The Partners of McCuaig Desrochers LLP are pleased to announce that Owen Nicholson has joined the firm where he has a general litigation practice. Please see more about Owen here: https://www.mccuaig.com/lawyers/owen-nicholson/.
Patty Farnham
Articling Students for articles commencing in 2026/2027
The Articling Experience at McCuaig Desrochers LLP
At McCuaig Desrochers LLP, the recruitment and training of articling students is a high priority. Our goal is to hire ambitious students who want to become successful, resilient lawyers and business owners.
Type of Work & Articling Experience
McCuaig Desrochers LLP is a mid-sized, full-service law firm. Our practice areas are wide-ranging, from business law and construction to family law, wills and estates, immigration, and employment law. Please refer to our website for more detail on our specific practice areas.
Students at McCuaig do not follow a specific rotation but, rather, receive assignments from all partners at the firm, coordinated and closely guided by their principal. McCuaig views investing in our articling students as investing in both the student and our firm’s future. Consequently, we do not set billable hours targets for students during their articling year, but we expect students to take full advantage of this opportunity by focusing on their legal education and exposing themselves to a wide variety of practice areas.
In addition to the normal duties of a student-at-law, students at McCuaig are also expected to work directly with clients, manage components of files and even make chambers applications (under supervision), to help build their confidence and competence in advance of their call to the bar. As mediation and arbitration are increasingly central to dispute resolution on litigation files, McCuaig also strives to expose students to the panoply of dispute resolution options.
McCuaig offers a competitive benefits package, and our internal policies are aimed at supporting our students and associates through various stages of their working life. Feel free to reach out to one of our current associates to speak with them about their experience.
PREP Course
PREP assignments always come first. The Student and their Principal will work together to make ensure work does not get in the way of completing PREP.
Continuing Education
Professional development and education never ends. At McCuaig, we have a formal mentorship program which matches all associates, following their admission to the bar, with partners suited to assist them with their professional development and practice management. In their first few years following call, associates will continue their legal education while engaging in general practice, with the aim of over time determining which practice areas are the best fit for them.
McCuaig offers universal membership in the Canadian Bar Association and encourages associates to participate in multiple CBA sections and seminars every year. Associates have yearly budgets for various other continuing legal education courses such as webinars, LESA seminars, and conferences.
Candidate Qualifications
McCuaig Desrochers LLP is deeply rooted in the Edmonton community. We are looking for students who either already have, or are willing to develop, strong ties to our community, as well as Northern and Central Alberta. We continue to foster support for and involvement with our diverse local community and we aim to provide our clients with informed and inclusive services.
We are looking for colleagues who are educated, hard-working, dedicated, and resilient. A strong academic record is important, including at the undergraduate and/or graduate level. Each year we find that those candidates chosen for interviews usually have an above-average academic standing in law school, but we also value other achievements, interests, and overall amiability.
Experiences outside of formal education are also important to us, as we look to hire well rounded candidates. For example, ability in another language or another discipline is an asset, but not a requirement. We have several practitioners with an extensive Franco-Canadian practice and one lawyer who provides services in German. We would be honoured to assist (and learn from) students or associates who wish to increase their visibility as lawyers to, and ability to help members of their own cultural, ethnic, religious, social or other communities or causes.
Court Students Welcome
Many of our past partners and associates have articled with the various levels of Alberta Courts. We encourage applications from those who have elected this option and will tailor our articling program accordingly.
The Application Process
All articling applications must contain the following:
- Copies of University transcripts, including undergraduate, graduate (if any), and Law School grades available at time of application (updated to the end of the most recent semester);
- A curriculum vitae showing academic career, employment experience, other activity such as travel, unpaid volunteer work or community service;
- A listing of significant achievements, awards, and special skills such as languages or professional designations;
- A description of any roots or connection to any community, and in particular the broad Edmonton community, noting any particular connection to business, cultural or social organizations;
- Reference letters are strongly preferred, and contacts are helpful. Please provide contact information for your references, and a note of their relationship to you if not providing a letter; and
- One or more telephone numbers and an e-mail address where we may contact you.
Candidates can apply through the viLawPortal from May 12, 2025 to May 20, 2025.
Candidates can also apply by email any time up to and including May 20, 2025 by submitting their applications to Megan Dawson, at mdawson@mccuaig.com
All candidates are asked to submit their application as a single PDF document, and not to email an assortment of separate attachments.
Please ensure you have provided your complete application by the deadline date. We cannot guarantee we will review any applications that are received after this date.
Please note that McCuaig Desrochers LLP does not hire summer students. We would encourage interested law students to apply to our articling program as outlined above. For applicants in 2025 looking to apply for 2026 articling commencement, our deadline for accepting articling applications will be May 20, 2025.
We subscribe to the Law Society’s guidelines for the recruitment process. We carefully screen each application we receive and regret that we cannot grant personal interviews to all applicants.
Application deadline for 2025 Articling Recruitment: | Interview Dates: | Contact: |
May 20, 2025 (viLawPortal applicants – May 12 – May 20, 2025) | June 2 – 6, 2025 | Megan L. Dawson |
Tariffs and Trade War
As you are no doubt aware, we are facing a new world of trade relations with the United States. The imposition of substantial tariffs on Canadian resources and products shipped to the U.S. has already or has the potential to affect your business. With many of our clients being small to medium size businesses, we wanted to provide our insights relating to issues concerning commercial transactions.
Trade War Considerations
At McCuaig Desrochers LLP, our Business Lawyers believe that many of these issues will boil down to contractual considerations.
Examples of agreements which may be affected by tariffs include, but are not limited to:
- product purchase and supply agreements
- purchase orders
- manufacturing and supply agreements
- merger and acquisition agreements
- construction contracts
- leases (re Tenant and Landlord improvements and operating costs)
- service agreements
- management agreements
Your specific business may have further examples. It should also be noted that tariff and trade war consequences are not limited to cross border transactions. For example, a Canadian supplier selling to a Canadian buyer, but relying on supply chain inputs from the U.S. could discover that Canadian reciprocal tariffs (or delivery bans) may be imposed. These developments could then impact such seemingly “all Canadian” contracts, whether by increasing costs or making supply impossible.
Contract Considerations
Delving a little bit deeper, it may be useful to outline a few considerations. There are undoubtedly many more. As a general principal, work on contracts will involve risk management relating to the “what if’s” with the imposition of tariffs.
- Contractual Clauses to Consider
- You may wish to include conditions precedent or subsequent dealing with escape from contracts where tariffs arise.
- Consideration should be given to the allocation of responsibility for tariffs, if escape from a contract is less desirable.
- Force majeure clauses as currently written do not contemplate tariffs as a force majeure. They should be revised to contemplate this, but wording must be carefully considered to ensure there is both an adequate definition of unreasonable and/or punitive tariffs, as well as some likelihood of enforceability.
- Contracts also often include material adverse effect clauses. These should be updated to allow a party to cancel or renegotiate a contract in the event of significant change in economic circumstances arising from tariffs. These clauses will need careful scrutiny and appropriate drafting to be useful and enforceable.
- It is unlikely that informal email transactions and purchase orders will suffice in the face of erratic and arbitrary tariff changes.
- Incoterms
- At the international level, you can consider “Incoterms” – short for international commercial terms.
- These “are a set of globally, recognized trade terms developed by the international chamber of commerce (ICC)”. A glance at the link below will allow you to reflect on such issues as required.
- The link explains many terms, including DDP – delivered duty paid – which provides that the party selling the goods covers all costs associated with delivery of them. Obviously, this is undesirable without an escape clause, where tariffs may unexpectedly arise.
- Your business lawyers should also consider any further terms that may be useful.
While we are not able to advise on such issues as cross-border taxation and transfer pricing, in many cases you may need to review existing or future contractual terms relating to areas such as the purchase or sale of products, manufacturing, and business acquisitions.
With the Covid-19 Pandemic, we saw contracts start to incorporate provisions to deal with many Covid contingencies. The imposition of tariffs and commencement of a trade war should likewise lead to consideration of steps to deal with trade related issues.
If you require any assistance on contractual matters, please do not hesitate to contact us.
©2025 McCuaig Desrochers LLP. All rights reserved. The content of this newsletter is intended to provide general information on McCuaig Desrochers LLP, our lawyers, and recent developments in the law and is not to be relied on as legal advice or opinion.
Recognition by Best Law Firms Canada
McCuaig Desrochers LLP is pleased to announce it is being recognized as Best Law Firms Canada, Edmonton region, in the practice areas of Commercial Leasing Law, Real Estate Law, and Corporate Law in its 2025 edition (McCuaig Desrochers LLP in Edmonton, AB, CA | Best Law Firms).
Best Law Firms – Canada rankings celebrate firms that have consistently demonstrated excellence in legal expertise and industry knowledge. Each firm included has been rigorously evaluated based on client feedback, peer recommendations, leadership interviews, and the depth of their practice. The result is a comprehensive guide for businesses and individuals seeking top-tier legal counsel in Canada.
Welcome Ekampreet “Eky” Singh
McCuaig Desrochers LLP is pleased to welcome Eky Singh as an articling student. Eky completed her undergraduate degree at MacEwan University, earning a Bachelor of Commerce, before pursuing her Juris Doctor at Thompson Rivers University (TRU) in Kamloops, British Columbia.
During her time in law school, Eky was actively involved in various extracurricular activities. She volunteered with Pro Bono Students Canada, focusing on advocacy work for the Fraser Valley Institution for Women. Eky served as a Vice President for the Business Law Society at TRU, where she hosted the TRU Business Law Society Podcast, discussing various corporate and commercial law topics with professionals in the industry. Additionally, she worked as a teaching assistant for Fundamental Legal Skills, mentoring students in skills such as legal analysis, writing, research, and oral advocacy. Eky gained practical experience by spending a summer working at a top corporate boutique law firm in Vancouver.
Outside of her professional life, Eky is passionate about travelling, fitness, and exploring new culinary experiences. She loves trying out new restaurants and is always open to new adventures. Eky is fluent in both English and Punjabi.
Kalmbach v Kalmbach, 2024 ABCA 281 – Best Interests of the Child and Stay Pending Appeal
In Kalmbach v Kalmbach, 2024 ABCA 281, the applicant sought a stay pending appeal from an order of the case management justice, which held her in civil contempt and stayed the payment of child support, spousal support, arrears in support and mortgage payments until she purged her contempt.
Under rule 14.48, the Court has discretion to stay an Order in advance of appeal. Rule 14.48 reads as follows:
14.48 An application to stay proceedings or enforcement of a decision pending appeal may be made:
- to the judge who made that decision, or
- to a single appeal judge, whether or not the application was made to the judge who made the decision, and whether or not that application was granted or dismissed.
The test for a stay is set out in RJR-MacDonald Inc v Canada (Attorney General), 1994 CanLII 117 (SCC). The applicant bears the onus of meeting the test, as reiterated in Kalmbach:
- Serious question – Is the question to be tried a serious one as opposed to a frivolous and vexatious one?
- Irreparable harm – Would the applicant suffer irreparable harm (harm that is difficult to compensate in damages) if the stay is refused?
- Balance of convenience – If the stay is refused, will the applicant suffer greater harm than the respondent would suffer if the stay were granted?
In a family law case, the Court must also consider the best interests of any children who may be impacted by the stay.
In Kamblach the applicant had missed a contempt application, only notifying the case management Justice’s assistant, via email, the day before the appearance that she would not be attending. The applicant argued that granting the order in her absence was a breach of procedural fairness and the order harmed the child, as it stayed child and spousal support.
The applicant was partially successful, and spousal support was reinstated until the Appeal could be heard.
The Court noted that, simply because the best interests of the child are involved, it does not follow that the ‘serious question’ component of the RJR test are met. However, the Court ultimately concluded, under parts two and three of the RJR test, that the suspension of spousal support was adversely impacting the child, who was about to start school.
At McCuaig Desrochers LLP we know that going through a divorce and separation is a challenging time. If you have questions or concerns about your rights or obligations, please contact our Family Law Practice Group for guidance and assistance.
©2024 McCuaig Desrochers LLP. All rights reserved. The content of this newsletter is intended to provide general information on McCuaig Desrochers LLP, our lawyers, and recent developments in the law and is not to be relied on as legal advice or opinion.
2024 Bar Admissions at McCuaig Desrochers LLP
The partners and staff at McCuaig Desrochers LLP are pleased to introduce our newest associates, Klarissa Jeiel Rivero and Hadeel Othman.
Congratulations to you both!
Celebrating 50 Years!
We are honored to celebrate the 50th anniversary of Mr. Robert Curtis, KC, being called to the Bar and practicing at our firm! This significant milestone was marked by naming one of the firm’s boardroom the “Curtis Room.