News & Recent Cases
January 2023: Court Upholds Injunction Against Former Employee
Justice C. Jones of the Court of King’s Bench has upheld an injunction that was obtained by Rick Billington, KC and co-counsel from Mathews Dinsdale Clark LLP against the former employee of his client. The injunction, which was granted on a “without notice” basis in May, 2022 was affirmed after hearing from all affected parties. The injunction permitted the search for and seizure of computer evidence held by the former employee. It was established that there had been a risk that key evidence would be destroyed or hidden if the employee had been given advance notice that he was being sued. Justice Jones granted an Anton Piller order and injunction and found that there was a strong prima facie case that the employee had improperly taken the plaintiff’s property, that there was a probability that the plaintiff would suffer harm, that there was convincing evidence that the former employee had incriminating documents in his possession and that he might destroy material before the discovery process could do its work. Seizure of evidence, including extensive computer records occurred at the former employee’s home, from his laptop computer and smart phone. After Rick Billington’s submissions, Justice Jones found that the former employee had been “less than forthcoming in connection with evidence of what happened”. The decision is found at this link: PTW Canada Ltd v Smith, 2023 ABKB 56 (CanLII)
November 2022: Injunction Against Business That Hired Former Employee
The Court of King’s Bench has upheld an injunction obtained by Rick Billington, KC and co-counsel Mathews Dinsdale Clark LLP in a case where a former employee went to work with a competitor of the plaintiff. The case involved an order that the competitor was required to preserve and protect all computer data that would be evidence in the claim that the competitor was benefiting from the misappropriation of confidential information by the former employee. Rick Billington and Lori Brienza had applied in June 2022 for the injunction, which was granted on an ex parte (without notice) basis to preserve electronic and paper records. At an October, 2022 hearing involving all affected parties, the court heard of the risk that the plaintiff’s former employees might misappropriate confidential information for the benefit of their new employer, an established competitor. Justice Jones found that there was a serious case made out, that the plaintiff would suffer irreparable harm if the competition was given the plaintiff’s confidential data and that the balance of convenience favoured the granting of the injunction. The original injunction was upheld as against the competitor. The decision is found at: PTW Canada Ltd v Smith, 2022 ABKB 781 (CanLII)
September 2022: Statement on the Passing of Her Majesty, Queen Elizabeth II:
Billington Barristers are profoundly saddened by the passing of Her Majesty, Queen Elizabeth II. Richard Billington, K.C. stated “Through her life of unfailing service, dignity and respect for the role of a constitutional monarch in the Canadian, British and other Commonwealth realms, Queen Elizabeth has embodied the finest attributes of the Westminster parliamentary system as the greatest safeguard of democratic governance. Her role as one who may ‘consult, advise and warn’, but not interfere in the democratic decisions of her elected parliaments has proven time and again the merit of having a non-political head of state. She has been a unifying force in the history of Commonwealth nations, having commenced her reign with Winston Churchill as her first British Prime Minister, later knighting him. Doing her duty to the last, she invited Liz Truss to form a government only two days before her passing. 15 British Prime Ministers, 12 Canadian Prime Ministers and 15 Australian Prime Ministers served while she was monarch. Her devotion to the Commonwealth, support for the ending of apartheid in South Africa and her reassuring presence in times of crisis and national celebration will be missed. During her reign, the hallmark merit of a constitutional monarchy was achieved with the peaceful constitutional evolution of its members, with some electing to become republics, with the devolution of Scotland, Northern Ireland and Wales, with her role in the rapprochement between the United Kingdom and the Republic of Ireland and with the peaceful patriation of the Canadian constitution. Other nations require wars and violent revolutions to achieve ends far less effective.”
With the accession to the throne of King Charles III, the Alberta Court of Queen’s Bench is automatically renamed as the Alberta Court of King’s Bench. All former Queen’s Counsel are now King’s Counsel and will bear the post-nominal “K.C.”
August 2022: Arnold Breitkreutz criminally convicted and sentenced in Base Mortgage fraud:
Justice Colin Feasby has sentenced to Arnold Breitkreutz, 74, to a ten year term of imprisonment for his role as the mastermind behind the massive Base Mortgage ponzi scheme. Bilking dozens of investors over several years, Breitkreutz was convicted in June. The court’s decision in that conviction is found here: R v Breitkreutz, 2022 ABQB 449. The sentencing decision in August is found here: R v Breitkreutz, 2022 ABQB 559.
Billington Barristers acted for the Receiver of Base Mortgage and Base Finance for much of the receivership period, examining Arnold Breitkreutz under oath, tracking down and realizing on several million dollars worth of assets, and establishing a court supervised process for determining how recovered funds were to be distributed to victims. Breitkreutz’ colleague, Susan Way was previously criminally convicted for her role in the scheme. https://calgaryherald.com/news/crime/calgary-senior-gets-three-year-sentence-for-role-in-multi-million-dollar-ponzi-scheme
July 2022: Rick Billington, Q.C. to Address National Fraud Conference on Employer Protection against Departing Employees
The Association of Certified Forensic Investigators of Canada has again invited Richard Billington, QC to address its annual fraud conference. On October 3, 2022. Rick’s topic will be “The Midnight Runner: Employer Protection Against Fraud by Employees & Departing Employees”. This presentation will focus on the judicial remedies available to protect employers from employees who are engaged in the misappropriation of trade secrets or other intellectual property, who are violating their contractual, equitable or common law duties, and in enforcing non-disclosure, non-solicitation or non-competition agreements. The conference brochure is found here: 2022 AACFI Annual Conference Brochure
June 2022: Richard Billington, Q.C. in his 28th Anton Piller Case:
Richard Billington, QC has extensive experience in extraordinary remedies to fight fraud, protect intellectual property, defend employers upon the departure of key employees and to safeguard evidence that may be at risk of destruction if the defendant is a risk of hiding, altering or destroying if given notice of litigation against them. He has often acted for Plaintiffs in obtaining these orders, which carry with them particular ethical onus on the applying lawyer. He has also acted for defendants in challenging these extreme orders. Richard Billington, QC has also been appointed by the court as Independent Supervising Solicitor on numerous occasions, charged with executing the Order on behalf of the court, explaining it, and in seizing and analysing evidence. Rick Billington is currently engaged in his 28th Anton Piller matter.
May 2022: Covid restrictions easing in Alberta courts:
Many of the restrictions on personal appearances in Alberta Courts are gradually being eased. While most court appearances were being held virtually, video appearances are being replaced by the need for personal attendance by litigants and counsel. It is expected that this will continue incrementally as Covid-19 becomes more endemic and less of a pandemic.
March 2022: Richard Billington, Q.C. in major shareholder oppression claim
Billington Barristers are retained as co-counsel with Mathews Dinsdale Clark, LLP in a claim for oppression and recovery of shares against the former president of a closely held oil and gas exploration corporation. Billington Barristers are often retained to work in concert with other firms, adding experience in oppression, equitable remedies and litigation practice.
March 2021: Rick Billington to Address the Association of Certified Fraud Examiners
Richard Billington, QC will be speaking at the Calgary conference on Anton Piller Orders and Practice. The conference will be in May, 2021. Rick will be sharing his significant experience in these powerful orders that are used to preserve evidence that is at risk of destruction. They are most often used in cases involving fraud or theft of intellectual property. Presenting with Rick will be Greg Draper, head of forensic investigations at MNP. They will discuss practical issues in executing on what are informally known as “civil search warrants”, discussing cases that they have been involved in including a recent seizure of documents during the COVID – 19 pandemic. Rick will also update participants on recent judicial pronouncements and critique circumstances where these extraordinary remedies have been improperly obtained or executed. Rick Billington has acted as counsel in almost three dozen Anton Piller cases.
March 2021: Criminal Convictions in the Base Finance Fraud
Billington Barristers acted as counsel for the Receiver in the Base Finance and Base Mortgage receivership, the largest Ponzi Scheme fraud in Alberta history. The Receiver investigated and recovered the remaining assets and proceeds were returned to the defrauded investors. Cooperation was also given to the Alberta Securities Commission and the Crown Prosecutor. The principals behind this long running scheme have now pleaded guilty to criminal charges.
See more coverage in the Calgary Herald: Investors risked up to $27 million in Ponzi scheme run by Calgary company, court told.
Sentencing is scheduled to occur in June and July of 2021.
February 2021 - Susan Billington, QC receives the 2021 Distinguished Service Award
Billington Barristers is pleased to share the news that Susan Billington, QC has been awarded the 2021 Distinguished Service Award for Service to the Legal Profession. Please see the notice below:
Announcing the 2021 Distinguished Service Award Winners!
Jointly presented by the Law Society of Alberta and the Canadian Bar Association – Alberta Branch, the Distinguished Service Awards recognize outstanding members of Alberta’s legal community for their service to the profession, service to the community, service to legal scholarship and pro bono legal service. The 2021 Distinguished Service Awards are taking place on Wednesday, Feb. 10 at noon, register here. We invite you to attend and celebrate the outstanding members of the legal community being recognized this year:
Service to the Profession – Susan V.R. Billington, QC
Service to the Community – Cyril S. Gurevitch, QC
Legal Scholarship – Professor Steven Penney
Pro Bono Legal Service – D. Jean Munn, QC
If you have any questions about this event, please email CBA Alberta.
July 28th, 2020 - Alberta Human Trafficking Task Force hears from Rick Billington
The Alberta Human Trafficking Task Force was established by the Alberta Government to investigate the nature and extent of human trafficking in Alberta. Richard Billington, Q.C. was requested to present to the Task Force on the legal framework on prohibitions against human trafficking in Canada, and to comment on recent developments in the law. His presentation included a history of Criminal Code amendments to combat human trafficking, including the criminalization of conduct by Canadians who participate in or enable human trafficking outside of our national borders. Rick also presented his comments on the new provincial legislation, the Protection of Survivors of Human Trafficking Act. He responded to the Task Force’s questions and comments about Supreme Court attitudes and legislation in other jurisdictions. Task Force Chair Paul Brandt noted Rick’s long standing commitment to fighting human trafficking.
July 2020 - Fraud in the time of COVID
Many business have had to change their procedures in the face of COVID-19 restrictions. In some cases, the changes have exposed weaknesses in financial controls. Fraudsters are always looking to exploit any weaknesses they can find. Billington Barristers have extensive experience in remedies to fight fraud. We were recently counsel to the Receiver in the largest Ponzi Scheme in Alberta, Base Mortgage, where we recovered assets on behalf of victims, investigated the principals of the business and cooperated with the Alberta Securities Commission. Our experience also involves taking rapid action against Controllers, Directors or partners who misappropriate funds or corporate opportunities. We work extensively with the most experienced computer forensic accountants in the country. If you believe that your organization has been victimized in a fraud, contact Richard Billington, Q.C. to discuss your options.
March 31, 2020: Alberta passes Protection of Survivors of Human Trafficking Act – powerful remedies are now available to combat human trafficking.
Human trafficking is modern day slavery, and in one of three main forms, is found in most countries. Human trafficking generally consists of forced labor, sexual exploitation of the young or unwilling and involuntary organ harvesting. These are prohibited by Canadian criminal law and by international conventions. The United Nations identifies human trafficking as modern-day slavery in which the victims are denied free choice or autonomy over their bodies or labour.
The Alberta government has recently taken two major steps to combat human trafficking in our province.
First, the Province of Alberta has adopted the Protection of Survivors of Human Trafficking Act. This legislation empowers the court to issue Protection Orders to:
- Prohibit persons from approaching or communicating with a victim,
- Prohibit the person from attending at or near a school, home or workplace or other place frequented by the victim,
- Force the person to return photos, recordings or visual representations of the victim, to the victim and to prohibit their distribution,
- Force the return of pets, property (including passports, immigration papers, driver’s licences, keys and vehicles) to the victim.
These are just a sample of the powers granted to the court. They are broader and can be tailored to the circumstances of each individual victim.
The Act permits a warrant to be granted, on the application of the police or other appropriate person, to enter into a place and to search for, assist or examine the victim and to remove any child or, with the victim’s consent, the victim themselves from that place to a safe location. The court may also order that there be a ban on publication of information identifying the victim.
The Act also creates the tort of human trafficking, permitting victims to sue for general, special, aggravated an punitive damages, to hold the defendant to account for any profits derived from engaging in human trafficking and for an injunction on such terms as are appropriate.
Richard Billington, Q.C. has experience in drafting legislation and advocating for victims of Human Trafficking, having assisted former Member of Parliament Joy Smith to prepare two amendments to the Criminal Code which were passed into law. He also has extensive experience in successfully applying for precedent setting injunctions.
The second major step taken by the Alberta government is the creation of the Alberta Human Trafficking Taskforce. This taskforce, chaired by country music star Paul Brandt, a long time advocate for victims of human trafficking and head of the Not In My City society, will hear from victims, experts and community members to review the state of human trafficking in Alberta and to make recommendations to the government. More details on this task force can be found at: Human Trafficking Task Force website
May 2020 - Business Interruption Insurance and the Coronavirus Pandemic
Businesses in Alberta and throughout Canada have had to close down or curtail operations as a result of the global Covid-19 pandemic. Some businesses have been closed by government order. Others have chosen to shut their doors because their customers started isolating at home, and the reduction in customer traffic made it impossible to operate profitably.
March 16, 2020 - Billington Barristers response to COVID-19
In light of the COVID-19 pandemic, Alberta Courts have greatly restricted access and have cancelled or rescheduled many hearings. The Court remains open for “emergency” and “urgent” matters, many of which are frequently handled by Billington Barristers. These include orders that are related to the COVID pandemic, injunctions (including Anton Piller and Mareva type orders), preservation orders and certain proceedings in Receiverships and commercial matters under the Companies Creditors’ Arrangement Act.
Billington Barristers will remain open unless there is a government requirement to close. We expect that the Court, particularly the Court of Queen’s Bench, to remain open for emergency and urgent matters and we are ready to serve our clients’ needs.
At Billington Barristers, we have extensive experience in dealing with the matters the Court has designated as “emergency” and “urgent”.
Billington Barristers are ready to respond in this rapidly developing crisis situation.
As part of our response to the virus, our team will be practicing remotely from home as much as is practicable. Our staff will rotate between attendance at the office and remote work from home. We advise that the best way to communicate with our lawyers and staff will be by e-mail. In-person meetings are generally being rescheduled or set as teleconferences in order to aid in “social distancing” and to minimize exposure of our clients to other persons.
Many matters previously scheduled for court hearing are subject to a blanket adjournment order. Unless matters are emergencies or urgent, they will not be dealt with by the Court until March 27 at the earliest. The Court has advised that it may revise that date.
It is important to note that limitation periods are not affected by this announcement, and most deadlines in the course of litigation are not affected. Court remains open for the filing of documents, including originating proceedings.
The Court of Queen’s Bench announcement can be found at this link: Alberta Courts COVID-19 Suspension of Sittings
The Court of Appeal has also announced changes to some of its procedures, generally requiring video or teleconference attendance in lieu of the usual personal appearances required of counsel and litigants. The Court of Appeal’s announcement is found at: https://www.albertacourts.ca/ca/publications/announcements/notice---covid-19
If you have questions about how this affects your matter, we are ready to respond.
January 2020: Susan Billington, Q.C. and Richard Billington, Q.C. Judge Faculty of Law Trial Moots:
The annual UCalgary Faculty of Law Trial Moots were held at the Calgary Courts Centre on January 25. The annual competition by law students focuses on trial presentation, evidence and witness examinations and cross-examinations. Judged by justice of the Court of Queen’s Bench, Provincial Court judges and senior counsel, the event is an important aspect of the Faculty of Law’s emphasis on practical courtroom skills and oral advocacy. Billington Barristers’ Susan Billington, Q.C. and Richard Billington, Q.C participated in judging the event. Billington Barristers has a long-standing, recognized commitment to excellence in oral advocacy.
December 2019: Billington Barristers Obtain Emergency Injunction to Halt Home Construction in Violation of Restrictive Covenant:
A homeowner purchased an executive home in an exclusive new residential development. A restrictive covenant protected all homeowners so that all homes in the community would be built to a particular style and standard. When it became clear that the home across the street was being built in violation of that restrictive covenant, Richard Hayles and Rick Billington, Q.C. obtained an emergency injunction to halt construction of those parts of the house that violated the restrictive covenant. The injunction, granted by Queen’s Bench Justice Bernette Ho prevented the owner and builder from completing the construction until the design was modified to comply with the terms that are incorporated into the land title for all owners in the community.
October 2019: Billington Barristers Completes Complex Oppression Action:
Billington Barristers has successfully completed a multi-million dollar claim for oppression against a business and its directors. The claim, which involved detailed corporate valuation of a well known business, an oppression remedy and collateral litigation in multiple provinces, focused on obtaining payment for the full share of the claimant’s shareholdings. The file involved the expertise of each of Richard Hayles, Susan Billington, Q.C. and Richard Billington, Q.C. The business had been jointly held by a married couple. Upon their separation, the client, the wife, was improperly excluded from participation in running the affairs of the business and was denied access to information. Prior to Billington Barristers’ involvement, over two dozen legal and accounting professionals had been involved in her matter. It was Billington Barristers who developed and executed the litigation strategy that resulted in the recovery of substantial real estate assets and payment of the full value of her shareholdings as determined by the court.
In matters of corporate oppression and breach of fiduciary relations, Billington Barristers are recognized Experienced Litigation Counsel.
June 2019: Billington Barristers’ Experience When Alternate Counsel Are Required:
Our firm has a particular history in representing clients who for a variety of reasons require new counsel to assume conduct of their litigation. Sometimes a conflict may arise, sometimes it evolves into an action that initial counsel don’t have enough background in, or there may be other reasons. Clients look to us to take over carriage of their file, sometimes to repair steps or results that have previously occurred. Whether in chambers, trial or appeal matters, your can count on our litigation experience.
January 2019: Rick Billington Q.C. wins Fraudulent Preference Trial:
Rick Billington, Q.C. was successful counsel in defeating the action. It went to trial before the Hon. Justice P. Jeffrey in December, 2018. The trial was a claim by a lawyer against a former client, alleging that the transfer of a property the client participated in was fraudulent. Rick Billington, Q.C. said “Our argument was that the plaintiff lawyer abused his duties to his client by accusing her of fraud when he had privileged information that contradicted his claim. We are gratified that Justice Jeffrey found for our client, one of the defendants, who had done nothing wrong. Our client is particularly gratified that enhanced costs were awarded against the plaintiff.”
September 2018 – Richard Billington, Q.C. spoke at the Legal Education Society of Alberta’s courses on Advanced Matrimonial Litigation on the topic of “Corporate Mischief”.
Mr. Billington instructed Alberta lawyers in the involvement and Rules related to handling of corporations in matrimonial property disputes. These included the rights of shareholders, obligations of directors and the rights of other affected parties beyond that of the spouses who hold an interest in a corporation.
Remedies to seek rapid relief against fraud, oppression, dissipation of assets and alteration or destruction of evidence were discussed at two seminars, one in Calgary, the other in Edmonton.
September 2018 – Billington Barristers marks 35 years of supporting oral advocacy at the University of Calgary Law School.
Susan Billington, Q.C. and Richard Billington, Q.C. addressed students of the Faculty of Law at the University of Calgary on “Secrets of the Blackstone Debates” to prepare them for the law school’s upcoming annual debate tournament. This marks the 35th year of support for the University of Calgary Faculty of Law mooting and debating program by both Susan and Rick Billington. Rick Billington was a member of the only debate team to have won the Blackstone Debates in all three years of law school and Susan Billington was the first female winner of the Blackstone Debates. In addition to coaching students, both Susan and Rick have adjudicated the debate tournament. Rick Billington and his debate partner, the late Geoff Baker, Q.C., contributed the Baker Billington cup to be awarded to the top oralist in the law school’s annual competition.
Billington Barristers is proud to also provide support for mooting competitions by coaching and adjudication.
In addition to support for the Faculty of Law, Rick Billington has also provided 25 years of support to the Faculty of Managements Debate Team at the Canadian Intercollegiate Business Competition.
May 2018 – Richard Billington, Q.C. speaks on remedies to fight fraud.
Richard Billington, Q.C. of Billington Barristers was part of the faculty at the 51st Lawyers Annual Refresher held in Lake Louise, Alberta, sponsored by the Legal Education Society of Alberta.
Billington Barristers has been nominated by Canadian Lawyer magazine as one of Canada’s top civil litigation boutique law firms!
Voting is open to lawyers, managing partners and in-house counsel until March 5, 2018. We would value your support and have been honoured to be nominated!
Rick Billington, QC was interviewed by CTV National News reporter Mercedes Stephenson regarding the appointment of Alberta Justice Sheilah Martin to the Supreme Court of Canada.
Justice Martin has a long and distinguished career in private practice, as Dean of the University of Calgary Law School and as a jurist with the Alberta and NWT courts. Rick has had many complex and precedent setting cases before Justice Martin during her time on the Alberta Court. The appointment of Justice Martin will fill the vacancy left by the retirement of Chief Justice Beverley McLachlin in December 2017.
Congratulations to Justice Martin on her appointment to the Supreme Court of Canada from all of us at Billington Barristers.
Legal Archives Society of Alberta (LASA) Annual Historical Fundraiser Dinner
Susan Billington, QC sits on the Board of Directors of the Legal Archives Society of Alberta (LASA). LASA is pleased to invite you to its annual historical dinner featuring the Hon. John Reilly who will be speaking on Re-Thinking Justice: A Judge’s Struggle for Real Justice. Tickets are $175/person and are available on the LASA website, at email@example.com; or by calling the LASA office at 403-244-5510.
June 2016 - Movie Premiere of The Agreement
Susan Billington, QC appears in the movie premiere of The Agreement on June 16, 2016. The short docu-drama film was commissioned by the Legal Archives of Alberta to commemorate the involvement and sacrifice of those in the legal profession in Alberta who came forward in the defence of liberty in the First World War. The short docu-dram is based on…
June 2016 - Susan V.R. Billington, QC and Alyx Nanji (student-at-law) of Billington Barristers attended the Global Petroleum Show held in Calgary from June 7 – 9, 2016
“Billington Barristers particularly wanted to attend the Petroleum Show this year to show our support of the players in the petroleum and natural gas industry in Alberta. The Petroleum show is a bit smaller this year as the Alberta industry is experiencing tough times. Having the right lawyers on your side when you need them to provide timely legal advice...
November 12, 2015 - Susan Billington, QC introduces featured speakers at the Legal Archives Dinner – Honouring Two of Our Best
The Legal Archives Society of Alberta hosted its annual Historical Dinner at the Fairmont Palliser and honoured two of its best – the Rt. Hon. R. B. Bennett and The Hon. J.H. Laycraft. Susan Billington introduced the two featured speakers. First, Gordon Brown, Q.C. who spoke of the life and times of R.B. Bennett, the first President of the Canadian Bar…
November 2015 - Susan Billington, QC- featured article in Law Matters
The Fall 2015 edition of Law Matters, the newsletter of the Canadian Bar Association Alberta Branch, features an article by Susan Billington, QC entitled Reflections on a Lawyer Profile. This article outlines the 18 professional and personal characteristics of a lawyer and addresses the challenges in the delivery of legal services...
September 2015 - Rick Billington presents at the Anti-Money Laundering Conference
Richard Billington, Q.C. presented a seminar on “Civil Actions to Combat Money Laundering and Fraud” at the annual national conference on Money Laundering in Canada, sponsored by ABCS (About Business Crime Solutions). Held at the Banff Springs Hotel, attendees included a national audience of law enforcement officers, corporate compliance officers, lawyers, accountants and bankers...
July 2015 - Billington Barristers welcomes Alyx Nanji
Billington Barristers is pleased to welcome Alyx Nanji as an articling student. Alyx will be introduced to the firm’s clients and provide assistance to our lawyers while completing the final year of training before he is to be called to the bar. Alyx will be trained in advocacy during this time, and will be exposed to corporate and commercial litigation,...
May 2015 - Richard Billington, Q.C. Addresses National Forensics Conference
The Association of Certified Forensic Investigators heard from Richard Billington, Q.C. at its national conference. The event, which took place in Toronto, heard Rick Billington speak on the topic of “Ferreting Out and Seizing Assets and Evidence”. He spoke of recent developments in legal remedies to preserve assets and evidence that are at risk of destruction, alteration or removal in...
March 2015: Susan Billington Named “Unsung Hero” by Canadian Bar Association Magazine
The current issue of Law Matters has named Susan Billington, QC as an “Unsung Hero”, and recognizes her leadership in the legal profession and her extensive volunteer work in the community. The magazine is published by the Canadian Bar Association (Alberta) and speaks of her passionate dedication to providing free legal advice and representation to those who otherwise couldn’t afford...
January 2015 - Rick Billington to speak to Anti-Money Laundering Conference
About Business Crime Solutions’ annual national Money Laundering in Canada conference, which will be held in Banff in September of 2015. Richard Billington, Q.C. will present a seminar on “Civil Actions to Combat Money Laundering and Fraud” before the national audience of law enforcement officers, corporate compliance officers, lawyers, accountants and bankers. Click here for details....
December 2014 - Billington Barristers Awarded “Best in Injunctions - Canada” and “Best in Intellectual Property Litigation – Canada"
Acquisition International described their methodology in conducting the award process: Our award winners are determined through a rigorous process, which starts when we open the ballot boxes and distribute the voting forms through our partners within the industry. We combine the votes received – alongside supporting evidence – with our own in-house research to arrive at our final winners' list. This comprehensive…
December 2014 - Billington Barristers Provides Representation and Consultation on Corporate Governance and Fiduciary Obligations
Canadian case law has recently increased the obligations of corporations to conduct their affairs in good faith. This combines with a steady trend over the past several years that has emphasized the fiduciary responsibilities owed by directors of corporations, and of the obligations of business partners or joint ventures. Billington Barristers is experienced litigation counsel, whether acting for corporations, directors…
June 2014 - “Attack Fraud”
Billington Barristers continues to develop its experience in actions to attack civil fraud. “There are times when the criminal process cannot or will not be able to provide the appropriate remedies to preserve evidence or recover assets that are in the hands of wrong-doers,” said Richard Billington, Q.C., head of Billington Barristers. “We bring extensive experience in obtaining and executing…
April 2014 - Rick Billington, Q.C. Addresses Conference on Fraud and Computer Forensics
Rick Billington, Q.C. participated on an expert panel addressing a gathering of Entrepreneur’s Organization Calgary on the topic of Fraud in Business. The panel, consisting of lawyers, an accountant and computer forensic investigators was organized by MNP. It provided a multiple-disciplinary discussion of the latest developments in technical and legal issues encountered in combating fraud and breaches of fiduciary obligations.
December 2013 - Billington Barristers completes appointment by Court in complex commercial matter.
Billington Barristers has completed its engagement as Independent Supervising Solicitor (ISS) in the case Catalyst Systems v. Catalyst Canada Inc. As Independent Supervising Solicitor, Richard Billington, Q.C. headed a legal team that executed an Anton Piller Order simultaneously in three different towns, in a total of five business or residential premises. The appointment as ISS, made by Justice Ron Stevens,…
December 2013 - Billington Barristers Awarded Recognition for Top Litigation Boutique in Alberta
Acquisition International, a London, England based monthly magazine dedicated to global industry analysis of financial transaction professionals has recognized Billington Barristers as the top litigation boutique in Alberta. Jane Peter, Chief Coordinator of the 2013 Legal Awards stated “the year has not been without its challenges for the legal community but it’s clear from the evidence received that the industry’s…
September 2013 - Billington Barristers Marks 30 Years of Support for Faculty of Law Mooting and Debating
The Faculty of Law has again invited Richard N. Billington, Q.C. to conduct debate instruction and to adjudicate at the law school’s annual debate competition. This event, pitting 30 teams from within all three years of the law school against one another focuses on oral advocacy. Cross examination and final summation skills are emphasized. The Blackstone Debates were commenced 33…
August 2013 – Announcement
In late 2012, a foreign multi-national heavy equipment broker retained Billington Barristers to pursue a fraud claim against a sub-broker located in Alberta. The fraudster employed a variety of schemes, such as shipping damaged or used equipment instead of the remanufactured items that our client had ordered, to defraud the client of a substantial amount of money. The fraudster’s actions…
March 2013 - Queen’s Bench Appoints Billington Barristers as Independent Supervising Solicitor in Complex Anton Piller Matter
Billington Barristers has again been appointed by the court to oversee a complex Anton Piller Order, this time involving the simultaneous execution of the order in three different towns, and in five locations. Justice Paul Jeffrey of the Court of Queen’s Bench of Alberta appointed Richard Billington, Q.C. to supervise the process, which is informally known as a civil search…
October 2012 - Billington Barristers Congratulates Susan Billington, Q.C. on Award
Susan V.R. Billington, Q.C. has been named as an award recipient of the Women in Law Leadership Awards. The award recognizes Susan’s contribution to the legal profession and community in the category of Leadership in the Profession (Broader Roles). The award will be presented at a banquet on November 1, 2012 in Calgary. Click here for more details about the…
October 2012 – Billington Barristers welcomes Richard Hayles
Richard Billington, QC, head of Billington Barristers is pleased to announce that Richard Hayles has joined the firm as counsel. Richard is an experienced insurance and commercial litigation lawyer who has relocated his practice from Toronto. He is the author of Disability Insurance: Canadian Law and Business Practice , published by Carswell. Richard adds recognized insurance expertise and brings his substantial…
April 2012 - Canadian Lawyer Magazine Awards Honourable Mention to Billington Barristers in 2012 listing of Canada’s Top Litigation Boutiques.
Following its first nomination in Canadian Lawyer Magazine’s annual survey of the nation’s top litigation boutiques, Billington Barristers has been awarded Honourable Mention, placing it in the company of only 12 other Canadian litigation boutiques. Canadian Lawyer described its selection process “We ran a short online survey and from there, we drew on the experience of in-house counsel and large-firm…
March 2012 – Billington Barristers Litigation Team: Experienced Shareholder Oppression Counsel.
The past two years have seen a substantial increase in the number of actions being conducted in Alberta in which it is alleged that corporate directors or managers have acted oppressively or with unfair prejudice to the interests of corporate stakeholders, including shareholders, fellow directors and affiliated corporations. Billington Barristers, led by Richard N. Billington, QC have significant experience in…
March 2012 – Billington Barristers welcomes Judd Blitt
Judd Blitt has joined the team at Billington Barristers. Judd is a graduate of the Faculty of Law at the University of Alberta and has practiced in Calgary since then. His experience compliments our client’s requirements, with experience in appeals, trials and chambers applications, particularly in the area of corporate litigation, Oil & Gas disputes and in respect to investment…
March 2012 - Billington to address Entrepreneur Organization Calgary on Commercial Fraud
March is fraud prevention month. Rick Billington, QC will participate in a panel discussion on commercial fraud at Hotel Arts on March 6, 2012. The event, which will include forensic accountant Brian Tario of MNP, forensic investigator Iain Kenny of MNP and lawyer Steve Major of Bennett Jones LLP will be held at Hotel Arts. Billington is recognized setting precedent…
February 2012 - Billington-Baker Cup awarded at University of Calgary Law School
The trophy for top debater at the University of Calgary Faculty of Law was awarded on February 7, at the annual Blackstone Debates. Alastair MacKinnon was presented with the Billington-Baker cup by Richard Billington, QC of Billington Barristers. The Blackstone medals for top team were awarded to Lily Rabinovitch and Tim Stock-Bateman, and were awarded by Tema Blackstone, daughter of…
February 2012 – Billington Barristers nominated for top litigation boutique in Canada
Canadian Legal Newswire, publisher of Canadian Lawyer and Law Times magazines, has nominated Billington Barristers in its survey of the top ten litigation boutiques in Canada. Our firm is one of only five boutiques on the prairies to be nominated, and one of only four Alberta firms receiving a nomination. Said Rick Billington, QC: “we are pleased to receive this…
January 2012 – Billington Moderates Ethical Oil Debate
Alberta lawyers viewed a showcase debate on the ethics of oilsands development, moderated by Richard N. Billington, QC of Billington Barristers. Greenpeace activist Mike Hudema and journalist Ezra Levant debated the resolution: “That the Oilsands/Tarsands are the most Ethical Oil on Earth” at the Alberta Law Conference held in Calgary on January 27, 2012. Levant, currently with Sun News Network,…
November 2011 - Richard Billington, Q.C. to Speak at Faculty of Law
Rick Billington (class of 1983) will be instructing law students in oral advocacy and debate techniques at a session to be held at the Faculty of Law, University of Calgary in January 2012. “Secrets of the Blackstone Debates” will be taught along with Susan V.R. Billington, Q.C. (class of 1985). The session will prepare law students for the annual Faculty…
October, 2011 – Billington Barristers represents Trustee of Orion Industries Ltd.
Orion Industries Ltd. was petitioned into Bankruptcy on June 28, 2011. Richard Billington, QC has been appointed as counsel for the Trustee in Bankruptcy, Grant Thornton Alger Inc. A listing of court filings, including Trustees Reports is maintained on the website of the Trustee.…
August 2011 – Billington Barristers says farewell to our summer student, Tahir Chaudhary
Tahir has successfully completed his summer student term with Billington Barristers. We wish Tahir all the best in his third year of studies in the faculty of law at the University of Calgary...
July 2011 – Richard Billington, Q.C. to Chair the Alberta Law Conference Advanced Advocacy Skills Panel
Alberta lawyers annually gather at the Alberta Law Conference in order to participate in continuing professional development, to discuss ethical and practical issues facing lawyers, and to recognize outstanding contributions to society and the profession. Richard Billington, Q.C. will be chairing the Advanced Advocacy Skills Panel at the upcoming conference, to be held in Calgary in January, 2012. The panel…
March 2011 – Richard Billington, Q.C. judges final round of Canadian Jessup International Moot
As part of Billington Barristers’ commitment to the mentorship of young lawyers, Richard Billington, Q.C. adjudicated at the final Canadian round of the White & Case Canadian National Division Qualifying Tournament of the Philip C. Jessup International Law Moot Court Competition, held in Calgary. This competition between top students of 15 Canadian law schools dealt with an international complaint between…
March 2011 – Extraordinary Remedies to Combat Shareholder Oppression, Corporate Fraud and Breach of Fiduciary Obligations
Richard Billington, Q.C. has significant experience in employing remedies in cases where shareholders have grounds to believe that their rights have been oppressed, or where their interests may have been dealt with fraudulently, and he frequently speaks on these remedies to professional associations and academic conferences on his expertise. All lawyers in Billington Barristers are familiar with obtaining court orders…
February 2011 - Richard Billington, Q.C. Addresses National Conference
Rick Billington addressed the Canadian Institute’s conference on Provincial and Municipal Liability, held in Toronto on February 8 and 9, 2011. He was invited to address this national audience on two issues of current prominence in Canadian law. First on the issue of municipal and provincial authority and liability arising when objects blow or fall off of buildings under construction.…
October 2010 – Mandatory Mediation of Civil Disputes – Richard N. Billington, Q.C. as Mediator
The New Rules of Court require litigants in all Court of Queen’s Bench of Alberta civil actions to participate in mandatory mediation of their claim before it may be entered for trial. Counsel wishing to avoid the wait for mediation through the Calgary Courts Centre are able to retain private mediators to conduct their required mediation. Richard N. Billington, Q.C.…
October 2010 – Billington Barristers moves to Elveden House
Billington Barristers has relocated its office within downtown Calgary, to 1910 Elveden House. 717 – 7th Avenue S.W. Calgary, Alberta, T2P 0Z3. The new location, one block away from the Calgary Courts Centre, is in the heart of the downtown core. Our new office is particularly suitable for conducting mandatory mediations of civil disputes, which are required by the new Alberta…
July 2010 - Award of Significant Court Costs Enhances Arbitration Clauses, Abuse of Process nets Single and Double Solicitor and Own Client Costs
The Court of Queen’s Bench of Alberta has imposed significant punishment on plaintiffs who proceeded with litigation in court rather than limit their claim to an arbitration process, as required by contract. Billington Barristers, acting for the Defendant obtained a dismissal of the Plaintiffs’ action on the first day of trial. Subsequently, the Plaintiffs were ordered to pay Billington Barristers’…
June 2010 - Billington Barristers successfully concludes Shareholder Oppression Action and In Camera Investigation
Billington Barristers was retained by a director and shareholder of a private corporation who was concerned that a fellow director/shareholder was misappropriating funds. A deadlock between the only two directors and shareholders would have crippled the business. Billington Barristers developed a strategy to obtain a court ordered independent forensic accounting of the corporation’s affairs, and to do so on an…
January 2010 – Richard N. Billington, Q.C. addresses The Canadian Bar Association
The Canadian Bar Association heard a presentation by Rick Billington at the January 2010 Alberta Law Conference in Calgary. Entitled “Nothing but the Hole Truth”, Rick Billington discussed his experience in pioneering equitable remedies to augment the statutory power afforded to municipal governments. As a result of the economic downturn of 2008/2009, Alberta municipalities were faced with numerous deep excavations…
December 2009 - Significant decision on remedies for breach of freehold oil and gas lease obtained by Billington Barristers
Justice D. Miller of the Court of Queen’s Bench of Alberta has rendered judgment in a significant case clarifying the remedies that are available to the owners of freehold oil and gas rights when operators continue to produce from their land after the lease has expired. Canpar Holdings Ltd. and Petrovera Resources v. Petrobank Energy and Resources Ltd. considered the…
October 2009 – Billington Barristers, City of Calgary cited in Canadian Lawyer Magazine
The October 2009 edition of Canadian Lawyer Magazine reviews the situation faced by The City of Calgary when it found itself having to deal with a series of very large, abandoned excavations. The article's author writes: Abandoned construction sites are creating safety concerns, threatening the integrity of infrastructure, and sending City of Calgary lawyers scouring through municipal law to find…
September 2009 - Richard N. Billington, Q.C. quoted in Calgary Herald
Rick Billington was quoted in the September 17, 2009 Calgary Herald. He provided comment on when causes of action survive in the case of the death of an individual litigant who was also the shareholder of a corporate litigant.
September 2009 - Richard N. Billington, Q.C. addresses national insolvency conference
Rick Billington addressed the Canadian Institute’s Western Canadian conference “Advanced Insolvency Law & Practice”, held in Vancouver, British Columbia, September 2009. He was the Moderator and Speaker at the panel “Understanding the Interplay of Real Property Laws with Insolvency Regimes”. He spoke on his court experience in addressing the obligations of landowners who have commenced major excavations, but who have…
February 2009 - Billington Barristers appoints Receiver over abandoned excavation site on behalf of The City of Calgary
Madam Justice A. Kent of the Court of Queen’s Bench of Alberta has granted the application of Richard N. Billington, Q.C. to appoint a receiver over land where a major excavation was abandoned, creating a public safety hazard. The site in question, Manchester Station, in south Calgary near Chinook Centre, has been subject to an Order made by the City…
October 2008 – Billington Barristers obtains precedent-setting injunction in federal election
The Court of Queen’s Bench of Alberta has awarded a precedent setting injunction to clients of Billington Barristers. The injunction was granted to the Conservative Party of Canada and Devinder Shory Campaign on September 30, 2008. Madam Justice Sheila Martin granted the motion of Richard N. Billington, Q.C. and restrained independent candidate Roger Richard from holding himself out as though…
July 24, 2008 - Billington Barristers causes appointment of Receiver over Executive Marketing & Strategies Ltd.
Acting for individuals who invested in Executive Marketing & Strategies Ltd., Richard N. Billington, Q.C. has obtained the appointment of a Receiver over the affairs of Executive Marketing & Strategies Ltd. The Receiver is charged with the duty of investigating the affairs of the respondent and in recommending a claims process dealing with the allocation of a fund of money…
May 26-27, 2008 - Richard N. Billington, Q.C. to speak at National Fraud Conference
Rick Billington will address the topic of “Protecting your Corporate Identity” at the annual conference of the Association of Certified Forensic Investigators of Canada in Toronto. The conference theme is “The Many Faces of Fraud”. In a nightmare scenario, a rogue employee steals confidential information that is critical to your company, including sensitive personal information about your customers. He then…
April 2007 - Dealing with Identity Theft Rick Billington interviewed in Forum – Advocis’ magazine for Canadian Financial Advisors.
In the April 2007 issue, he discusses the increasing exposure of businesses and their directors to liability if they fail to take adequate steps to guard confidential documentation or if they fail to take rapid and effective action when it is determined that confidential or proprietary information has been misappropriated. Billington Barristers are particularly experienced in providing representation and advising…
November 2006 - Canadian Business – the Brian Mallard Story
The November 2006 issue of Canadian Business includes an investigative report of the dealings that financial advisor Brian Mallard has gone through, and of Rick Billington’s representation of him. When faced with the secret misappropriation of confidential information from his office, Brian Mallard took action to protect his customer’s interests. He retained Rick Billington who obtained an Anton Piller Order…
October 2006 - Billington addresses Association of Certified Forensic Investigators of Canada
Richard Billington spoke to a meeting of the ACFI in Calgary. His topic, “The Canadian Advantage, Better Courts, Better Business – Extraordinary Remedies in Civil Litigation” focused on the superior protections available in Canada to safeguard intellectual property rights, such as to gather evidence in copyright and patent infringement cases, to trace and seize the proceeds from the illegal exploitation of…
October 2006 - Richard N Billington, Q.C. Appointed Independent Supervising Solicitor by Federal Court
Mr. Justice Harrington of the Federal Court, sitting in Toronto, appointed Richard N. Billington, Q.C. to act on behalf of the Court in executing an Anton Piller Order. The October 18, 2006 Order, granted to Schlumberger Canada Ltd. directed that Billington was to supervise the search for and seizure of evidence that was needed by the Plaintiff in respect to…
October 2006 - Richard N. Billington Q.C. Speaks to Canadian Institute Seminar on Advanced Insolvency Law and Practice
Speaking as part of a panel with Mr. Juval Aviv, president of Interfor, an international asset recovery firm, and Mr. John Williams of KPMG, Rick Billington addressed the Canadian Institute on how proceedings under the Companies’ Creditors’ Arrangement Act (CCAA) and the Bankruptcy and Insolvency Act (BIA) can enhance the ability to recover assets and information from fraudulent wrongdoers. He…
July 26, 2006 - Court of Queen’s Bench of Alberta Appoints Richard N. Billington, Q.C. as Independent Supervising Solicitor
Mr. Justice Hawco granted an Anton Piller Order to The City of Calgary to permit a forensic investigative team to conduct a search for evidence of fraud by an employee. This Order permitted the search of the employee’s locker, car, home, and other location where it was believed that evidence would be found to show that he had defrauded his…
December 31, 2005 - Richard N. Billington Appointed Queen’s Counsel
On the last day of Alberta’s centennial year, Justice Minister Ron Stevens announced the appointment of Queen’s Counsel, including Richard Billington of Calgary. Justice Minister Ron Stevens said: This appointment recognizes that these lawyers have made outstanding contributions to the legal profession and the community at large. This longstanding tradition remains a prestigious symbol of respect in the legal community.…