What's New

UPDATE on Giant Mine Lawsuit

A lengthy costs hearing was conducted in Yellowknife in February, 2006. The decision on costs yielded an award of approximately $4 million, most of it against the Defendants found at trial to be at fault.  As expected, the CAW appealed the trial decision and the costs award.  Most other Defendants joined in.  Justice Ted Richard has been appointed Appeal Case Management Judge.  He has directed that electronic appeal books be prepared utilizing the current practice and procedures for appeals before the Alberta Court of Appeal with a few significant variations tailored to the case.  The result will apparently be the first complete electronic appeal book in any appeal in Canada, with links between transcripts to exhibits and other innovations to assist the hearing panel.  The Plaintiffs called upon the insurers of the Government of the Northwest Territories to pay the full judgment.  After successfully opposing an application for a Stay of Execution, payment of the full judgment including costs and post judgment interest was accomplished in April, 2006.  In the meantime, the Plaintiffs negotiated a separate settlement with one of the original major Defendants found at fault.  In the result, over $17 million has been collected.  The appeal will be argued in the Fall of 2007.

(For details on the original law suit, please see our article below.)

Bishop & McKenzie LLP Lawyer Awarded LSA Distinguished Service Award

Bishop & McKenzie LLP is proud to announce that Donald G. Bishop, Q.C. has been selected to receive the 2006 Distinguished Service Award, awarded by the Law Society of Alberta and the Canadian Bar Association of Alberta for service to the profession. This is an extremely prestigious award that recognizes the outstanding contribution that Don has made to the legal profession. Don was President of the Alberta Branch of the Canadian Bar Association in 1980-1981 and then served from 1982 to 1990 as a Bencher of the Law Society of Alberta and as its President from 1989 to 1990. Don has also chaired and sat on many committees as a member of the Law Society of Alberta. His achievements also extend well out into the community and Don has been instrumental in many charitable fund raising endeavors. He is also currently the Honorary Consul for Sweden and was awarded the Royal Order of the Polar Star by the Swedish Government in 2003. Bishop & McKenzie LLP congratulates Don on this achievement and on his many selfless contributions to the Law Society of Alberta, and to the community in general.

In July, 2003 we welcomed four new articling students to Bishop & McKenzie. Chris Jackson, Jim Stewart and Patti Macdonald are working in our Edmonton office, and Adam Todd is the latest addition to our Calgary office.

Several of our lawyers continue to be deeply involved in the civil action arising out of a fatal blast in September, 1992 that killed nine men during a bitter labour dispute at the Giant Mine in Yellowknife, Northwest Territories. In a 417 page Judgment released December 16, 2004, Mr. Justice Arthur M. Lutz ruled in favour of the families of the 9 deceased miners and awarded them damages inclusive of pre-judgment interest totaling over $11,200,000.00. The case was expected to answer why Roger Warren, who was earlier convicted of second degree murder in the slayings, set up the bomb which killed the 9 men, how a strike/lockout could become so inflamed, and how an underground gold mine could be left unsecured against unauthorized access

Justice Lutz found the following parties jointly and severally liable for those damages:

Justice Lutz also held the CAW National directly liable for the share of fault attributed to Allan Shearing and Harry Seeton and vicariously liable for the share of fault attributed to Roger Warren and Timothy Bettger. In arriving at those findings and apportionment, Justice Lutz essentially concluded that when the site of a labour dispute was turned into a war zone by the combatants, the occupational health and safety of those who continued to work during the strike/lockout should have taken priority. The result is a welcomed affirmation of the sanctity of occupational health and safety when it runs into conflict with issues such as the use of replacement workers and the right of an employer to continue operations and make a profit

On the same day that the Reasons for Judgment were released, the CAW National announced that it would be appealing the Judgment. It is expected that other Defendants will join in. A lengthy costs hearing was conducted in Yellowknife in mid February. The decision on costs is pending and is expected to yield a very substantial award against the Defendants found liable.

The notoriety of the labour dispute and of the principals involved generated intense interest in the media and the City of Yellowknife. Two books and a full length television novel based on the tragedy have been written and broadcast. The trial involved more parties than any other in the history of the Northwest Territories. It got underway on September 29, 2003 in a special courtroom constructed just for the trial. Lead counsel for the families was J. Philip Warner, Q.C., a member of the Northwest Territories bar since 1980. Jeffrey B. Champion and W. Benjamin Russell of our Edmonton offices also played major roles in the conduct of the trial and costs hearing. Others who played significant parts in the preparation of the case and on an ongoing basis included Carmen L. Plante, Sarbjit S. Bains, Erika D. Norheim, Melodi Ulku, Colleen G. Dunlop, Marie Strauss, Scott Tilley, Patti Macdonald, Chris Jackson and Jim Stewart.

Recent news on the trial can be found here

site map | legal