Overview
Stephen Mulrain is a versatile litigator with experience in all areas of civil litigation. He has experience at all levels of court in Alberta as well as before various administrative tribunals and arbitrators. Stephen also has experience in the British Columbia Supreme Court and in the Federal Court. Stephen has successfully appeared as lead counsel on motions, at trial and on appeal.
Stephen employs a results oriented approach to legal problems in order to obtain the best possible outcome for his client. He zealously advocates for his clients in disputed matters and seeks creative solutions to client problems through the legal process.
Stephen believes that pragmatic and economically sound advice is the key to resolving disputes and litigation successfully. He has had considerable success resolving matters through various forms of alternative dispute resolution, including judicial and private mediation and arbitration and direct negotiation.
Stephen has particular expertise in the following areas:
- Estate and Trust Litigation: including litigation and dispute resolution of matters such as capacity, undue influence, accounting for trustees and executors, fraudulent conveyances, trust validity and matrimonial claims against trust property. Stephen advises clients both before and after the death of a relative in order to ensure the orderly and efficient resolution of estate issues before they go to court.
- Shareholder Disputes: including advice and litigation related to statutory relief for shareholders, disputes arising from unanimous shareholder agreements, matters related to the issuance of securities by private and public companies and related corporate disputes.
- Civil Litigation: prosecuting and defending claims arising from breach of contract, negligence, fraud, construction claims, defamation and other civil disputes.
Stephen articled with and was employed by an international firm in Calgary prior to joining Miller Thomson LLP. Stephen was previously a member of the Canadian Armed Forces and was deployed to Afghanistan in 2008.
Stephen is an active member of the Calgary Flying Club. He also volunteers with the Royal Canadian Air Cadets as a pilot and ground school instructor.
Notable matters
- Appealed and reversed a trial court ruling granting authority to a disgruntled beneficiary to pursue a claim contrary to the decision of the executor of the estate – McLelland v McLelland, 2020 ABCA 12 (CanLII)
- Successfully obtained an injunction to prevent changes to a unanimous shareholder agreement following a dispute over a shotgun offer.
- Successfully resolved a shareholder dispute in a closely held company through shotgun offers under a unanimous shareholder agreement, multiple court actions and interest based negotiation.
- Successfully resolved a family trust dispute with issues including fraud by an employee, intellectual property disputes and tax concerns.
- Successfully defended a major oil and gas service company at trial in a claim arising from injuries sustained on their property.
- Successfully defended a company and its principal at trial in a claim of conversion, breach of bailment and negligence by a former employee.
- Successfully represented several family members in an application for an accounting against their father’s attorney and in negotiating the disposition of a family vacation property that had been improperly transferred to that attorney.
- Successfully defended a company and its principal in a claim for breach of contract, conversion of intellectual property and oppression by a former director, officer and shareholder.
- Successfully defended an individual against a claim of defamation related to her role as a respite foster care provider.
Professional memberships
- Canadian Bar Association, Wills, Estates and Trusts Section
- Alberta Civil Trial Lawyers Association
- Calgary Bar Association
Bar admissions & education
- Alberta Bar, 2013
- J.D., University of British Columbia, 2012
- B.A., University of Calgary, 2006
