Commercial
Dispute Resolution
Corporate Governance
Natural Resources Law
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Harold MacKay is a former
Managing Partner and Chairman of MLT. His principal practice
focus is on commercial dispute resolution, corporate governance
and natural resources law. Harold has acted as sole arbitrator
and mediator, and as a member and Chair of Panels adjudicating
significant commercial disputes, including contract matters involving
liability and damages issues, the determination of commodity
pricing and royalties under long term agreements, and the resolution
of accounting and other financial disputes. Harold has chaired
boards and board committees on governance, related party transactions
and risk management as a director of public companies and Crown
corporations in the forestry, banking, insurance and mining sectors.
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| Academic
& Professional Qualifications |
- Admitted to the Saskatchewan Bar
- LL.B. (Dalhousie,
1963)
- B.A. (Great Distinction, Political
Studies, Economics and History, Saskatchewan, 1960)
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| Representative
Work - Commercial Dispute Resolution |
- Chair of a three-person tribunal in a gas pricing dispute
between a consortium of Canadian producers and several United
States electrical utilities, including issues of contract interpretation
and establishing a new pricing formula.
- Chair of a three-person panel in last offer commercial arbitrations
between two large multi-national energy companies involving
liability and damages issues arising out of energy trading
joint venture agreements in Canada and the United States.
- Chair of a three-person panel to determine the manner in
which a mineral royalty should be calculated where escalation
indices in the agreement had been discontinued.
- Member of a three-person panel in a dispute involving the
right of a supplier of primary materials to terminate
a long-term supply contract with a manufacturer, requiring
determinations
of complex accounting issues with substantial expert
evidence.
- Chair of a three-person panel in a dispute involving
payment and financial issues under an offshore oil
and gas joint
venture operating agreement.
- Sole arbitrator in a dispute involving a claim of force
majeure under a long term contract for the delivery
of coal.
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| Representative
Work - Corporate Governance |
- Domtar Corporation (NYSE) – Chairman; Nominating
and Governance Committee – Chair
- The Mosaic Company (NYSE) – Director; Corporate Governance
and Nominating Committee – Chair
- The Toronto-Dominion Bank (NYSE, TSE) – Director; Risk
Committee – Chair
- Canada Life Financial Corporation (TSX) – Director
(2000-2002)
Bank of Canada – Lead Director (1999-2002); Director
(1995-1997)
- IPSCO Inc. (TSX, NASDAQ, NYSE) – Vice President (1976-1977);
Director (1993-1999)
- Federal Business Development Bank – Chair (1981–1985);
Director (1975-1985)
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| Awards
& Distinctions |
- Saskatchewan Order of Merit (2009)
- Canadian Bar Association Distinguished Service Award (Saskatchewan
Branch, 2006)
- Saskatchewan Centennial Medal (2005)
- "Repeatedly Recommended" for International Commercial
Arbitration and Corporate Commercial Law – Canadian Lexpert
Legal Directory (since 2003)
- Lexis-Nexis / Martindale-Hubbell – "AV" Peer
Review Rated
Appointed an Officer of the Order of Canada (2002)
- Doctor of Laws (honoris causa) (Regina, 2002)
- University of Saskatchewan Alumni Award of Achievement (2000)
- Appointed Queen’s Counsel (1980)
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| Professional & Community
Service |
- First Nations University of Canada Campus, Corporate Fundraising
Campaign – Chair
- Saskatchewan Institute of Public Policy – Chair (2001-2005)
Department of Finance (Canada) – Clifford Clark Visiting
Economist (2002-2004)
- Task Force on the Future of the Canadian Financial Services
Sector – Chair (1997-1998)
- Saskatchewan Post Secondary Education – Special Representative
of the Minister (1996)
- Council for Canadian Unity – Past Governor
- Provincial Action Committee on the Saskatchewan Economy – Founding
Co-Chair
- Ranch Ehrlo Society – Former President
- Donner Canadian Foundation – Former Governor
- Canadian Tax Foundation – Former Governor
- Canadian Bar Association, Saskatchewan Branch – Former
President
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