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Munaf Mohamed KC

Lead Director and Partner

Lead Director and Partner | Email

T: 403.298.4456

T: 416.777.6237

Email

Calgary / Toronto

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Mohamed Munaf
 
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T: 403.298.4456

T: 416.777.6237


Email

Calgary / Toronto

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Munaf Mohamed has been recognized as one of Canada's leading trial and appellate counsel, specializing in complex, high stakes disputes in virtually every area of corporate and commercial litigation, including international fraud, energy, product liability, infrastructure and construction, securities and defamation. He maintains a national practice and has been lead counsel in numerous trials, appeals, arbitrations and judicial review hearings across the country, including a number of multi-month trials. He is head of the firm's economic and financial crimes practice and has repeatedly been named by Benchmark Litigation as one of the top 50 trial lawyers in Canada, and is an inducted Fellow of the International Academy of Trial Lawyers. 

Chambers Canada, Litigation Commercial

"Munaf Mohamed is the best Canadian commercial litigation silk I have worked with. Absolutely outstanding quality of work. His experience and the quality of his advice is second to none."

Chambers Canada, Litigation Commercial

"Without doubt a huge leader in the market."

Ranked Band 1, Chambers recently quoted a source commenting on his extensive trial experience in the commercial litigation field, "He is incredibly good strategically and deadly with a witness. He is very good on his feet in front of judges and arbitrators." 

In the economic and financial crimes area, Munaf has extensive experience leading fraud and asset recovery proceedings domestically and internationally, obtaining worldwide freezing injunctions (Mareva orders), Norwich Pharmacal orders, Anton Piller Orders and seeking asset recovery and enforcement in over 20 countries. He has been counsel in some of the largest fraud litigation claims in Canada and abroad.

Munaf also maintains an active arbitration practice having led arbitration proceedings both domestically and internationally under the Rules of the International Chambers of Commerce, the London Court of International Arbitration, the American Arbitration Association, including the ICDR Canada as well as the CPR, International Institute for Conflict Prevention Resolution, in Canada, the United States, South America, the United Kingdom and Europe. 

In the white collar defence and investigations area, Munaf is regularly asked to advise on and lead investigations on behalf of boards and special committees on issues of accounting fraud, bribery (CFPOA/FCPA), money laundering, and other sensitive matters. These frequently involve domestic regulators and law enforcement, as well as working and coordinating with colleagues in different jurisdictions on multi-jurisdictional investigations involving various agencies including the U.S. Department of Justice, Securities and Exchange Commission, the UK Serious Fraud Office and others.

Chambers Canada, White Collar Crime & Government Investigations

"Munaf Mohamed is a trusted strategic adviser. We reach out to him on our most complex litigation and investigations, often C-suite and board-facing matters."

As well, Munaf is regularly called upon to advise upon, prosecute and defend claims in defamation. Munaf has defended a number of high profile politicians accused of defamation and, most recently, Munaf defended former Calgary Mayor Naheed Nenshi, in respect of a $6-million defamation claim advanced by a developer relating to comments made relating to election financing laws.

With over 125 reported cases, Munaf has extensive trial and appellate experience across Canada. Since serving as a law clerk to the Honourable Justice Willis O'Leary, with the Alberta Court of Appeal, he has appeared as lead counsel before the Superior Courts, both trial and appellate, in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, the Federal Courts, with multiple appearances before the Supreme Court of Canada.

Munaf has been named in virtually every legal reporting agency including Chambers Global, the Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada, Lexpert Guides to Canada's Leading Litigation Lawyers, Who's Who Legal: Canada, as a leading practitioner in the Business Crime practice area, The International Who's Who of Business Crime Defence Lawyers 2011, The International Who's Who of Business Lawyers 2011, The International Who's Who of Business Crime Defence Lawyers and The International Who's Who of Asset Recovery Lawyers 2012 as a leading specialist globally, Global Investigations Review, the Legal 500, Benchmark Canada: the Top 50 Trial Lawyers in Canada and Best Lawyers in Canada.

In addition to having taught at the Bar Admission courses, Munaf regularly speaks on trial and appellate practice, as well matters relating to fraud, investigations and defamation. He was former Chair of the Board of Directors of Inn from the Cold, an organization dedicated to ending family and child homelessness in Calgary and also served on the Economic Advisory Board of the Jesuits of Canada. Munaf is a member of the Bennett Jones Partnership Board and serves as its lead director.

Education

University of Alberta, BA, 1991, with honours University of British Columbia, LLB, 1994 Mediating Disputes Program, Program on Negotiation, Harvard Law School, 2017 

Bar Admissions

Alberta British Columbia Saskatchewan Ontario

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Sakab Saudi Holding Company. - Leading proceedings, including obtaining various extraordinary orders (Mareva injunctions and Norwich relief) on behalf of a group of Saudi entities against a former Saudi government minister alleged to have misappropriated, in conspiracy with members of his family and others, $5.36 Billion USD from the plaintiff companies through various offshore structures.   
Defending a global investment firm specializing in the metals and materials industry in an action claiming specific performance and damages of $300 million USD relating to an alleged breach of an agreement to sell a mining royalty. Lithium Royalty Corporation v. Orion Resource Partners et. al.  2023 ONCA 697
Defending an action on behalf of an international engineering firm relating to allegations about the inadequacy of the design and construction of a buried, high temperature oil bitumen pipeline where claims now exceed $700 million. CNOOC Petroleum North America ULC v. ITP SA, Wood Group Canada Inc. 2023 ABKB 689
Leading appellate proceedings on behalf of a North American Railway in respect of a judgment for over $200 million relating to a failed real estate transaction and the claimed opportunity for a real estate development. Remington Development Corporation v. Canadian Pacific Railway, 2023 ABKB 493
NEP Canada ULC, as plaintiff's counsel, in a successful $185-million judgement, after a three-and-a-half month trial, for fraud and breach of contract arising from misrepresentations made by the vendor in selling infrastructure assets—a judgment that included one of the largest loss of opportunity awards ever made in Alberta (NEP Canada ULC v MEC OP LLC et al, 2021 ABQB 180)
NEP Canada ULC. Prosecution of a claim of breach of contract and fraud relating to the purchase of substantial oil and gas assets in Canada with claims in excess of $500 million culminating in a 3-month trial
Wood Group Mustang (Canada) Inc., in defence of an action commenced by Canadian Natural Resources Limited, relating to the failure of an underground emulsion pipeline in 2009. Amounts claimed are in excess of $80 million. Canadian Natural Resources Limited v. ShawCor Ltd., 2013 ABQB 230; Canadian Natural Resources Limited v. ShawCor Ltd., 2014 ABCA 289; Canadian Natural Resources Limited v. ShawCor Ltd., 2016 ABCA 21
A major financial institution in a fraud recovery lawsuit to seek recovery of losses arising from a sophisticated cheque-kiting scheme involving the cycling of hundreds of millions of dollars in Canada and the United States – Bank of Montreal v. Mair Faibish et al.
Bank of Montreal v. Cochrane, 2010 ABQB 430
Bank of Montreal v. Cochrane
, 2010 ABQB 541
Bank of Montreal v. Cochrane
, 2010 ABQB 542
Bank of Montreal v. Cochrane
, 2010 ABQB 545
Bank of Montreal v. Cochrane
, 2010 ABQB 548
Compton Petroleum Corp. v. Alberta Power Ltd., [1999] A.J. No. 218 ABQB 1999/01/15 Alberta Judgments
Sylvan Lake Golf & Tennis Club Ltd. v. Performance Industries Ltd., [1999] A.J. No. 741 ABQB 1999/06/17 Alberta Judgments
Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club Ltd., [2000] A.J. No. 408 ABCA 2000/04/17 Alberta Judgments
Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club Ltd., [2002] 1 S.C.R. 678 CASCC 2002/02/22 Supreme Court Reports
Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club Ltd., [2002] S.C.J. No. 20 CASCC 2002/02/22 Supreme Court of Canada Judgments
Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club Ltd., [2000] S.C.C.A. No. 260 CASCC 2000/05/25 Supreme Court of Canada Rulings on Applications for Leave to Appeal and Other Motions
O'Fearghail Holdings Ltd. v. Bignold, [2001] A.J. No. 793 ABQB 2001/06/18 Alberta Judgments
Refco Alberta Inc. v. Nipsco Energy Services Inc., [2002] A.J. No. 659 ABQB 2002/05/15 Alberta Judgments
Refco Alberta Inc. v. Nipsco Energy Services Inc., [2002] A.J. No. 1427 ABCA 2002/11/07 Alberta Judgments
Refco Alberta Inc. v. Nipsco Energy Services Inc., [2002] A.J. No. 1567 ABCA 2002/12/05 Alberta Judgments
Refco Alberta Inc. v. Nipsco Energy Services Inc., [2003] A.J. No. 455 ABCA 2003/03/27 Alberta Judgments
Booth v. Knibb Developments Ltd., [2002] A.J. No. 957 ABCA 2002/07/26 Alberta Judgments
Bank of Montreal v. Lysyk, [2002] A.J. No. 1124 ABQB 2002/09/20 Alberta Judgments
Bank of Montreal v. Lysyk, [2002] A.J. No. 1354 ABQB 2002/11/04 Alberta Judgments
Bank of Montreal v. Lysyk, [2003] A.J. No. 62 ABQB 2003/01/17 Alberta Judgments
Bank of Montreal v. Lysyk, [2003] A.J. No. 276 ABQB 2003/02/25 Alberta Judgments
Bank of Montreal v. Lysyk, [2003] A.J. No. 286 ABQB 2003/02/27 Alberta Judgments
Bank of Montreal v. Lysyk, [2003] A.J. No. 288 ABQB 2003/02/28 Alberta Judgments
Bank of Montreal v. Lysyk, [2003] A.J. No. 531 ABQB 2003/04/17 Alberta Judgments
Bank of Montreal v. Lysyk, [2003] A.J. No. 1724 ABQB 2003/07/03 Alberta Judgments
Ramias v. Johnson, [2009] A.J. No. 709 ABQB 2009/06/24 Alberta Judgments
Lyons v. Creason, [2009] A.J. No. 723 ABQB 2009/06/26 Alberta Judgments
Monette v. Nieuwenburg, [2003] A.J. No. 643 ABQB 2003/05/06 Alberta Judgments Monette v. Nieuwenburg, [2003] A.J. No. 643 ABQB 2003/05/06 Alberta Judgments
Petro-Canada Products Ltd. v. Dresser-Rand Canada Inc., [2003] A.J. No. 1579 ABQB 2003/06/30 Alberta Judgments
Petro-Canada Products Inc. v. Dresser-Rand Canada Inc., [2004] A.J. No. 488 ABCA 2004/04/30 Alberta Judgments
Petro-Canada Products Inc. v. Dresser-Rand Canada, Inc., [2004] A.J. No. 1019 ABCA 2004/09/22 Alberta Judgments
Alliance Pipeline Ltd. v. Smith, [2003] A.J. No. 1299 ABQB 2003/10/21 Alberta Judgments
Alliance Pipeline Ltd. v. Smith, [2009] F.C.J. No. 407 CAFCA 2009/04/08 Federal Court Judgments
Smith v. Alliance Pipeline Ltd., [2009] S.C.C.A. No. 239 CASCC 2009/10/13 Supreme Court of Canada Rulings on Applications for Leave to Appeal and Other Motions
Yaworski v. Alliance Pipeline Ltd., [2001] A.J. No. 1772 ABQB 2001/02/06 Alberta Judgments
Alliance Pipeline Ltd. v. Seibert, [2003] A.J. No. 1436 ABQB 2003/10/29 Alberta Judgments
Canada (Attorney General) v. Livingstone, [2003] A.J. No. 1638 ABQB 2003/12/18 Alberta Judgments
Canada (Attorney General) v. Livingstone, [2004] A.J. No. 790 ABCA 2004/06/18 Alberta Judgments
Engle Estate v. Aviva Insurance Company of Canada , 2010 ABCA 18
Engle Estate v. Aviva Insurance Co. of Canada
, [2008] A.J. No. 1193 ABQB 2008/10/21 Alberta Judgments
Engle Estate v. Aviva Insurance Company of Canada, [2008] I.L.R. I-4751 ABQB 2008/10/21 Canadian Insurance Law Reporter
The Canadian Indemnity Company v. The Royal Insurance Company of Canada, [1998] I.L.R. I-3506 ABQB 1997/09/18 Canadian Insurance Law Reporter
Baillie v. Crown Life Insurance Company, [1998] I.L.R. I 3552 ABQB 1998/03/02 Canadian Insurance Law Reporter
Tichit v. Jones, [2002] B.C.J. No. 3248 BCSC 2002/06/12 British Columbia and Yukon Judgments
Roque v. Bane, [2002] A.J. No. 1714 ABQB 2002/01/10 Alberta Judgments Roque v. Bane, [2003] A.J. No. 1550 ABQB 2003/12/15 Alberta Judgments
Sieben v. Rewcastle Estate, [2002] A.J. No. 491 ABCA 2002/03/15 Alberta Judgments
Rewcastle Estate v. Sieben, [2003] A.J. No. 670 ABCA 2003/05/26 Alberta Judgments
Rewcastle Estate v. Sieben, [2003] A.J. No. 670 ABCA 2003/05/26 Alberta Judgments
Aetna Insurance Co. of Canada v. Mason and Co., [1998] A.J. No. 1374 ABQB 1998/12/18 Alberta Judgments
Inter-Rail Auto Handling Inc. (c.o.b. Inter-Rail Canada) v. Canadian Pacific Ltd., [2000] B.C.J. No. 1297 BCSC 2000/06/28 British Columbia and Yukon Judgments
Ainsworth Lumber Co. v. KMW Energy Inc., [2001] B.C.J. No. 1444 BCSC 2001/07/10 British Columbia and Yukon Judgments
Anderson v. Amoco Canada Oil and Gas, [1998] A.J. No. 805 ABQB 1998/07/15 Alberta Judgments
Devon Canada Corp. v. Canadian Pacific Railway Co., [2009] A.J. No. 275 ABQB 2009/03/06 Alberta Judgments
Imperial Oil Resources Ventures Ltd. v. Canada (Minister of Fisheries and Oceans), [2008] F.C.J. No. 541 CAFC 2008/03/27 Federal Court Judgments
Imperial Oil Resources Ventures Ltd. v. Canada (Minister of Fisheries and Oceans), [2008] F.C.J. No. 749 CAFC 2008/05/14 Federal Court Judgments
The Canadian Indemnity Company v. The Royal Insurance Company of Canada, 1997 CanLII 14884 (AB Q.B.)
Standen's Ltd. v. Commercial Union Assurance Co. of Canada, 1997 CanLII 14822 (AB Q.B.)
Robyn Walker v. Herbert Mellor and Michael Ellefson (September 1999)
Bonnie Beaulieu v. Ana Neufeld, Marta Gray et al. (September 15, 1999)
Sinclair v. Stehr, 2002 ABQB 374
Vancouver (City) v. Lam, [1994] B.C.J. No. 1582
Triple D & G. L. Ranches Ltd. v. Duncan, [2011] A.J. No. 720
Cogent Group Inc. v. EnCana Leasehold Limited Partnership, [2011] A.J. No. 585;
Cogent Group Inc. v. EnCana Leasehold Limited Partnership, [2014] A.J. No. 616;
Cogent Group Inc. v. EnCana Leasehold Limited Partnership, [2014] A.J. No. 1077
Suncor Energy Oil Sands Limited Partnership v. Propak Systems Ltd., [2012] A.J. No. 1367
Royal & Sun Alliance Insurance Co. of Canada v. Araujo, [2013] B.C.J. No. 1529

Recent Recognition

Lexpert 500 Leading Cross-Border Lawyers
Ranked in Corporate Commercial Litigation
Lexpert Special Edition Litigation
Recognized as one of Canada's leading lawyers in litigation
Who's Who Legal: Canada
Recommended, Asset Recovery
Who's Who Legal: Business Crime Defence
Recommended, Business Crime Defence - Corporates
Chambers Canada
Ranked, Litigation: General Commercial – Alberta
Ranked, White-Collar Crime & Government Investigations
Who's Who Legal: Thought Leaders
Ranked, Crime & Business Defense
Best Lawyers in Canada
Recognized for Corporate and Commercial Litigation
The Legal 500: Canada
Hall of Fame Lawyer, Dispute Resolution: Alberta
Canadian Legal Lexpert Directory
Most Frequently Recommended, Litigation - Corporate Commercial
Global Investigations Review 100
Recognized as a prominent investigation practitioner - GIR 100
Benchmark Litigation: Canada
Recognized as a Litigation Star
Recognized as one of the Top 50 Trial Lawyers
Lexpert Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada
Recognized as one of Canada's leading cross-border litigators
Lexpert Special Edition
Recognized as a leading energy lawyer in Canada
Recognized as a leading litigation lawyer in Canada
Who's Who Legal: The International Who's Who of Business Lawyers
Recognized as a leading lawyer in the area of Asset Recovery

Insights, News & Events

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Bennett Jones Lawyers Named Among Canada’s Top Litigators By Benchmark Canada

May 01, 2025
       

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156 Bennett Jones Lawyers Featured in 2025 Canadian Legal Lexpert Directory

March 11, 2025
       

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Twenty-One Bennett Jones Lawyers Recognized in 2025 Lexpert Leading 500 Cross Border Lawyers

January 14, 2025
       

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