Lawyer Profile Detail
Kara L. Smyth
AREA OF EXPERTISE
University of Saskatchewan
Kara Smyth is a partner in our Litigation Group in Calgary. Her practice focuses on corporate commercial, class action and public law litigation.
Kara has appeared before all levels of court in Alberta and the Federal Court, including complex interlocutory motions, judicial reviews, trials and appeals. She has represented clients from a wide range of industries such as oil and gas, wind farm development, commercial real estate, retail, agrosciences and technology in disputes concerning commercial contracts, class actions, departing fiduciary obligations, product liability and a variety of other matters concerning complex commercial transactions. She has also represented clients with respect to copyright, patent and licensing disputes.
Kara has represented clients such as: Direct Energy, Canada Mainstream and Renewable Power; Costco Canada Liquor Inc.; Dow AgroSciences Canada; Edward Jones; Emergo; ENMAX; Hopewell Development Corp.; IROC Energy Services; NovAtel Inc.; Olymel; Scotia Capital; Shell Canada; Spectra Energy; LGX Oil + Gas Inc., and the City of Medicine Hat.
Kara is recognized in the Canadian Legal Lexpert Directory as a leading lawyer in the area of class actions.
Kara is a member of the Canadian Bar Association and the Law Society of Alberta. She is also a member of McCarthy Tétrault’s consumer retail and class action groups. She received a BA (Honours) in political studies in 1996 and her LLB in 2000, both from the University of Saskatchewan. She completed her articles of clerkship with the Court of Queen’s Bench and Court of Appeal of Alberta in 2001.
Transactions & Cases
¬ Apotex Inc. v Alberta, 2001 ABQB 922, 302 A.R. 80 (Q.B.)
¬ Apotex Inc. v Alberta, 2003 ABQB 750, 35 Alta. L.R. (4th) 134 (Q.B.); 2006 ABCA 133, 58 Alta. L.R. (4th) 1 (C.A.)
¬ Vrana v Procor Ltd., 2003 ABQB 98, 10 Alta. L.R. (4th) 40 (Q.B.); 2004 ABCA 126, 25 Alta. L.R. (4th) 201 (C.A.)
¬ Olymel S.E.C. v Premium Brands Inc., 2005 ABQB 312, 7 B.L.R. (4th) 250 (Q.B.)
¬ Wilde v Archean Energy Ltd., 2006 ABQB 207, 55 Alta. L.R. (4th) 125 (Q.B.); 2007 ABCA 164,  A.J. No. 506 (C.A.);  S.C.C.A. No. 53
¬ ARAM Systems Ltd. v NovAtel Inc., 2006 ABQB 697, 152 A.C.W.S. (3d) 1121 (Q.B.)
¬ ARAM Systems Ltd. v NovAtel Inc., 2008 ABQB 441, 98 Alta. L.R. (4th) 1 (Q.B.); 2009 ABCA 262, 8 Alta. L.R. (5th) 199 (C.A.);  S.C.C.A. No. 382
¬ Alberta Liquor Store Assn. v Alberta (Gaming and Liquor Commission), 2008 ABQB 595, 97 Alta L.R. (4th) 331 (Q.B.)
¬ 1016637 Alberta Ltd. v Condominium Corp. No. 891 0469, 2008 ABQB 735,  A.J. No. 1319 (Q.B.)
¬ Transcanada Energy Ltd. v Alberta, 2009 ABQB 717, 18 Alta. L.R. (5th) 34 (Q.B.)
¬ Heritage Wind Farm Development Inc. v Pincher Creek (Municipal Division No. 9), 2010 ABCA 181,  A.J. No. 633 (C.A.)
¬ Leon’s Furniture Limited v Alberta (Information and Privacy Commissioner), 2011 ABCA 94, 45 Alta. L.R. (5th) 1 (C.A.);  S.C.C.A. No. 260
¬ Balm v Aikins MacAuley & Thorvaldson LLP, 2011 ABQB 650, 562 A.R. 82 (Q.B.); 2012 ABCA 96, 522 A.R. 402 (C.A.)
¬ “Dunsmuir: The Shift from Three Standards of Review to Two, Towards One” by Geoff Hall, Catherine Mandeville, Kara Smyth and Andrew Wilkinson June 30, 2008.
¬ ARAM Systems Ltd. v. NovAtel Inc.: “Location, Location, Location”: A Claim of Inventorship to a US Patent by Timothy S. Ellam and Kara Smyth November 4, 2008.
¬ “Dunsmuir Considered” by Geoff Hall, Kara Smyth and Andrew Wilkinson March 25, 2009.
¬ “Dunsmuir: Considered by the SCC in Khosa” by Geoff Hall, Kara Smyth and Andrew Wilkinson July 23, 2009.
¬ “Remedies Under a Business Corporation Act to Protect an Existing Brand on Mark” by Timothy S. Ellam and Kara Smyth September 17, 2009.
¬ “ARAM Systems Appeal Dismissed Against NovAtel” Lexpert April 1, 2010.
¬ “Class Action Litigation: Recent Developments of Importance” by Céline Legendre, Kara Smyth and Eric Block in Lexpert.
¬ Quoted in the article “Alberta is Sixth Province to Ease Class Actions” after interview by Darryl-Lynn Carlson, Financial Post, December 22, 2010 at FP14.
Significant Privacy Law Decision from the Alberta Court of Appeal
Class Action Litigation: Recent Development of Importance Guide1
Historic Defamation Decision Recognizes New Defence: Responsible Communication on Matters of Public Interest
Remedies Under a Business Corporations Act to Protect an Existing Brand or Mark
Dunsmuir Considered by the SCC in Khosa
ARAM Systems Ltd. v. NovAtel Inc.: "Location, Location, Location": A Claim of Inventorship to a US Patent
Dunsmuir: The Shift from Three Standards of Review to Two, Towards One
Transactions & Cases
Shell divests oil sands interests in Canada
Leon’s claim to use personal information for reasonable purposes, held in Alberta Court of Appeal
ARAM Systems Ltd's appeal dismissed against NovAtel Inc. regarding litigating US Patent Law in Canada
ENMAX Corporation judicial review application