Dana Schindelka

Dana provides counsel in the areas of Commercial, Energy, Professional Liability, Employment, Insurance, Franchise, Administrative, Products Liability, and Personal Injury Litigation.

Dana provides advice to clients in the Energy, Agriculture, Manufacturing, Transportation, Railway, Education, Insurance, Industrial and Financial sectors.

In addition, he represents professionals such as lawyers, physicians and accountants, aboriginal organizations, franchisors, and individuals.

His practice has taken him to the Supreme Court of Canada and to all levels of court in Alberta and Saskatchewan.

He has also appeared before numerous administrative tribunals related to the Law Society of Alberta, the College of Physicians and Surgeons of Alberta, the Institute of Chartered Accountants of Alberta, the Municipal Government Board of Alberta and arbitration panels.

Professional Experience

Precedent-Setting Litigation

• Member of a counsel team that intervened at the Supreme Court of Canada in the case which established the Canadian test for vicarious liability for intentional torts.

Commercial Litigation

• Dana has acted in many cases addressing business conflicts including breaches of contract, business dissolution, interference with business relationships, disputes over non-solicitation and non-compete clauses, breach of fiduciary duty, oil and gas issues, shareholder disputes, partnership issues, fraud and debt collection.

Professional Liability Litigation

• Defended lawyers in Law Society of Alberta proceedings, as well as the Court of Queen’s Bench and Court of Appeal, with respect to allegations such as missed limitation periods, mishandling of trust funds, conflict of interest, failure to serve clients and conduct unbecoming.
• Defended physicians in Alberta College of Physicians and Surgeons’ proceedings, as well as the Court of Queen’s Bench and Court of Appeal, with respect to allegations such as inappropriate examinations and patient contact, improper surgical procedures, conduct unbecoming and assault and battery.
• Defended accountants in discipline hearings with the Institute of Chartered Accountants of Alberta.
• Defended dentists with respect to malpractice claims.
• Defended real estate agents regarding negligence and breach of contract claims.

Employment Litigation

• Dana’s practice includes representing clients with respect to recruiting, hiring and terminating employees, providing advice with respect to group terminations and business closures, defending wrongful dismissal claims and human rights complaints, and the preparation of employment, consulting and independent contractor agreements, including advising with regard to the enforceability of non-solicitation, non-competition and confidentiality agreements.

Franchise Litigation

• Represented numerous franchisors in disputes with franchisees, suppliers, landlords and others.
• Represented three franchisees in a dispute with a global beverage company.

Insurance Litigation

• Represented various multi-national insurance corporations with respect to matters such as claims involving property loss, life insurance, investments, and personal injury.

Extraordinary Remedies and Applications

• Letters Rogatory - Enforced requests from foreign courts to take evidence from witnesses residing in Canadian jurisdictions and remitted to the court making the request.
• Anton Piller Orders - Acted as both as applicant’s counsel and Court appointed counsel with regard to Anton Piller Orders, which are designed to secure entry to businesses, residences and other locations to preserve evidence when there is a risk that it may be destroyed.
• Mareva Injunctions - Obtained Mareva injunctions in order to ensure that assets within the jurisdiction of the court are not taken out of the province or destroyed.
• Judicial Review - Brought numerous judicial review applications concerning decisions made by administrative bodies.

Personal Injury Litigation

• Represented hundreds of adults who were childhood victims of sexual abuse with respect to claims against various churches, the federal government, and individual perpetrators.
• Member of counsel team defending a large railway company in a negligence claim.
• Represented various individuals in Alberta and British Columbia personal injury claims where motor vehicle accidents caused serious injuries.