Don Dear, K.C.

Full Profile

Don Dear, K.C. is a senior litigation counsel with a broad practice spanning complex commercial litigation, insurance and professional liability defence, construction, energy, and class actions. He is trusted by clients to resolve high-stakes disputes efficiently and decisively, drawing on deep industry knowledge and decades of courtroom experience.

Don acts for insurers, professionals, and corporate clients across a wide range of sectors, including energy, infrastructure, construction, and professional services. His work frequently involves technically complex claims, regulatory scrutiny, and matters where legal, financial, and reputational risks intersect. He is regularly retained to provide strategic advice on dispute resolution, coverage issues, and litigation risk management.

Throughout his career, Don has appeared before all levels of court in Alberta and has represented clients in jurisdictions across Canada, including Ontario, Saskatchewan, Yukon, and British Columbia. He has also appeared before administrative tribunals and professional regulators and has acted as counsel for interested parties in public inquiries. His practice includes extensive experience in mediations, judicial dispute resolutions, and domestic and international arbitrations.

With significant trial experience, including dozens of superior court trials, and a practical approach to advocacy, Don focuses on delivering solutions that go beyond the courtroom. He brings clarity, judgment, and resolve to complex disputes, helping clients navigate challenging issues with confidence and achieve outcomes aligned with their broader business objectives.

Admissions

• Alberta Bar (1989)

• Yukon Bar (1992)
   

Education

• LL.B., University of Alberta (1988)

• Bishop’s University (1985)
   

Awards

• Chambers Canada (Litigation - Product Liability, Litigation - General Commercial)

• Canadian Legal Lexpert Directory (Litigation - Commercial Insurance, Litigation - Corporate Commercial, Litigation - Product Liability, Professional Liability)

• Lexpert Special Edition (Litigation - Commercial, Energy, Infrastructure)

• Legal 500 (Construction, Insurance)

• Best Lawyers (Alternative Dispute Resolution, Construction Law, Corporate and Commercial Litigation, Defamation and Media Law, Energy Law, Insurance Law, Professional Malpractice Law)

• Martindale-Hubbell (AV Preeminent Peer Rated Attorney - Very High Ethical Standard and an A grade)

Experience

• Acting for a contact engineer in an $80 million claim for the construction of a coal mining distribution system in Northern Alberta. Our client is the contact engineer that designed the contact points in one of the coal towers that failed.

• Acted for a contractor which designed and installed a series of transmission lines across Alberta. The $40 million claim was in relation to the spacer-damper equipment which failed and began falling off the lines.

• Successfully defended a pipeline contractor in a $20 million claim that was heard by the Alberta Court of Appeal with respect to the failure of a pipeline liner which failed as a result of the infiltration of water between the liner and the steel pipe.

• Acted for an engineer who designed or at least put his stamp on drawings on a horse arena and barn outside of Calgary when the arena collapsed as a result of excess snow loading.

• Acting for a transportation company in a $17 million claim where the allegation is that the tank on the trailer being hauled contaminated dozens of kilometers of highway with hydrocarbon waste.

• Acted for an engineer in Whitehorse in relation to the construction of a Canada-wide fast-food outlet where the renovation of the public space resulted in a collapse of the entire ceiling system. The issue was the degree that the engineer could rely on the underlying construction structure. The matter was settled with a positive outcome to our client. 

• Acting for an engineer who designed the foundation of a residential construction project. The allegation is that the engineer failed to consider the effects of the lateral loads.

• Acted for a number of engineers with respect to complaints made to the regulator APEGA (Association of Professional Engineers and Geophysicists of Alberta) for their decision-making involvement in the response to the COVID pandemic and the use of HEPA filters in classrooms.

• Acting for a general contractor which constructed a water treatment plant in the Yukon. The issue is the effect of the design of the base of the subject water tanks.

• Represented the defendant in a negligence action for $20 million remediation costs after an oil spill from the pipeline. The defendants were involved in the construction of the pipeline in 2004. There was a leak from the pipeline in 2018 and the pipeline’s owner, the plaintiff, was claiming contribution to its statutory remedial obligations under the Environmental Protection and Enforcement Act (EPEA) (2022).
   

Publications and Presentations

• Understanding the Canadian Class Actions Landscape – Client Presentation (Montréal, 2025)
• Emerging Risks – Climate Change and AI’s Impact on the Insurance Market – Industry Presentation (Toronto, 2025)
• Litigating in Canada – Client Presentation (United States-wide, 2025)
• Class Actions in Canada – North American Financial Institutions and D&O Conference (London, 2024)
• Claims Against Design Engineers – Client Presentation (Montréal, 2024)
• Economic Claims Resulting from Wildfires – Client Presentations (Toronto, 2023)
• Overview of Class Actions in Canada – Industry Presentation (Canada-wide, 2023)
• Recent Insurance Litigation Trends – Industry Presentation (Calgary, 2023)
• COVID Class Actions – Industry Presentation (Calgary, 2021)
• "Land Developer Vindicated in Occupiers’ Liability Case" – Article in Best Lawyers
• “Welcome to Your Client’s Lawsuit” – Article in CA Magazine