Harold H.
MacKAY, O.C., S.O.M., Q.C.
Counsel (Regina)

Commercial Dispute Resolution
Corporate Governance
Natural Resources Law

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.

• Admitted to the Saskatchewan Bar
• LL.B. (Dalhousie, 1963)
• B.A. (Great Distinction, Political Studies, Economics and History, Saskatchewan, 1960)

• 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.

• 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)

• 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)
  

• 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