Peter D. Banks is a litigation partner in BLG’s Calgary office, practicing complex commercial and construction litigation and arbitration. With over 20 years of experience, Peter has acted on many significant matters in litigation and in domestic and international arbitration, particularly large industrial and infrastructure projects.
Peter has experience in the Court of King’s Bench of Alberta, the Court of Appeal, the Supreme Court of Canada, and in arbitration matters under ICC, UNCITRAL, ADRIC rules, as well as ad hoc arbitrations. He also has experience in large cases involving contract disputes, constitutional issues, tax issues, shareholder disputes, and injunctions. He has acted in significant cases involving claims of breach of contract, engineering issues, deficiencies, change orders, delay, liquidated damages, warranty, indemnity, and tendering issues on large projects. These matters include a wide variety of infrastructure and industrial projects such as airports, highways, bridges, LRTs, tunnels, pipelines, municipal buildings, concert halls, potash plants, carbon capture plants, sour gas processing facilities, and other industrial plants.
Peter is a former chair of The Advocates’ Society’s Construction Law Practice Group and the CBA’s Civil Litigation South Section. He is currently the co-lead of BLG’s Calgary regional appellate group. He is also a contributor to Arbitration Matters.
Peter has a BCL (with distinction) from the University of Oxford, and an LLB (with distinction and gold medallist) and BEd (with distinction) from the University of Alberta. He clerked for the Hon. Justice Major at the Supreme Court of Canada and has since appeared at the Supreme Court as counsel on four cases.
Peter provides legal services through a Law Corporation.
Supreme Court of Canada
- Reference re Impact Assessment Act, 2023 SCC 23 - constitutional challenge to the federal Impact Assessment Act.
- Toronto Star Newspapers Ltd. v. Canada, 2010 SCC 21 – constitutional challenge under s. 2(b) of the Charter to a statutory publication ban.
- Canada v. McLarty, 2008 SCC 26 – interpretation on the meaning of “expense incurred” and factual non-arm-length dealings under the Income Tax Act.
- Double N Earthmovers Ltd. v. Edmonton (City), 2007 SCC 3 – leading case in Canada on the law of tendering.
- Prepared and assisted with applications for leave to appeal to the Supreme Court of Canda and numerous responses to applications for leave, e.g. Agence du revenu du Québec v. Kone inc., 2024 SCC No. 41411
- Reference re Impact Assessment Act, 2023 SCC 23 - constitutional challenge to the federal Impact Assessment Act.
- Toronto Star Newspapers Ltd. v. Canada, 2010 SCC 21 – constitutional challenge under s. 2(b) of the Charter to a statutory publication ban.
- Canada v. McLarty, 2008 SCC 26 – interpretation on the meaning of “expense incurred” and factual non-arm-length dealings under the Income Tax Act.
- Double N Earthmovers Ltd. v. Edmonton (City), 2007 SCC 3 – leading case in Canada on the law of tendering.
- Prepared and assisted with applications for leave to appeal to the Supreme Court of Canda and numerous responses to applications for leave, e.g. Agence du revenu du Québec v. Kone inc., 2024 SCC No. 41411
Court of Appeal (Selected)
- CNOOC Petroleum North America ULC v. ITP SA, 2024 ABCA 139 – counsel at the Court of Appeal with respect to a privilege claim over records associated with a dispute concerning the design and construction of a pipeline in Canada, in which claims now exceed $700 million.
- CNOOC Petroleum North America ULC v ITP SA, 2024 ABCA 17 – counsel at the Court of Appeal and successfully applied to add a party to the appeal
- Whissell Contracting Ltd. v. Calgary (City), 2018 ABCA 204 – counsel at the Court of Appeal and successfully resisted appeal of summary judgment decision on a case arising out of the City of Calgary West LRT Project.
- CNOOC Petroleum North America ULC v. ITP SA, 2024 ABCA 139 – counsel at the Court of Appeal with respect to a privilege claim over records associated with a dispute concerning the design and construction of a pipeline in Canada, in which claims now exceed $700 million.
- CNOOC Petroleum North America ULC v ITP SA, 2024 ABCA 17 – counsel at the Court of Appeal and successfully applied to add a party to the appeal
- Whissell Contracting Ltd. v. Calgary (City), 2018 ABCA 204 – counsel at the Court of Appeal and successfully resisted appeal of summary judgment decision on a case arising out of the City of Calgary West LRT Project.
Arbitration Experience (Selected)
- Confidential Client - Counsel for an international engineering firm in an ICC arbitration arising out a large industrial project located in the Saudi Arabia.
- Confidential Client - Advising counsel abroad on the law in Canada in relation to Article 34 of the UNCITRAL Model Law.
- Confidential Client - Counsel for an international engineering firm in an ADRIC arbitration arising out of a progressive design-build project for runway redevelopment at an international airport.
- Confidential Client - Counsel for a joint venture design-build contractor in a multi-week arbitration hearing with respect to the design and construction of a major highway infrastructure project in Alberta.
- Confidential Client - Counsel for a construction manager in an arbitration and mediation with respect to the engineering and supply of tanks for an international airport.
- Confidential Client - Counsel for an EPC contractor in a nine-week arbitration hearing with the owner with respect to issues arising out of the construction of a carbon capture plant.
- Confidential Client - Counsel for an EPC contractor dispute with electrical subcontractor on a significant project.
- Confidential Client - Counsel for an owner in a six-week, multi-party UNCITRAL arbitration hearing claiming damages against two contractors and a fabricator in relation to the construction of a sour gas processing plant in northern Canada.
- Confidential Client - Counsel for an international engineering firm in an ICC arbitration arising out a large industrial project located in the Saudi Arabia.
- Confidential Client - Advising counsel abroad on the law in Canada in relation to Article 34 of the UNCITRAL Model Law.
- Confidential Client - Counsel for an international engineering firm in an ADRIC arbitration arising out of a progressive design-build project for runway redevelopment at an international airport.
- Confidential Client - Counsel for a joint venture design-build contractor in a multi-week arbitration hearing with respect to the design and construction of a major highway infrastructure project in Alberta.
- Confidential Client - Counsel for a construction manager in an arbitration and mediation with respect to the engineering and supply of tanks for an international airport.
- Confidential Client - Counsel for an EPC contractor in a nine-week arbitration hearing with the owner with respect to issues arising out of the construction of a carbon capture plant.
- Confidential Client - Counsel for an EPC contractor dispute with electrical subcontractor on a significant project.
- Confidential Client - Counsel for an owner in a six-week, multi-party UNCITRAL arbitration hearing claiming damages against two contractors and a fabricator in relation to the construction of a sour gas processing plant in northern Canada.
Litigation Experience (Selected)
- Counsel for international pipeline design and technology company in a significant case involving a dispute with respect to a claimed failure of a pipeline in Canada and involving allegations of inadequacy of the design and construction, in which claims now exceed $700 million.
- Counsel for engineering company in litigation concerning the design of a Self-Generation Plant at a Potash mine in Saskatchewan.
- Counsel for a Canadian pharmaceutical developer with respect to a worldwide injunction against activist shareholders in the U.S., Cayman Islands, and Europe in conjunction with US counsel. Injunction granted in March 2024 by the Alberta Court of King’s Bench.
- Counsel for a joint venture design-build contractor in a claim by a subcontractor with respect to a claim for force account work allegedly performed on the construction of an LRT line.
- Counsel to a joint venture design-build contractor in a claim by a subcontractor with respect to outstanding invoices for concrete work on an LRT project.
- Counsel in shareholder dispute involving claims for the oppression remedy, breach of contract, and unjust enrichment for over $100 million.
- Counsel in a dispute involving a $20 million claim for inducing breach of contract, interference with economic relations, and unjust enrichment.
- Counsel in a dispute involving a significant claim for breach of non-competition agreement and non-solicitation agreement given in $40 million sale of downhole drilling tools company.
- Regularly advising on construction disputes including on tendering issues, change orders, deficiencies, delay and liquidated damages.
- Counsel for international pipeline design and technology company in a significant case involving a dispute with respect to a claimed failure of a pipeline in Canada and involving allegations of inadequacy of the design and construction, in which claims now exceed $700 million.
- Counsel for engineering company in litigation concerning the design of a Self-Generation Plant at a Potash mine in Saskatchewan.
- Counsel for a Canadian pharmaceutical developer with respect to a worldwide injunction against activist shareholders in the U.S., Cayman Islands, and Europe in conjunction with US counsel. Injunction granted in March 2024 by the Alberta Court of King’s Bench.
- Counsel for a joint venture design-build contractor in a claim by a subcontractor with respect to a claim for force account work allegedly performed on the construction of an LRT line.
- Counsel to a joint venture design-build contractor in a claim by a subcontractor with respect to outstanding invoices for concrete work on an LRT project.
- Counsel in shareholder dispute involving claims for the oppression remedy, breach of contract, and unjust enrichment for over $100 million.
- Counsel in a dispute involving a $20 million claim for inducing breach of contract, interference with economic relations, and unjust enrichment.
- Counsel in a dispute involving a significant claim for breach of non-competition agreement and non-solicitation agreement given in $40 million sale of downhole drilling tools company.
- Regularly advising on construction disputes including on tendering issues, change orders, deficiencies, delay and liquidated damages.
