Complex commercial disputes require clear strategy, industry insight, and calm in the storm. Sean Kelly brings all three. 

Sean Kelly is a skilled commercial litigator with extensive experience in construction, infrastructure, and complex contractual disputes. He brings over a decade of legal and strategic insight to clients navigating high-stakes litigation across Canada’s public and private sectors. 

Sean has appeared before all levels of court in Alberta, as well as in national and international arbitrations. His practice includes billion-dollar trials, multi-party arbitrations, and municipal and regulatory matters involving energy, utilities, infrastracture and industrial clients. He is known for his ability to manage complex files efficiently, with a focus on aligning legal strategy with commercial objectives. 

Fluent in English and French, Sean regularly advises clients in bilingual and cross-border matters, including mandates involving European contractors and an Indian manufacturer. He also contributes to the firm’s growing appellate and opinions practice, with experience preparing complex commercial opinions to guide litigation and business strategy, particularly in the utilities and petrochemical sectors. 

He began his legal career as a law clerk to the Honourable Justice Louis LeBel at the Supreme Court of Canada, and later served as bilingual legal counsel at the Alberta Court of Appeal. Sean holds dual civil and common law degrees from McGill University, along with graduate and undergraduate degrees in History and Medieval Studies. Now based in British Columbia, he is committed to mentorship, collaboration, and effective advocacy. 

Work Highlights

Successfully defended a multi-year public procurement contract, preserving a major infrastructure award challenged through judicial review in Alberta.

    Acted as counsel to the City of Ottawa and OC Transpo in the public inquiry into the Light Rail Transit Project, advising on procurement, governance, and regulatory issues.

      Represented Vale Canada Ltd. in cross-jurisdictional contractual disputes related to the Voisey’s Bay Mining Project, involving complex supply chain and project delivery matters.

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        Services

        Drafting of written interlocutory, trial, appellate, and arbitral submissions Preparation of complex commercial opinions
        Management of high-volume document production and review Contract review and drafting
        Representation in mediation processes Negotiation and drafting of settlement agreements
        Enforcement of trial judgments
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        Successfully defended a multi-year public procurement contract, preserving a major infrastructure award challenged through judicial review in Alberta.
        Acted as counsel to the City of Ottawa and OC Transpo in the public inquiry into the Light Rail Transit Project, advising on procurement, governance, and regulatory issues.
        Represented Vale Canada Ltd. in cross-jurisdictional contractual disputes related to the Voisey’s Bay Mining Project, involving complex supply chain and project delivery matters.
        Acted as litigation counsel to Brookfield Infrastructure Partners in disputes arising from its $8.6 billion acquisition of Inter Pipeline Ltd., addressing shareholder and regulatory challenges.
        Successfully resisted enforcement of international arbitral awards in Alberta, defending a corporate respondent in proceedings under the LCIA Arbitration Rules.
        Second chair in a year-long trial involving over USD $1 billion in damages related to petrochemical production capacity: Dow Chemical Canada ULC v. NOVA Chemicals Corporation, 2018 ABQB 482.
        Awards & Distinctions
        • McGill University, Daniel Mettarlin Memorial Scholarship, 2007
        • McGill University, Fraser Milner Casgrain Prize, 2006
        • McGill University, Wainwright Bursary, 2005–2008
        • Social Sciences and Humanities Research Council of Canada, Canada Graduate Scholarship, 2004–2005
        Industry and Community Involvement
        • Law Society of Alberta, Member
        • Law Society of Ontario, Member
        • Canadian Bar Association, Member
        • Calgary Bar Association, Member
        • The Advocates’ Society, Member
        • L'Association des juristes d'expression française de l'Ontario, Member
        Education
        • Call to Bar: 2014 (Alberta), 2009 (Ontario)
        • LL.B./B.C.L. (Great Distinction), McGill University Faculty of Law, 2005–2008
        • Master of Arts in Medieval Studies (Magna cum laude), University of Toronto, 2004–2005
        • Honours Bachelor of Arts in History and Spanish (Summa cum laude), University of Ottawa, 2001–2004
        Language
        • English
        • French