Critical Thinking. Dynamic Approach. Practical Solutions.

Ryan’s practice encompasses a broad spectrum of complex corporate and commercial litigation matters, across a range of businesses, industries and issues.

Ryan brings extensive experience in fraud and misappropriation claims, including extraordinary remedies and injunctions. His construction litigation experience includes all aspects of Builders’ Liens, caveats, and certificates of lis pendens as well as investigations involving misappropriation of funds, construction financing, completion and performance disputes, and contractor malfeasance.

Ryan is also an experienced estate litigator, well regarded within Calgary’s relatively small estate litigation community. Greater experience in this area equates to greater leverage to the client when navigating the complicated and often acrimonious situations typical of estate litigation. Real, practical experience avoids the pitfall of learning at the client’s expense, which often puts the final outcome at risk. As a seasoned estate litigator with general knowledge of wills and estate law, Ryan is able to litigate more effectively and efficiently. This benefits both the larger and smaller estate litigation cases, often creating opportunities for smaller cases by being more affordable and maximizing the outcome of the larger, more typical cases. Ryan has handled matters on behalf of estates, beneficiaries, adult interdependent partners and other dependents, and personal representatives.

In litigating oil and gas matters, he is able to capitalize on his working knowledge and industry experience gained through years as a geophysical technical service consultant. In regards to employment law, Ryan is a litigator first which allows him to focus on practical solutions for his clients rather than defending the firm processes and precedents or towing the company line.

In representing companies and clients Ryan has successfully appeared before all levels of court in Alberta and British Columbia, the Federal Court of Canada and in response to application for leave to appeal to the Supreme Court of Canada. He has also acted as counsel in respect of claims and allegations made in the context of professional disciplinary tribunals and statutory bodies including the Alberta Securities Commission, the Real Estate Council of Alberta, Alberta Health Services, the College of Physicians & Surgeons of Alberta, and the Law Society of Alberta.

Practice Area

Commercial and General Litigation

Fraud and misappropriation investigations

  • Remedies to investigate and fight fraud such as Mareva injunctions, Anton Piller Orders and Investigations under Part 18 of the Business Corporations Act of Alberta
  • Civil fraud investigations for the financial services industry, the construction and development industry and in a number of employment and agency situations and relationships 

Construction

  • Builders’ Liens, caveats, Certificates of Lis Pendens, related encumbrances, and priority issues
  • Construction issues and disputes involving the development and improvement of land
  • Litigation and investigations involving misappropriation of funds, construction financing disputes, and contractor malfeasance

Real estate

  • Purchase and sale agreement disputes, including litigation involving allegations of misrepresentation, fundamental breach, incomplete or amended disclosure documentation, and failure or refusal to close on transactions
  • Inspector and realtor negligence
  • Contractual and general dispute resolution

Wills and estates

  • Applications for the administration of estates with and without a Will, with an unsigned Will or where another Will is produced
  • Objection to and testing the validity of Wills and Codicils
  • Dependent relief claims including by family members and common-law partners
  • Beneficiaries’ allegations regarding unfair distribution of entitlements and settlements including pre-taking of estate assets
  • Concerns or disputes about Enduring Power of Attorney and Personal Directives
  • Will disputes and challenges related to the capacity of a testator, undue influence or suspicious circumstances
  • Misappropriation of funds and misconduct of estate handling including failure to execute upon the Will and adequately probate an estate
  • Applications for family support and maintenance
  • Fulfillment by personal representatives of their responsibilities including removal of those who will not or cannot fulfill them
  • Court applications for advice and direction regarding estate administration
  • Accounting to beneficiaries and passing of accounts by executors and administrators of estates

Oil and Gas

  • Contractual and general dispute resolution
  • Lease interpretations and reviews
  • Fiduciary and contractual duties
  • Joint ventures and partnerships
  • Consulting agreements and disputes
  • Accounting, operating and royalty disputes

Corporate governance and disputes

  • Shareholder and director disputes, including shareholder buy-outs, oppression remedies, derivative suits and liquidations
  • Contractual and general dispute resolution
  • Court-appointed and private receivers and managers

Professional liability

  • Counsel in the context of claims and allegations made by and to professional disciplinary tribunals and statutory bodies including the Law Society of Alberta, the College of Physicians & Surgeons of Alberta, Alberta Health Services, the Alberta Securities Commission, and the Real Estate Council of Alberta.

Defamation

  • Counsel in the prosecution and defence of allegations of libel, slander and related defamation issues

Employment

  • Employment litigation and workplace dispute resolution, including wrongful dismissal, review and negotiation of compensation and severance offers and the interpretation and application of employment agreements, including restrictive covenants and confidentiality issues

Mortgages and foreclosures

  • Foreclosures, liens and redemption of title particularly in corporate- and investor-driven contexts
  • Court-appointed and private receivers and managers, both for debtors and creditors/receivers

Investment claims (partnerships, joint ventures, etc.)

  • Shareholder and director disputes including shareholder buy-outs, oppression remedies, derivative suits and liquidations
  • Partnership and limited partner disputes including applications for the replacement of the general partner and investigation of a limited partnership for misappropriation and fraud

Judgment enforcement and inter-jurisdictional remedies

  • Pre-and post-judgment enforcement of court orders from jurisdictions across North America

Litigation and Dispute Resolution

Bar Admission
Alberta, 2006

Education
University of Alberta, LLB, 2005
University of Calgary, BA (Hon), 2002

Professional Associations
Member, Law Society of Alberta
Member, Canadian Bar Association
Member, Calgary Bar Association
Member, Association of Certified Fraud Examiners (Director, ACFE Calgary)

Contact
D 403 407 2630
rpelletier@pelletierlitigation.ca

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