Caroline J. Smith

Caroline practices in the areas of commercial litigation and insurance defence. She handles disputes involving, among other things, contracts, construction, real estate, debts, shareholders, property damage, and professional liability. Caroline has experience with class actions, plans of arrangement, and insolvency matters.

Before joining McKercher LLP in 2017, Caroline spent five years working in the Calgary office of a large national law firm. Caroline joined the McKercher LLP partnership in 2020.

Recent matters in which Caroline has been involved include:

• Representing owners and contractors in builders’ lien claims and construction disputes ranging in value from thousands to millions of dollars
• Representing owners, contractors, and engineers in complex, multimillion-dollar property damage and professional liability claims
• Successfully applying to dismiss a prospective class action for want of prosecution
• Successfully applying to strike a claim against a municipality in relation to a property tax assessment
• Representing a favourable decision for a commercial landlord in a rental arbitration
• Obtaining an interlocutory injunction to enforce an easement over a retail development
• Successfully opposing a landowner’s application to enjoin the construction of a pipeline
• Successfully applying to remove a caveat and certificate of lis pendens filed against residential development land worth approximately C$7 million
• Successfully applying to enforce commercial arbitral awards
• Successfully setting aside default judgments

Recent reported decisions in which Caroline has been involved include:

• Huard v The Winning Combination Inc., 2022 SKCA 130 (https://canlii.ca/t/jsx62)
• Smith (Re), 2022 SKQB 109 (https://canlii.ca/t/jnzcl)
• Stephens v MLT Aikins LLP, 2021 SKQB 323 (https://canlii.ca/t/jlnl8)
• Huard v Winning Combination Inc., 2021 SKQB 65 (https://canlii.ca/t/jf00b)
• Stephens v MLT Aikins LLP, 2020 SKQB 266 (http://canlii.ca/t/jb7v8)
• Rosetown (Town) v Bridge Road Construction Ltd., 2020 SKQB 3 (http://canlii.ca/t/j4sb7)
• Androsoff v Waycon Investments Inc., 2019 SKCA 131 (http://canlii.ca/t/j3rdz)
• Hess v Thomas Estate, 2019 SKCA 26 (http://canlii.ca/t/hz97d)
• 330626 Alberta Ltd v Ho & Laviolette Engineering Ltd, 2018 ABQB 478 (http://canlii.ca/t/hslfm)
• Piett v Global Learning Group Inc., 2018 SKQB 144 (http://canlii.ca/t/hs21b)
• Rock Developments (Prince Albert) Inc. v Carlton Spur Development Corporation, 2017 SKQB 247 (http://canlii.ca/t/h5sjn)

Caroline’s recent publications and speaking engagements include:

• “Technology on Trial”, presentation for Canadian Bar Association Saskatchewan Midwinter Meeting, January 25, 2022
• “Insurance claims, court procedures & trials: What to expect in 2022”, Risk Management Counsel of Canada, January 13, 2022
• “COVID-19’s Long-Term Effects on Legal Services for Saskatchewan Businesses”, Industry West magazine, Fall 2021 (https://industrywestmagazine.com/risk/covid-19s-long-term-effects-on-legal-services-for-saskatchewan-businesses/)
• “Navigating Delay Claims”, presentation for Saskatoon Construction Association, March 10, 2021
• “Discussing the New Prompt Payment Legislation”, Law Society of Saskatchewan Continuing Professional Development video (https://ondemand.lawsociety.sk.ca/cpd-267-industry-series/videos/e3-discussing-the-new-prompt-payment-legislation-cpd-267-3)
• “Saskatchewan’s New Prompt Payment Regime for Construction Projects”, Industry West magazine, Fall 2020 (https://77c00757.flowpaper.com/IndustryWestFall2020/#page=47)
• “What to Expect You’re Expecting (Litigation)”, presentation for Saskatoon Construction Association, April 30, 2019
• “Supreme Court of Canada Rules Waiver of Tort is not a Cause of Action”, Risk Management Counsel of Canada blog, September 25, 2020 (https://www.rmc-agr.com/publication/supreme-court-of-canada-rules-waiver-of-tort-is-not-a-cause-of-action/)
• “Saskatchewan Court of Appeal Releases Important Decision on Contribution Between Parties who Helped Cause a Plaintiff’s Loss”, Risk Management Counsel of Canada blog, May 27, 2019 (https://www.rmc-agr.com/publication/saskatchewan-court-of-appeal-releases-important-decision-on-contribution-between-parties-who-helped-cause-a-plaintiffs-loss/)
• “Pay-When-Paid Clauses: How do They Hold Up?” Construction Law Letter, January 16, 2017

To book a telephone call with Caroline to discuss a matter on which you would like her assistance, use this link: https://calendly.com/carolinesmithmckercher/10-minute-call