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					                          DANA SCHINDELKA
                          Partner


                          PROFILE
                          Mr. Schindelka is a partner in the Calgary office of Davis LLP and he
                          practices in the area of civil litigation.

                          Mr. Schindelka's practice involves providing counsel to clients with
                          respect to the areas of Commercial, Oil and Gas, Professional Liability,
                          Employment, Insurance, Franchise, Administrative, Environmental,
                          Products Liability, and Personal Injury Litigation.

                          Mr. Schindelka has successfully represented diverse clients as litigation
                          counsel including Canada's largest integrated oil company, and many
                          other oil and gas companies, some of the largest insurance companies in
                          Canada, as well as numerous large corporations, Indian Bands,
                          Franchisors, and individuals. His practice has taken him to the Supreme
Calgary
                          Court of Canada and to all levels of court in Alberta and Saskatchewan.
Livingston Place
1000 - 250 2nd St SW
                          He has also appeared before administrative boards and arbitration panels.
AB                         With a practice tending towards that of the classical advocate, he is at
Phone      403.698.8705   home in civil cases of all kinds and professional discipline cases for the
Fax        403.213.4468   legal and medical professions.
dschindelka@davis.ca

                          AREAS OF PRACTICE
                          Litigation, Professional Governance & Regulation, Employment &
                          Labour Law, Human Rights Law, Insurance Law, Franchise &
                          Distribution, Regulatory & Administrative Law, Environmental Law,
                          Products Liability Law, Energy & Utilities, Personal Injury Law,
                          Municipal Law, Aboriginal Law, Litigation - Commercial


                          PROFESSIONAL EXPERIENCE
                          Mr. Schindelka's engagements include:

                          PRECEDENT SETTING LITIGATION
                           Dana Schindelka cont'd




• Member of a counsel team intervening at the Supreme Court of
  Canada in Bazley v. Curry, [1999] 2 SCR 534 (1999) which established
  the Canadian test for vicarious liability for intentional torts.

COMMERCIAL LITIGATION
• Member of a counsel team that defended an Alberta based oil and gas
  company with respect to allegations of breach of contract - Tycholis v.
  Teem Energy Ltd., [2006] A.J. No. 1602.
• Member of a counsel team that prosecuted a breach of contract
  arbitration claim against an oil and gas pipeline company for 8 major
  international oil and gas companies.
• Member of a counsel team representing a real estate developer with
  respect to a claim against two municipalities and a provincial
  government.
• Member of a counsel team that represented an Alberta based oil and
  gas company in a dispute with a major international oil and gas
  company concerning the validity of a Right of First Refusal.
• Representing a Quebec based grain and grain by-products trading
  company in a dispute with 2 Dutch companies and a supplier.
• Defended four pharmacists respecting a breach of contract claim.
• Defended and prosecuted many breach of contract cases, directors'
  and officers' liability cases and fiduciary duty cases.

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, theft of trust funds, and conduct unbecoming - Brar v. Roy,
  [2004] A.J. No. 576.
• 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 breast
  examinations, inappropriate patient contact, inappropriate surgical
  procedures, conduct unbecoming and assault and battery - Litchfield v.
  College of Physicians and Surgeons of Alberta, [2007] A.J. No. 1099.
• Defended dentists with respect to malpractice claims.
• Defended real estate agents regarding negligence and breach of
  contract claims.

EMPLOYMENT LITIGATION
                           Dana Schindelka cont'd




• Defended and prosecuted numerous wrongful dismissal claims and
  other employment claims - Bonneville v. Unisource Canada Inc.,
  [2002] S.J. No. 443.
• Defended both Federal and Provincial Human Rights Complaints.

FRANCHISE LITIGATION
• Represented three franchisees in a dispute with a large international
  beverage company.
• Represented numerous franchisors in disputes with franchisees,
  suppliers, landlords and others.

INSURANCE LITIGATION
• Member of a counsel team that intervened at the Alberta Court of
  Appeal on behalf of the Canadian Life and Health Insurance
  Association (a voluntary trade association whose membership accounts
  for 99 per cent of the life and health insurance in force in Canada and
  administers about two-thirds of Canada's pension plans) in a
  constitutional dispute concerning whether banks must submit to
  regulation when promoting insurance sales in Alberta - Canadian
  Western Bank v. Alberta, [2003] A.J. No. 1166.
• Represented many large insurance corporations with respect to
  matters such as claims involving property loss, life insurance,
  investments, and personal injury.

EXTRAORDINARY REMEDIES
• Substantial experience with extraordinary remedies and applications
  such as:
Letters Rogatory - Mr. Schindelka has enforced requests from foreign
courts to take evidence from a witness residing in a Canadian jurisdiction
and then remitted it to the court making the request.

Anton Piller Orders - Mr. Schindelka has acted 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 - Mr. Schindelka has 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 - Mr. Schindelka has brought many judicial review
                            Dana Schindelka cont'd




Professional Experience cont'd

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 a 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 had caused
  serious injuries.

RECOGNITION
In 2008 Mr. Schindelka was named as a Lawyer to Watch in the 2008
Lexpert Guide to the Leading U.S./Canada Cross-Border Litigation
Lawyers in Canada.

In March of 2008 Mr. Schindelka was profiled in Alberta Venture
magazine as an emerging leader in Alberta's business community.

Mr. Schindelka was named one of the Top 40 lawyers in Canada under 40
in 2007 when he was awarded Lexpert's Rising Stars Under 40 award.

In 2006 Mr. Schindelka was the First Recipient of the Canadian Bar
Association Alberta Branch Volunteer Recognition Award.

PUBLICATIONS & SEMINARS
• Co-author of article entitled "Alta. CA clarifies 'drop dead' rule", The
  Lawyers Weekly, May 27, 2011 issue.
• Co-author of article entitled "Appeal court rejects damages for stigma
  of dismissal", The Lawyers Weekly, November 5, 2010 issue.
• Co-author of article entitled "Why litigators shouldn't overlook the
  duty of good faith", The Lawyers Weekly, September 3, 2010 issue.
• Canadian Bar Association - Legal Profession Assistance Conference
  Columnist for SLAW (a cooperative Canadian Legal Weblog) - 2010
  and 2011.
• Co-author of article entitled "How to Conduct a Good Faith
  Termination", Davis LLP Employment & Labour Conference,
  November 19, 2009.
                          Dana Schindelka cont'd




• Co-author of article entitled "Court Clarifies Application of
  Solicitor-Client Privilege", The Lawyers Weekly, September 4, 2009
  issue.
• Co-author of article entitled "Ten Strategies to Assist Franchisors in
  Avoiding Litigation", Federated Press - Franchise and Distribution
  Journal, Vol. XV, No. 3, 2009.
• Co-author of article entitled "How to Ensure Your Arbitration Clause
  Will be Enforced", Davis Franchise Connection, Spring 2008 issue.
• Co-author of article entitled "Banks Must Submit to Regulation When
  Promoting Insurance Sales", The Lawyers Weekly, October 26, 2007
  issue.
• Co-author of article entitled "Defendant Could Not Rely on
  Limitation Defence Due to Promissory Estoppel", The Lawyers
  Weekly, March 24, 2006 issue.
• Co-author of article entitled "SCC to Rule on Regulation of Insurance
  Products for Banks", The Lawyers Weekly, August 12, 2005 issue.
• Author of paper entitled "Conflicting Appeal Decisions Regarding the
  Promotion of Insurance by Banks in B.C. and Alberta", Underwritings,
  CBA National Insurance Law Section Newsletter, April, 2005.
• Co-author of paper entitled "Vicarious Liability for Intentional Torts
  of Employees, Contractors and Agents" - CBA, Alberta Law
  Conference, March 11, 2004.
• Author of paper entitled "Conflicting Decisions Regarding a Level
  Playing Field: The Promotion of Insurance by Banks in British
  Columbia and Alberta" - Underwritings, CBA, National Insurance Law
  Section Newsletter, March, 2004.
• Co-author of paper entitled "Update on the Recent Supreme Court of
  Canada Cases regarding Vicarious Liability, Fiduciary Duty, and
  Non-Delegable Duty" - CBA, Civil Litigation Section - Calgary,
  October 28, 2003.
• Co-Author of paper entitled "The Supreme Court of Canada Rulings
  on Employers' Vicarious Liability for Employees' Intentional
  Misconduct" - Proceedings of the CBA Mid-Winter Meeting, Regina,
  Saskatchewan, 2000.
                            Dana Schindelka cont'd




MEDIA COMMENTARY
• Interviewed by Janice Mucalov, LL.B. for her Canadian Bar
  Association Practicelink Article "Working With A Distressed Client:
  Lawyers As Gatekeepers For Pyschological Issues" which was
  published on October 19, 2010.
• Alberta Venture Magazine March 2008, 3/3/2008 - Profiled as an
  emerging leader in Alberta's business community.

VOLUNTEER WORK
• Director, Canadian Bar Association, Legal Profession Assistance
  Conference, 2006 to date
• Director, Alberta Lawyer's Assistance Society, 2005 to date
• Director, Lawyer's Concerned for Lawyers - Saskatchewan, 2000 to
  date
• President of Athol Murray College of Notre Dame Alumni
  Association - Saskatchewan Branch Inc., 2001 - 2002
• President of Dalhousie Law School Alumni Association -
  Saskatchewan Branch, 2002
• Director of Athol Murray College of Notre Dame Alumni Association
  - Saskatchewan Branch Inc., 1998 - 2001
• Director of Athol Murray College of Notre Dame Alumni Association
  - Canadian Branch, 2002 to 2006
• Volunteer, Calgary Folk Festival, 2004 - 2006

OTHER ACTIVITIES
•   Member, Canadian Bar Association, 1996 to date
•   Member, Calgary Bar Association, 2003 to date
•   Member, Alberta Civil Trial Lawyers Association, 2003 to date
•   Member, Canadian Bar Association, Civil Litigation Section - Calgary,
    2003 to date
•   Member, Canadian Bar Association, Labour & Employment Section -
    Calgary, 2003 to date
•   Member, Canadian Bar Association, Insurance Law Section - Calgary,
    2003 to date
•   Member, Saskatchewan Association of Trial Lawyers, 1997 - 2002
•   Member, Regina Bar Association, 1996 - 2002
                         Dana Schindelka cont'd




EDUCATION
• LL.B., Dalhousie Law School, 1996
• B.A., University of Regina, 1992

PLACE AND YEAR OF CALL
• Alberta, 2003
• Saskatchewan, 1997

				
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