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Jonathan McCully, Senior Civil Litigation Lawyer and Partner

Jonathan McCully is a civil litigation lawyer and Shareks' leading insurance, commercial litigation and employment defence counsel. He has numerous appearances at all levels of the Court in Alberta and is an active member of the British Columbia bar.  Jonathan has substantial Arbitration practice and represents Project Owners, Municipalities and Government in proceedings ranging from construction project disputes to matters of taxation.

Education & Personal Interests

Outside of his legal practice, Jonathan serves the community through active participation in the Canadian Armed Forces Primary Reserves, where he holds the rank of Lieutenant-Colonel and is the former Commanding Officer of the Loyal Edmonton Regiment.  During his three decades of service, he has trained and developed reserve soldiers and has had the honour of serving abroad with our deployed forces.

Reported Decisions

• Shopmen's Local Union No. 805 of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers v Empire Iron Works Ltd., 2018 CanLII 118217 (AB GAA)

  Successful defence of the Employer to a Union group policy grievance; addressed scope of representations; employer actions and reclassification of employees; result - grievance dismissed.

• Intact Insurance Company v Unruh, 2020 ABQB 260

  Fort McMurray wildfires - significant property damage (structure and contents); damage dispute; insurer refusal to pay; Insurance Act Section 519; successful defence of the Insureds from Insurer Appeal of an Umpire decision.

• Intact Insurance Company v Parsons, 2020 ABQB 258, 2021 ABCA 123 (Canlii)

  Fort McMurray wildfires- significant property damage (rebuild of structure); scope and extent of damage dispute; insurer refusal to pay; Insurance Act Section 519; successful defence of the Insureds from Insurer Appeal of an Umpire decision.

• Gibb v Palliser Regional School Division No 26, 2020 ABQB 113 (Canlii)
  resignation - bullying - toxic work environment

  Heard on June 17, 18, 19, 20, 21, 24, 25, 26 and Nov 22, 2019

• Boardwalk REIT Properties Hildings Ltd v. Condominium Corp. No 0822896, 2019 ABQB 40 (Canlii)
  condo fees- developer- redivision

  Successful defence of appeal; address issues of developer and definition under the Condominium Property Act

• Makela v Horizon School Division No. 67, 2019 ABQB 974 (Canlii)
  contact - notice - fixed term

  Successful dismissal of plaintiffs claims for severance and notice; legal effect of fixed term in contract

• Harun-ar-Rashid v Royal Canadian Mounted Police (RCMP), 2019 ABQB 54 (Canlii)
  teaching - school - contract - vexatious - struck

  Successful dismissal of plaintiffs claim based on improper pleadings and vexatious/unsupported allegations.

• Syncrude Canada Ltd v Upadhyaya, 2019 Canlii 102650 (AB ESU)
  authorization- hours- employee- payroll- vacation entitlements

  Successful appeal before the Labour Relations Board regarding the legal effect of an authorizations; impact on statutory deductions and enforceability

• Western Sterling Trucks Ltd. v Syncrude Canada Ltd. ABQB 2018
  

  Heard March 19, 20, 21, 22, 23 and 26, 2018 [unreported].

  Contract; alleged oral agreement; alleged debt arising under contractual assignments. Successful defence to alleged debts arising and due under improper assignments at law Judicature Act R.S.A. 2000 Chapter J-2.

• Syncrude Canada Ltd v Adetula
  

  Successful debt recovery action by employer; enforcement of promissory note; Successful defence of alleged wrongful dismissal counterclaim by employee (ABQB 2018) 4 day trial- unreported.

• Jabneel Development Inc v Lamont (Town), 2017 ABQB 566 (CanLII)
  

  Successful presentation and Appeal regarding a complex security for costs application under the Business Corporations Act .

• Boardwalk REIT Properties Holdings Ltd. v. Condominium Corp. No. 0822896, 2017 ABQB 315
  

  Successfully represented the Condominium Corp. in a complex matter verifying that Boardwalk is not a "developer" under the Condominium Protection Act or the Bylaws, and that Boardwalk comply with the Act and Bylaws as an "owner" under those enactments.

• Hammond v. DeWolfe, 2012 ABQB 684 (CanLII)
  quod servitium amisit - subrogation - double recovery - nonindemnity - benefits

  Successfully represented the employer, Syncrude Canada Ltd., in a complex subrogation matter verifying employer's claim for loss of services of an employee involved in a serious motor vehicle accident.

• Shelbra International Inc. v. Peter Pond Portfolio Inc., 2015 ABQB 762 (CanLII)
  covenants - grantees - parking access - easements - licenses - competing interests - Fort McMurray, Alberta
• Sun Life Assurance Company of Canada v. 671095 Alberta Ltd., 2010 ABQB 814 (CanLII)
  covenants - grantees - parking access - easements - licenses - competing interests - Fort McMurray, Alberta
• Jabneel Development Inc. v. Lamont (Town), 2015 ABQB 488 (CanLII)
  quod servitium amisit - subrogation - double recovery - nonindemnity - benefits

  Successfully represented the employer, Syncrude Canada Ltd., in a complex subrogation matter verifying employer's claim for loss of services of the employee involved in a serious motor vehicle accident.

• Mackey v. Squair, 2015 ABQB 329 (CanLII)
  insurance - partial dismissal application - fire loss
• Jabneel Construction Inc. v. Lamont (Town), 2013 ABQB 648 (CanLII)
  disclosure - bad faith - criminal charges - interest - kickback
• Carlson v. Lippa, 2007 ABQB 33 (CanLII)
  jaw - pain - accident - temporomandibular joint disorder - facial

  Successful argument that TMJ/TMD injuries were resultant to, or arising from motor vehicle accident. Successfully contradicted University of Alberta medical expert on point.

• Silver Eagle Management Inc. v. Onoway (Town), 2011 ABQB 139 (CanLII)
  variation - agreement - subdivision approval

  Successful trial defence of Municipal Corporation/Town arising from a dispute with respect to a Development Agreement, development approval, subdivision approval, waiver of provisions in contract, and interference. Claim dismissed by Court of Queen's Bench.

• Vermillion Valley Ambulance Ltd. v. Vermillion (Town of), 2007 ABQB 580 (CanLII)
  five-year contract - ambulance

  Successful defence of the Town of Vermillion/Municipality with respect to an alleged contract claim brought by an ambulance services contractor. Contract framed in part on written materials and verbal representations. Claim dismissed by Court of Queen's Bench.

• Syncrude Canada Ltd. v. Highland Consulting Group Inc., 2013 ABQB 594 (CanLII)
  set aside - res judicata - ex juris - waivers
• Jabneel Development Inc. v. Lamont (Town), 2016 ABQB 161 (CanLII)
  funds - damages - unassailable

  Successful defence of the Town of Lamont in action brought by the developer for partial Summary Judgment and return of security deposit relative to the development of lands and associated improvements.

• Bio-Chem Consulting Services (1980) Ltd. v. Syncrude Canada Ltd., 2016 ABQB 399 (CanLII)

  Successful defence of Syncrude Canada Ltd. Claim brought by Plaintiff Corporation framed in the contract and reviewed in light of oral representations, waiver, and estoppel. Plaintiff's claim dismissed in its entirety.

• Besinger v. Valleyview (Town), 2015 ABCA 13 (CanLII)
  performance - probationary period

  Successful defence of the Town of Valleyview (employer) in Court of Queen's Bench trial and Court of Appeal in the claim brought by former CAO for wrongful dismissal.

Arbitrations

• Represent an oil sands owner in a $5M cross border taxation dispute, including representation in New York and New Jersey
• Represent an oil sands contractor in an $18M SADG project dispute 
• Represent an oil sands owner in a dispute with Greenpeace regarding trespass to site(s)
• Represent an oil sands owner in a $80M assessment dispute
• Represent an oil sands owner in a boiler failure and resultant damages claim in excess of $40M
• Represent an oil sands owner in a $28M busing contractor dispute 
• Represent a Municipality in a multi-year taxation dispute involving revenue sharing
• Represent a Municipality in a subdivision development matter involving $5M in losses
• Represent an owner under the New West Trade Partnership Agreement (NWTPA) dispute involving a fleet of Fire and Emergency response vehicles/tender dispute.