Denny practices in aerospace and aviation, infrastructure, construction and procurement, and insurance risk management. Denny has appeared before all levels of court in British Columbia, administrative tribunals, and arbitrations. He has experience in multi-billion dollar infrastructure projects and disputed claims in excess of $50 million. Denny has been recognized every year in Best Lawyers’ Ones To Watch from 2022 to 2024.
In construction matters, Denny acts in complex construction disputes for clients throughout the construction pyramid, including lenders, developers, owners, consultants, and contractors. Denny has represented clients in disputes over delay, cost overruns, builders’ liens, bonding disputes, and other realization matters relating to force majeure, market price escalation, changed site conditions, scope of work changes, and owner interference. Denny also works with clients on matters involving biomass plants, universities, hospitals, commercial and residential developments, P3 projects, hydroelectric infrastructures and mega-dams, and other infrastructure assets. He has worked on multiple of the top 100 largest construction projects in Canada, including the largest dam in Canadian history. Denny has experience with receiverships and insolvencies under the Bankruptcy and Insolvency Act in relation to construction projects and disputes. Denny has also assisted owners and developers to enforce insurance coverage in connection with infrastructure projects when issues of design and construction arise.
Denny regularly provides procurement advice for owners, developers, and contractors involving review, negotiation, and drafting of standard-form and bespoke contracts.
In matters of insurance and aviation, Denny has acted for international insurers and policyholders focusing on professional liability, directors and officers’ liability, errors and omissions, product liability, nationwide class action, and mass tort litigation involving claims under the Competition Act and Business Practices and Consumer Protection Act. He has acted for policy holders directly in enforcing insurance coverage in respect of course-of-construction policies and specialized London-Engineering-Group (LEG3) endorsements. Denny has successfully prosecuted claims for a Canadian airline in relation to breaches of aircraft charter agreements. Denny also represents aviation stakeholders in arbitrations of contractual disputes, including under the Commercial Arbitration Rules of the International Chamber of Commerce.
Denny approaches all disputes with a view toward adjudication at trial, arbitration, or otherwise. He believes developing a trial-ready case will put his clients in the best position to succeed on adjudication, or achieve the most favourable settlement when it makes business-sense to negotiate.
Successful motion on arbitral jurisdiction
- Successful on motion to enforce arbitration agreements in flow-down provisions of various subcontracts in arbitration of claims exceeding CAD$44 million.
Arbitration of contractual dispute relating to aviation services
- Arbitration of contractual dispute for aviation services provider under the Commercial Arbitration Rules of the International Chamber of Commerce.
Prosecution of breach of airline charter agreement
- Counsel for a Canadian airline in a successful prosecution of contract and tort claims in respect of an aircraft charter agreement.
|Construction disputes and litigation, including performance bonds, labour & material payment bonds, and contract price disputes
|Bad faith claims
|Policy drafting and product development
|Advancing and defending claims for extras
|Insurance coverage advice
|Construction deficiency claims
|Professional indemnity claims
|Class action defence, mass tort litigation
|Public-Private Partnerships (P3 Projects)
|Construction contract advice, including reviewing, drafting, and negotiating contract terms
Awards & Distinctions
- Best Lawyers in Canada: Ones to Watch, Insurance Law, 2022-2024