Mackey Ciara

Education

University of Calgary, Faculty of Medicine, BHSc, 2007 University of Alberta, LLB, 2011 

Bar Admissions

Alberta, 2012

Ciara J. Mackey

Partner

T: 403.298.3005 / E: mackeyc@bennettjones.com

Calgary


Ciara Mackey helps clients navigate their most complex legal problems by providing practical advice and compelling advocacy, legal research, and writing skills.


Ciara's practice focuses on the analysis of complicated legal issues and the preparation of opinions and written argument to support clients in complex corporate, commercial, and litigation matters. With in-depth experience in commercial and energy litigation, Ciara is regularly involved in disputes relating to breach of contract, professional negligence, breach of fiduciary duty, fraud recovery, defamation, and intellectual property rights. 

Ciara has appeared before the Supreme Court of Canada and before all levels of court in Alberta on civil claims and judicial review of administrative tribunal decisions, and has experience in alternative dispute resolution. In addition, she has served as legal counsel to the Court of Appeal of Alberta.

Ciara's work has been published in a number of publications, including the Alberta Law Review, and she regularly presents at internal and external continuing legal education conferences and seminars.  

During law school, Ciara was actively involved with the Health Law Institute at the University of Alberta and has published and presented on issues of health law, technology, and policy. In 2011, Ciara was awarded the George Bligh O'Connor Silver Medal in Law from the University of Alberta.

Prior to joining Bennett Jones, Ciara served as a law clerk to the Court of Appeal of Alberta.

Select Experience

  • The landlord in a successful claim for breach of lease against a tenant who had leased an entire 37 story office building and then vacated it with 12 years left on the lease, claiming that a minute amount of hazardous materials in building materials from decades earlier justified that decision.  CNOOC Petroleum North America ULC v 801 Seventh Inc, 2025 ABKB 145; 2023 ABCA 97 ; 2021 ABQB 861; 2021 ABQB 81
  • A large energy company in prosecuting allegations of fraud and self-dealing against a group of former contractors
  • Dow Chemical Canada ULC and Dow Europe GmbH, in a successful $1.3-billion breach of contract claim against the operator of a jointly owned ethylene manufacturing facility
  • Wood Group Mustang (Canada) Inc., in defence of an action commenced by Canadian Natural Resources Limited, in the failure of an underground emulsion pipeline in 2009. Amounts claimed are in excess of $80 million
  • The Mayor of Calgary in defence of a $6-million defamation claim advanced by a developer relating to comments made relating to election financing laws
  • Various energy industry companies in defending multi-million dollar copyright claims over use of seismic data

Recent Insights, News & Events

  • Bennett Jones Litigation Team Wins Major Claim Against China National Offshore Oil Corporation
    Client Work / April 01, 2025
    On March 14, the Court of King’s Bench released its judgment in CNOOC Petroleum North America ULC v 801 Seventh Inc. After discovering small concentrations of an asbestos-containing material from construction in the 1980s, CNOOC terminated its lease of the entire Nexen Tower, a major high rise office building in downtown Calgary, with twelve years remaining on its lease.
  • No Space for Error: Invalid Indemnity Claim in Asset Transaction Failed to Follow Notice Terms
    Blog / December 18, 2024
    The latest dispute in the asset deal between Spacebridge Inc. and Baylin Technologies Inc.1 is a stark warning to anyone delivering a notice of indemnification claim against funds held in escrow.
  • Dancing the Two-Step to Appeal an Arbitration Award in Alberta
    Blog / July 26, 2024
    In its recent decision in Quanta Canada Holdings II ULC v Bremar Construction Ltd, 2024 ABKB 317, the Alberta Court of King's Bench established a principled framework for considering an application for permission to appeal an arbitral award under sections 44(2) and 44(2.1) of the Arbitration Act. In Alberta, if the governing arbitration agreement does not provide a broader right of appeal, permission to appeal under section 44 is limited to questions of law where the importance to the parties of the matters at stake in the arbitration justifies an appeal and the determination of the question of law at issue will significantly affect the parties' rights.
  • Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims
    Blog / March 26, 2024
    The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA 60. Section 218 of Alberta's Environmental Protection and Enhancement Act, RSA 2000, c E-12 gives a judge discretion to extend a limitation period "where the basis for the proceeding is an alleged adverse effect resulting from the alleged release of a substance into the environment".  However, no extension was granted in the case of a claim for remediation costs against other alleged contributors to a pipeline spill.
  • “Utter Waste of Time”: Alberta Court of Appeal Provides New Guidance on Civil Practice Note 7
    Blog / February 07, 2024
    Civil Practice Note 7, entitled “Vexatious Application/Proceeding Show Cause Procedure”, is a useful tool to manage hopeless litigation quickly and efficiently. Introduced in 2018, it is a summary procedure under Rule 3.68 of the Alberta Rules of Court that may be used to address a “claim, defence, action, application, or proceeding that appears on its face to be frivolous, vexatious, or otherwise an abuse of process.” It is intended as a “fair and proportionate mechanism to respond to apparently abusive litigation”.
  • Bennett Jones is Top in Lexpert's Top 10 Business Decisions of 2022-2023
    Announcements / November 23, 2023
    Bennett Jones acted on four of Lexpert's Top 10 business decisions of 2022-2023—more than any other law firm.  The Top 10 is an annual look at the most significant judicial rulings in Canada affecting the business community. This stellar performance once again shows how Bennett Jones is the firm that clients trust with their biggest and most complex legal matters.
  • Leaving the Court in Peace: the Alberta Court of Appeal Applies Narrow Limitations Exception for Declaratory Relief
    Blog / June 23, 2023
    The Alberta Limitations Act does not apply to requests for "a declaration of rights and duties, legal relations or personal status". The exception is narrow. But as recently confirmed by the Alberta Court of Appeal in Bacanora Minerals Ltd v Orr-Ewing (Estate), 2023 ABCA 139 (Bacanora), declaratory relief can serve useful and valid purposes in a contractual dispute, where the party is prepared to "leave the court in peace" with only a declaration in hand. Although parties must advance claims for damages and other remedial relief within the limitations period, the Court held that no time limit applied for seeking a declaration that the parties' contract was void.
  • Counsel Comments: Alberta Take Five April Edition
    In The News / May 10, 2023
    Michael Mysak, Ciara Mackey and Alicia Yowart comment in the April edition of Take Five on an Alberta Court of Appeal decision—CNOOC Petroleum North America ULC v. 801 Seventh Inc., 2023 ABCA 97—that clarified the limitations on pre-trial questioning of third-party consultants. 
  • What's Done is Done: Alberta Court of Appeal Declines to Unwind Arrangement Transaction Despite Errors in Approval Process
    Blog / February 01, 2023
    Despite finding a clear error resulting in warrant holders being deprived of meeting and voting rights under a court-approved plan of arrangement, the Alberta Court of Appeal declined to grant relief and unwind the underlying transaction once it had closed: Taiga Gold Corp v Munday, 2023 ABCA 12. This recent appeal highlights the unwillingness of the courts to unwind a completed transaction and the importance of seeking interim relief to preserve the status quo in the event of a dispute about the proper approval of a plan of arrangement. 
  • Bennett Jones in Top Ten Business Law Decisions of 2022
    Announcements / January 23, 2023
    The annual top 10 business law decisions of 2022 have been announced and Bennett Jones acted as counsel for the Receiver in number five—Peace River Hydro Partners v Petrowest Corp. In this much-anticipated November 10, 2022, decision, a unanimous Supreme Court of Canada (SCC) addressed the intersection of arbitration and insolvency law, ruling that an otherwise valid arbitration agreement may be “inoperative” in the context of a court-ordered receivership under the Bankruptcy and Insolvency Act.
  • Double Vision: Alberta Court of Appeal Confirms Double Costs Follow Formal Offer in Interlocutory Appeal
    Blog / November 28, 2022
    Awarding double costs on appeals following a formal offer to settle encourages parties to resolve claims quickly among themselves and at the least expense, the Alberta Court of Appeal recently confirmed in Mostafa Altalibi Professional Corporation v Lorne S. Kamelchuk Professional Corporation, 2022 ABCA 364. The decision settles the law on when a formal offer made during an appeal will trigger an award of double costs under the Alberta Rules of Court and confirms that those cost consequences follow even when the appeal does not finally resolve the claims between the parties.
  • The Supreme Court of Canada Rules on Intersection of Insolvency and Arbitration Law
    Blog / November 10, 2022
    On November 10, 2022, the Supreme Court of Canada issued its much-anticipated decision in Peace River Hydro Partners v Petrowest Corp, 2022 SCC 41, addressing a key intersection of insolvency and arbitration law—whether and in what circumstances a contractual agreement to arbitrate should give way to the public interest in the orderly and efficient resolution of a court-ordered receivership.
  • SCC Sets Out Framework for Deciding When Arbitration Clauses Can Be Overridden in Insolvency Cases
    In The News / November 10, 2022
    Kelsey Meyer is featured in The Lawyer's Daily after the successful representation of the respondents in the case of Peace River Hydro Partners v. Petrowest Corp, 2022 SCC 41. Kelsey reviews the impacts of Justice Côté's non-exhaustive list of factors on future cases. Kelsey was joined in this representation by Bennett Jones' Ciara Mackey, Stephanie Clark, Paul Romaniuk and Adam Williams.
  • Entire Agreement Clause and Due Diligence Cannot Oust Fraudulent Misrepresentation
    Blog / November 08, 2022
    The defence of misrepresentation is still alive in circumstances involving entire agreement clauses and opportunities for due diligence, the Ontario Court of Appeal recently held in 10443204 Canada Inc. v 2701835 Ontario Inc., 2022 ONCA 745. In setting aside a summary judgment decision, the Court of Appeal confirmed that the existence of an entire agreement clause and opportunities to discover the truth cannot preclude a party from raising fraudulent misrepresentation to answer an alleged breach of contract, even when there is no inequality of bargaining power.
  • Litigating Across the Ambassador Bridge—Canadian Law & Practice Tips for Michigan Litigators
    Articles / July 20, 2022
    Ciara Mackey is featured in The Litigation Journal's Spring/Summer 2022 Edition for the State Bar of Michigan, sharing tips for Michigan attorneys interacting with Canadian law and litigation.
  • Spring 2022 Commercial Litigation Update
    Event / June 28, 2022
    Please join the Bennett Jones Commercial Litigation group for a special presentation on updates in the commercial litigation landscape for 2022 and beyond. Topics discussed will include class actions on the rise; contractual performance in an era of pandemics, wars and supply chain disruptions; and recent cases of interest.
  • Drawing Plausible Inferences on Limitation Period Questions: The SCC Articulates the Test for Discoverability
    Blog / August 11, 2021
    A claim is "discovered" (and therefore the statutory limitation period ordinarily begins to run) when a plaintiff has actual or constructive knowledge of the material facts upon which a plausible inference of liability on the part of the defendant can be drawn. That is the conclusion of the Supreme Court of Canada in a July 29, 2021, unanimous decision that sets the standard to be applied for discoverability under Canadian limitations laws: Grant Thornton LLP v New Brunswick, 2021 SCC 31.
  • You Oughta Know: The General Principles of Contractual Interpretation Apply to Releases
    Blog / July 26, 2021
    Releases are to be interpreted pursuant to the general principles of contractual interpretation, the Supreme Court of Canada recently held in Corner Brook (City) v Bailey, 2021 SCC 29. The decision overtakes an earlier principle for narrowly interpreting the scope of a release—the Blackmore Rule—and brings the interpretation of releases in line with the general principles of contract interpretation adopted by the Supreme Court in Sattva Capital Corp v Creston Moly Corp, 2014 SCC 53. Releases, like any other contract, must be read "as a whole, giving the words used their ordinary and grammatical meaning, consistent with the surrounding circumstances known to the parties at the time of formation of the contract.
  • Bennett Jones Nominated in 2021 Chambers Law Awards
    Announcements / July 12, 2021
    Bennett Jones is nominated in the following four categories in the 2021 Chambers Law Awards: Healthcare Law Firm of the Year, Real Estate Law Firm of the Year, Corporate Lawyer of the Year, Real Estate Lawyer of the Year.
  • Commercial Litigation Update
    Event / June 16, 2021
    Big Litigation, the Expanded Duty of Good Faith, and Litigating During a Pandemic. Please join members of our Commercial Litigation group in this three-part webinar as they discuss two recent large-scale litigation cases, the expanded duty of good faith and litigating during a pandemic.
  • Alberta Court of Appeal Upholds $1-billion Dow Judgment Against Nova Chemicals
    Client Work / September 28, 2020
    In a decision issued September 16, 2020, the Alberta Court of Appeal upheld Dow Chemical Canada's $1-billion judgment against NOVA Chemicals that had been awarded by the Alberta Court of Queen's Bench [...]
  • Bennett Jones Names New Partners
    Announcements / April 06, 2020
    Bennett Jones is pleased to announce that 27 lawyers have been admitted to the partnership. They serve clients from our offices throughout the firm and represent a cross section of our key industry groups and practice areas including corporate, litigation and dispute resolution, regulatory and tax.
  • Are Lawyers' Notes Privileged?
    Blog / June 08, 2017
    A recent English decision on privilege has cast doubt on the legal protection provided to lawyers' work product when assisting corporate clients with internal investigations. In The Director of the Serious [...]
  • Scott Bower and Ciara Toole Blog Quoted in Financial Post on Hague Convention Rules
    In The News / April 10, 2013
    In the Financial Post article, "Hague Convention Rules Makes Service of Ontario and Alberta Processes Outside Canada More Complex," Julius Melnitzer quotes the Bennett Jones Thought Network blog post by Scott Bower and Ciara Toole, "Service of Alberta Process Outside of Canada Now More Complicated".
  • Service of Alberta Process Outside of Canada Now More Complicated
    Updates / April 08, 2013
    The Ontario Court of Appeal has confirmed the proper reading of the latest Alberta Court of Appeal decision on service ex juris under Alberta law, which greatly complicates serving legal documents outside of Canada.  In our August 2012 Bennett Jones Update, “Recent Alberta Court of Appeal Decision on Service Ex Juris and the Hague Convention,” we discussed the Alberta Court of Appeal's decision in Metcalfe Estate v Yamaha Motor Powered Products Co Ltd, 2012 ABCA 240, noting important implications for the service of documents from Alberta into international jurisdictions that are signatories to the Hague Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters. In Metcalfe, the Court held that service under the Alberta Rules of Court in Hague Convention signatory states must comply with the requirements of the Hague Convention. In our August 2012 update, we noted that the ruling brought Alberta in line with current Ontario law on this issue and made international service more complicated. Published on the Bennett Jones Thought Network.
  • Alberta Privacy Law Decision to be Reviewed by the Supreme Court of Canada
    Updates / November 01, 2012
    On October 25, 2012, the Supreme Court of Canada granted leave to appeal a decision of the Alberta Court of Appeal that narrowed the application of privacy laws in Alberta. In United Food and Commercial Workers, Local 401 v Alberta (Attorney General), 2012 ABCA 130, the Court of Appeal questioned the constitutionality of Alberta's Personal Information Protection Act (PIPA) and protections against the collection, use, and disclosure of personal information in the context of labour strike activities.  
  • Privacy and Freedom of Expression: A Difficult Balance
    Articles / August 22, 2012
    Just as privacy rights gain new footing by the Ontario Court of Appeal's decision to recognize the tort of “intrusion upon seclusion,” Alberta's highest court has taken an important turn by questioning the legitimacy of legislative protections against the collection, use, and disclosure of personal information in the context of a labour dispute. In United Food and Commercial Workers, Local 401 v. Alberta (Attorney General), the Alberta Court of Appeal declared that the Alberta Personal Information Protection Act unconstitutionally restricts labour unions from recording images of individuals as they cross picket lines. Although the Court chose not to strike or read down the legislation, the panel unanimously condemned the broad application of PIPA to activities engaging any form of protected free expression. This article introduces the United Food decision and offers a brief discussion of the Court's analysis and conclusions based on existing Charter jurisprudence. Until further consideration by the Supreme Court of Canada, this appellate decision is likely to garner active discussion and debate among privacy law practitioners and scholars alike. Written by Martin P.J. Kratz, Sebastien Gittens and Ciara Toole and published in the Canadian Privacy Law Review, Volume 9, Number 9.
  • Recent Alberta Court of Appeal Decision on Service Ex Juris and the Hague Convention
    Updates / August 20, 2012
    On July 31, 2012, the Alberta Court of Appeal released Metcalfe Estate v Yamaha Motor Powered Products Co., Ltd., 2012 ABCA 240. The case has important implications for the service of documents from Alberta into international jurisdictions which are signatories to the Hague Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters, such as the US, UK, China, Germany, France and Norway. 
  • Fiduciary Law and the Constructive Trust: Perfecting the Fiduciary Undertaking
    Articles / March 01, 2012
    With the welcomed release of two unanimous decisions from the Supreme Court of Canada in Galambos v Perez and Alberta v Elder Advocates of Alberta Society, the requirements for recognizing fiduciary relationships and obligations have been narrowed and refreshed. Reducing confusion and finally uniting the Court in the area of fiduciary law, Justice Cromwell held in Galambos that all fiduciary obligations must be founded by an undertaking, either express or implied, on the part of the fiduciary to act in the interest of the other party. Where this undertaking provides the fiduciary with a "discretionary power to affect the other party's legal or [substantial] practical interests," the law provides a strict legal framework of liability in accordance with the scope of fiduciary obligations. This undivided direction from the Supreme Court was echoed by Chief Justice McLachlin in Elder Advocates, providing a powerful tool through which to recognize fiduciary relationships and understand the scope of fiduciary duty and liability from the nature of the fiduciary relationship itself. Nevertheless, the "Galambos approach" remains new and incomplete in its application in determining the scope of fiduciary duties and accountability. Published in Alberta Law Review, Volume 49, No. 3.
  • Medical Diagnosis of Legal Culpability: The Impact of Early Psychiatric Testimony in the 19th Century English Criminal Trial
    Articles / March 01, 2012
    Fast-paced developments in psychiatry, neuroscience and emerging neuroimaging technologies place continual pressure on the legal recognition of mental illness and disease across jurisdictional boundaries. Nevertheless, the Canadian legal definition of exculpatory mental disease in the context of criminal liability has remained largely static, sheltered from the immediate influence of medical theory and advancements. In order to effectively reflect on the intersection of mental health and criminal justice systems in this area, it is important to understand its historical development and the English common law origins of the current approach. Published in the International Journal of Law and Psychiatry, Volume 35, No. 2.
  • Research Ethics Challenges in Neuroimaging Research: A Canadian Perspective
    Articles / January 01, 2012
    Neuroimaging research continues to engage the imaginations of scientists, members of the media, and the general public. As an area of human subject research, it also raises a number of research ethics issues that, while not necessarily unique to neuroimaging, offer particular challenges in this growing domain. Here, we consider a number of the key research ethics issues that are emerging as being of central importance to the continued development of this field. We will situate our discussion within the Canadian framework, but many of the issues raised will have broad jurisdictional relevance. While providing a comprehensive examination of all of the research ethics issues implicated by neuroimaging research is beyond the scope of this review, it is hoped that this paper will serve as a useful overview and guide to researchers, research ethics boards, and others interested in neuroimaging research. Co-authored by Ciara Toole, Amy Zarzeczny, Timothy Caulfield and published in International Neurolaw: A Comparative Analysis, T.M. Spranger (ed.) Springer, 2012.
  • The Age of Personalized Genomics
    Articles / December 01, 2009
    Co-authored by Ciara Toole & Christen Rachul and published in Journal of International Biotechnology Law, Volume 6, Issue 6.
  • Stem Cell Network Annual General Meeting 2009
    Speaking Engagements / November 01, 2009
    Ciara Toole is a plenary speaker at the Stem Cell Network AGM in Montreal, Quebec and presents "Stem Cell Tourism: The Patient's Online Perspective”, co-authored by Ciara Toole, Christen Rachul, Amy Zarzeczny and Timothy Caulfield.