Daniel McDonald

Personal Bio

Job Title: Arbitrator, Mediator and Counsel

Areas of Expertise:

Dan McDonald is an independent commercial arbitrator and mediator based in Calgary, Alberta and associated with Western Arbitration Chambers.
Called to the bars of British Columbia and Alberta, Dan’s practice for over 45 years has focused on resolution of commercial, energy and securities disputes through litigation, arbitration and mediation.
Since retiring as a senior partner and Vice-Chair of Burnet, Duckworth & Palmer LLP in 2021, Dan continues his practice as an independent arbitrator, mediator and counsel. He serves as a sole arbitrator, coarbitrator and tribunal chair in domestic and international commercial arbitrations, both ad hoc and institutional. In addition, he acts as a mediator in all types of commercial disputes.
Dan is a Fellow of the Chartered Institute of Arbitrators, a Fellow of the American College of Trial Lawyers and the President of Western Canada Commercial Arbitration Society.

INDUSTRY EXPERIENCE
Dan is experienced in a broad range of disputes. Industry and subject matter examples include:
Shareholder disputes, oppression claims, director liability disputes
Partnerships and joint ventures
Class actions
Energy and mining
Real estate
Transportation
Construction
Medical and pharmaceutical
Franchise law
Intellectual property
Estate law
ARBITRATION AND MEDIATION – REPRESENTATIVE WORK
Sole arbitrator
• domestic commercial dispute regarding the interpretation of a unanimous shareholders agreement and the payment of dividends
• dispute under sublease/area royalty agreement
• dispute under petroleum and natural gas joint operating agreement
• dispute concerning the rights upon dissolution of a professional partnership
• dispute under international distribution agreement
• dispute under international technology agreement
• dispute concerning medical technology and financing
• dispute regarding calculation and payment of dividends pursuant to unanimous shareholders agreement
• dispute over validity of builders' lien
• dispute alleging constructive dismissal and amounts owed to former executive
• domestic energy dispute between energy company and service provider
• domestic shareholder dispute
• dispute regarding buy/sell provision of shareholders’ agreement
• Canada Transportation Act Final Offer Arbitration in railway rate case
• arbitrator/mediator in commercial dispute regarding ownership and dissolution of multiple related businesses
Chair or Member of arbitration panel
• international energy technology dispute
• domestic energy purchase and sale dispute
• domestic contractual dispute between power utility and a supplier of coal to a power facility
• health care dispute
• domestic dispute between two large international companies that are co-owners of an energy infrastructure business
Adjudicator
• Canada Labour Code in employment disputes
Mediator
• many mediations involving disputes in the areas of corporate, commercial and securities law, energy and natural resources, professional liability, employment and collecti