
  • Westridge Utilities Inc v Director, Southern Region, Environmental Management, Alberta Environment, re: Rocky View County (30 November 2011), Appeal No. 10-032-D (A.E.A.B.); co-counsel in a successful hearing before the Environmental Appeal Board to have an appeal under the Water Act dismissed.
  • Pat’s Off-Road Transport v Campbell, 2010 ABQB 443; co-counsel in a successful trial against a former employee for breach of confidence and fiduciary duty.
  • Stonetile (Canada) Ltd v Castcon Ltd, 2010 ABQB 392; co-counsel in a successful trial against a former employee for breach of confidence and fiduciary duty.

Publications & Presentations

  • Author, “Case Summary: MC Imports Ltd. v. Afod Ltd.,” Intellectual Property Institute of Canada Bulletin.
  • Author, “Case Summary: Gary Gurmukh Sales Ltd. v. Quality Goods IMD Inc.,” Intellectual Property Institute of Canada Bulletin.
  • Author, “Case Summary: Reynolds Presto Products Inc. v. P.R.S. Mediterranean Ltd.,” Intellectual Property Institute of Canada Bulletin.
  • Author, “Case Summary: Maple Leaf Foods Inc. v. Consorzio del Proscuitto di Parma,” Intellectual Property Institute of Canada Bulletin.