Dana Schindelka

Partner

About

Bar admissionsAlberta, 2003Saskatchewan, 1997

EXPERIENCE

Member of a counsel team that intervened at the Supreme Court of Canada in the case which established the Canadian test for vicarious liability for intentional torts.

Dana has acted in many cases addressing business conflicts including breaches of contract, business dissolution, interference with business relationships, disputes over non-solicitation and non-compete clauses, breach of fiduciary duty, oil and gas issues, shareholder disputes, partnership issues, lease disputes, landlord-tenant issues, fraud and debt collection.

Defended lawyers in Law Society of Alberta proceedings, as well as the Court of Queen’s Bench and Court of Appeal, with respect to various citations.
Defended physicians in Alberta College of Physicians and Surgeons’ proceedings, as well as the Court of Queen’s Bench and Court of Appeal, with respect to numerous allegations.
Defended accountants in discipline hearings with the Institute of Chartered Accountants of Alberta.
Defended dentists with respect to malpractice claims and in discipline proceedings with the Alberta Dental Association & College.
Defended pharmacists in discipline hearings with the Saskatchewan College of Pharmacy Professionals.
Defended real estate agents regarding negligence and breach of contract claims.
Defended psychologists in College of Alberta Psychologists’ disciplinary proceedings and at the Court of Queen's Bench.
Defended engineers in Association of Professional Engineers and Geoscientists’ disciplinary proceedings.
Defended social workers in Alberta College of Social Workers disciplinary proceedings.

Dana has represented clients with respect to recruiting, hiring and terminating employees. He has ‎provided advice with respect to group terminations and business closures, defending wrongful ‎dismissal claims and human rights complaints, and the preparation of employment, consulting and ‎independent contractor agreements, including advising with regard to the enforceability of non-‎solicitation, non-competition and confidentiality agreements. Dana also regularly advises employers on ‎matters such as employment standards, arbitrations, and insurance matters.‎

Represented numerous franchisors in disputes with franchisees, suppliers, landlords and others.
Represented franchisees in disputes with franchisors.

Represented various insurance corporations with respect to claims involving property loss, life insurance, professional malpractice, investments, and personal injury.

Dana has conducted independent investigations on various matters and has also advised numerous clients with respect to responding to investigations.

Letters Rogatory – Enforced requests from foreign courts to take evidence from witnesses residing in Canadian jurisdictions and remitted to the court making the request.
Anton Piller Orders – Acted as both as applicant’s counsel and Court appointed counsel with regard to Anton Piller Orders, which are designed to secure entry to businesses, residences and other locations to preserve evidence when there is a risk that it may be destroyed.
Mareva Injunctions – Obtained Mareva injunctions in order to ensure that assets within the jurisdiction of the court are not taken out of the province or destroyed.
Judicial Review – Brought numerous judicial review applications concerning decisions made by administrative bodies.

Represented hundreds of adults who were childhood victims of sexual abuse with respect to claims against various churches, the federal government, and individual perpetrators.
Represented individuals in Alberta and British Columbia personal injury claims where motor vehicle accidents caused serious injuries.

Languages

Education

LL.B., Dalhousie Law School, 1996

B.A., University of Regina, 1992

Athol Murray College of Notre Dame, 1988

Awards