Don Dear, K.C.

Full Profile

Don Dear, K.C.’s practice includes class actions, commercial litigation, construction, energy, insurance and professional liability. Through his diverse practice, Don is known to reach efficient resolution for each client by applying his in-depth knowledge of the inner workings of various industries.

With almost 35 years of experience under his belt, Don has built a diverse practice focusing on commercial litigation, insurance and professional liability defence, class actions and construction law. Don has also defended claims and provided coverage opinions with respect to upstream, midstream and downstream energy matters.

Throughout his career, Don has appeared at all levels of Alberta’s courts and has represented clients in a number of Canadian jurisdictions, including Ontario, Saskatchewan, Yukon, and British Columbia. Don has also appeared before various boards and administrative tribunals, such as the Chartered Professional Accountants of Alberta, and served as a counsel for interested parties in public fatality inquiries.

Don has participated in hundreds of mediations, judicial dispute resolutions and arbitrations, including ones under the International Commercial Arbitration and Conciliation Rules established by UNCITRAL. He has acted as counsel in over 40 King’s Bench trials and innumerable court applications.

With his extensive trial experience, Don offers his clients practical solutions that go beyond litigating files. As a skilled litigator, Don is steadfast and resolute in the courtroom, while having his clients’ best interest at heart.

Don has been recognized in Chambers Canada (Litigation - Product Liability, Litigation - General Commercial), in the Canadian Legal Lexpert Directory (Litigation - Commercial Insurance, Litigation - Corporate Commercial, Litigation - Product Liability, Professional Liability), in Lexpert Special Edition (Litigation - Commercial, Energy, Infrastructure), in Legal 500 (Insurance) and in Best Lawyers (Alternative Dispute Resolution, Corporate and Commercial Litigation, Defamation and Media Law, Insurance Law, Professional Malpractice Law).

 
Admissions

• Yukon Bar (1992)

• Alberta Bar (1989)
   

Education

• LL.B., University of Alberta (1988)

• Bishop’s University (1985)
   

Professional Associations

• Yukon Bar (1992)

• Alberta Bar (1989)

• Pro Bono Counsel, Law Society of Alberta – Volunteers as a Law Society of Alberta Pro Bono counsel, representing lawyers facing disciplinary proceedings before the Law Society

• Alumni, Calgary Exhibition and Stampede – Served on the Courtesy Car Committee of the Calgary Exhibition and Stampede for ten years

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

Experience

• Represented the defendant in a negligence action for CAD 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

• "Land Developer Vindicated in Occupiers’ Liability Case," Best Lawyers, 2017