Tom Wagner, Calgary

About Tom

Tom practises in the areas of corporate/commercial litigation, arbitration and dispute resolution. He has a wide variety of experience with particular focus on complex construction and contract disputes and commercial real estate disputes.

Tom regularly represents clients before the courts of Alberta as well as in arbitrations. Tom has also acted for clients before the Supreme Court of Yukon and the Tax Court of Canada.

Tom is also an active participant in pro bono initiatives at the Firm.

Select Experience

Arbitration counsel for an owner in an ongoing, over $1-billion dispute about construction issues relating to a large pipeline project
Co-counsel for Suncor Energy Inc. in successfully defending an action seeking to set aside a C$1-billion transaction (see TotalEnergies EP Canada v. Suncor Energy Inc., 2023 ABKB 59)
Successfully representing a creditor in its challenge of proposed litigation financing in Notice of Intention proceedings pursuant to the Bankruptcy and Insolvency Act (decision reported in 2023 ABKB 263)
Arbitration counsel for an institutional landlord in a multimillion-dollar dispute about operational costs, which was successfully resolved
Arbitration counsel for a large energy company in a net profit interest dispute in the hundreds of millions of dollars, which was successfully resolved
Litigation counsel in an ongoing shareholder dispute (decisions reported in 2022 ABQB 385 and 2024 ABKB 197)
Successfully representing numerous clients in the builders' lien and Public Works Act contexts (reported decisions include 2019 ABQB 543, 2019 ABQB 769, and 2021 ABQB 184)
Litigation counsel to a large oil and gas company in a tax case before the Tax Court of Canada arising out of transactions in oilsands assets, which was successfully resolved
Litigation counsel to an oilfield services company in a multimillion-dollar dispute dealing with the CAODC form of Master Daywork contract, which was successfully resolved
Successfully representing a Crown corporation in a C$270-million arbitrated dispute relating to delays, change orders and breach of contract during the construction of a power transmission project

Awards & Recognition

Professional Appearances

Co-speaker : Update on Law of Privilege in Commercial Litigation
Blakes Business Class Webinar, May 9, 2024.
Co-presenter : Tax Litigation, Audit Updates, and Judicial Trends
Audit Updates and Judicial Trends, Blakes Business Class Seminar, November 21, 2023.
Speaker : Tips for Dealing with Price Escalations in a Changing World
BUILDEX Alberta, Calgary, Alberta, October 18, 2023.
Co-speaker : Change Order Management and De-scoping
Blakes Business Class Seminar, Calgary, Alberta, May 1, 2023.
Co-speaker : Prompt Payment & Amendments to the Builders' Lien Act
Blakes Business Class Seminar, January 27, 2023.
Co-speaker : The Art and Science of Settling Litigation and Arbitration
Blakes Presentation to In-House Counsel, December 5, 2022.
Speaker : Considerations Relating to Foreign Parental Indemnities
Blakes Presentation to In-House Counsel, National Webcast, October 27, 2022.
Co-speaker : Drafting to Address the New Builders' Lien Legislation
Blakes Business Class Seminar, June 8, 2022.
Co-speaker : Builders’ Lien Basics Presentation
Blakes Business Class Seminar, June 6, 2022.
Co-speaker : Builders’ Liens Primer and the New Prompt Payment and Construction Lien Act
Blakes Presentation to In-House Counsel, April 13, 2022.
Co-speaker : The Art and Science of Settling Litigation and Arbitration
Blakes Presentation to In-House Counsel, March 15, 2022.
Speaker : Change Orders and Extras
Blakes Business Class Seminar, November 17, 2021.
Speaker : The Art and Science of Settling Litigation and Arbitration
Blakes Presentation to In-House Counsel, National Webcast, November 5, 2021.