Toby represents a range of public and private companies across the Northern territories in a range of regulatory matters and litigation. He frequently acts on behalf of stakeholders in mining operations, and provides further counsel on environmental issues and Aboriginal law.
- Chambers Canada, 2021 Guide
Toby advises private and public sector clients on litigation and regulatory matters. He provides advice on environmental, energy, mining, land, construction, public utility and Indigenous law issues. Based in Yellowknife, Toby advises clients throughout western Canada and the North, including all three Territories. Toby also provides strategic advice to government and private sector proponents on public law and project matters, including environmental assessment, consultation with Indigenous peoples, and regulatory permitting. Toby also has an interest in defamation law, in that it poses a limitation on freedom of speech.
Toby also appears before courts, tribunals and arbitration panels to assist his clients in government and the electricity, mining and oil & gas industries in administrative hearings, judicial review, trial, appellate and arbitration proceedings. He has appeared as counsel before various administrative tribunals, superior courts, appellate courts, and three times before the Supreme Court of Canada.
Prior to joining Lawson Lundell LLP, Toby clerked at the British Columbia Supreme Court. Toby practiced in the Vancouver office of Lawson Lundell before moving to Yellowknife in 2014.
Toby is also a regular contributor to the Project Law Blog and the North of 60 Blog, resources that provide updates on developments in law and policy relating to the development of major projects in Canada and legal developments in the North. Toby was also appointed by the Law Society of NWT to sit on the NWT Supreme Court Rules modernization steering committee.
Toby was named a Lexpert Rising Star in 2021 for leading lawyers under 40 in Canada, and is recognised by Chambers Canada for General Business Law in Northern Canada and Arctic, and by the Canadian Legal Lexpert Directory as a leading practitioner for Litigation - Regulatory & Public Law.
He likes to spend as much of his spare time as possible with his two young kids at his cabin outside Yellowknife.
- Supreme Court of the Northwest Territories Rules Committee, Member
- Canadian Bar Association of Northwest Territories, member of Environmental, Energy and Resources law and Aboriginal law subsections
- Appointed as NWT Representative to roster of dispute resolution panelists under the Canada Free Trade Agreement.
- Law Society of Northwest Territories Admissions Committee
- Project Law Blog, Contributor
- Skiing, Canoeing & Cycling
Recognitions & Rankings
Recognitions & Rankings
- Canadian Legal Lexpert Directory 2022: recommended as a leading practitioner for Litigation - Regulatory & Public Law
- Lexpert Rising Star Award 2021: recognized as one of Canada's Leading Lawyers under 40
- Chambers Canada 2022: recognized for General Business Law - Northern Canada and Arctic (Band 3)
- Benchmark Litigation Canada Awards 2020: Impact Case Award for TransAlta Generation Partnership v Balancing Pool
- Represented the Mayor of the Town of Norman Wells and others in successfully dismissing a multimillion dollar defamation claim brought against them by a former Town manager (Mallon v Norman Wells (Town) et al, 2021 NWTSC 37).
- Represented the Canadian Association of Petroleum Producers in the Supreme Court of Canada, where the Province of British Columbia sought an opinion on the constitutionality of a scheme that require provincial permits for the possession of additional volumes of “heavy oil” in the Province (Reference re Environmental Management Act, 2020 SCC 1).
- Successfully representing a major utility in a $60M arbitration claim against a statutory body regarding payments for retiring coal-fired electricity generating units in Alberta (Confidential client).
- Represented the Canadian Association of Petroleum Producers in the Supreme Court of Canada in Redwater, a major case dealing with the intersection of bankruptcy and environmental law in the oil and gas context (Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5).
- Defended a major commercial landlord in a lease dispute that threatened to derail a significant transaction that was scheduled to close shortly. Successfully dismissed the claim after trial within only 5 weeks of being served (Waters et. al. v. NPR, 2017 NUCJ 12, affirmed 2018 NUCA 1).
- Successfully defended the Canada Energy Regulator (formerly National Energy Board) at the Alberta Court of Appeal in a case brought by Geophysical Services Incorporated alleging the NEB's disclosure to the public of seismic data collected in Canada's north and offshore was a violation of the Copyright Act. The Court unanimously agreed with the NEB's position. (Geophysical Service Incorporated v EnCana Corporation, 2017 ABCA 125, leave to appeal to Supreme Court of Canada denied).
- Successfully represented owner of a mine in defending a high profile appeal to the Development Appeal Board regarding closure and reclamation work to be done at a former mine site (Unreported, 2016, Yellowknife Development Appeal Board)
- Represented BC Hydro in the successful defence of a proposed class action concerning the alleged impacts of exposure to emissions generated from smart meters on BC Hydro’s 1.9 million residential and commercial customers (Davis v. British Columbia Hydro and Power Authority, 2016 BCSC 1287)
- Successfully brought an injunction on behalf of an employer to restrain a former employee from breaching non-solicit and non-competition obligations in an employment agreement, KBL Environmental Ltd. v. Ehizojie (Unreported, 2016, Alberta Court of Queen’s Bench)
- Co-counsel to Chevron Canada Limited (a refinery operator) and Chevron Canada Resources (a producer and pipeline shipper) in a pipeline transaction tariff hearing before the Canada Energy Regulator (formerly National Energy Board) regarding allocation of pipeline capacity on the TransMountain Pipeline. Application for approval of Tariff Amendments regarding Verification Procedures, RWH-001-2013.
- Successfully defended an application brought by a former spouse against a pension administrator for an interest in the former spouse’s pension plan (Fricker v. British Columbia Pension Corporation, 2014 BCSC 1729)
- Represented 2274659 Ontario Inc. in an application for party status by a First Nation in a surface rights dispute (2274659 Ontario Inc v Canada Chrome Corporation, Ontario Mining and Lands Commissioner, 2012)
- Represented the BC Civil Liberties Association before the Supreme Court of Canada in opposing a publication ban over allegedly defamatory speech (AB v Bragg Communications Inc., 2012 SCC 46)
- Successfully upheld a freezing order issued by the Securities Commission against persons being investigated for a Ponzi scheme,(Zhu v British Columbia (Securities Commission), 2013 BCCA 248)
News & Publications
News & Publications
- 40 Lawson Lundell Lawyers Ranked Across 25 Practice Areas in 2022 Canadian Legal Lexpert Directory, Canadian Legal Lexpert Directory, February 25, 2022
- Toby Kruger Named a 2021 Lexpert Rising Star, Lexpert Magazine, November 25, 2021
- 36 Lawson Lundell Lawyers Recognized Across 15 Practice Areas in Chambers Canada 2022, Chambers Canada, September 9, 2021
- North of 60 Blog Post Published by NNSL Media, NNSL Media, July 3, 2020
- Toby Kruger Quoted in Canadian Lawyer on Constitutional Challenge in the Yukon, Canadian Lawyer, July 2, 2020
- Lawson Lundell Wins 4 Benchmark Litigation Canada Awards, Benchmark Litigation, May 28, 2020
- Toby Kruger, Keith Bergner and John Olynyk's article featured in the Canadian Mining Journal, The Canadian Mining Journal, January 18, 2018, Co-Authors
- “Supreme Court of Canada to hear appeal on Yukon Peel watershed decision”, June 13, 2016, Co-author
- Federal Government Releases Guiding Principles for Project Review, January 27, 2016, Author
- Losing the Battle but Winning the War?, November 6, 2015, Co-author
- Court suspends implementation of Mackenzie Valley “Superboard”, March 2, 2015, Author
- Water Use in British Columbia, February 2015, Author
- Federal Government Approves Meliadine Gold Mine, February 3, 2015
- "The Peel watershed decision's broader implications,", The Northern Miner, January 22, 2015, Co-author
- Court strikes down Yukon’s Peel watershed land use plan, December 4, 2014, Co-author
- After Tsilhqot'in - Aboriginal Issues for Project Proponents North of 60, The Northern Miner, November 4, 2014
- Water Use in BC: Recurrent short-term water use approvals are lawful, October 15, 2014, Author
- Province Releases Kitimat Airshed Study, July 22, 2014, Author
- Supreme Court of Canada Affirms Expansive Interpretation of Environmental Legislation, October 30, 2013, Author
- B.C. Mining Project Denied, October 5, 2012, Author
- Introduction to the Canadian Environmental Assessment Act, 2012, August 3, 2012, Co-author
- "Facebook Defamation Case Heard by the Supreme Court of Canada", May 23, 2012, Author
- Project Law Bulletin: Environmental Assessment – Improving the Process, March 23, 2012, Author
- "Environmental Law: Managing Risk - 'I Done What He Told Me To' - What to Do (and Not to Do) When the Regulator Calls", November 21, 2011, Co-Author
- “Trail Smelter II: A prudent approach? From extraterritoriality to non-discrimination”, 43 University of British Columbia Law Review 109, 2010, Author
- “The Canadian Environmental Assessment Act and Global Climate Change: Rethinking Significance”, 47 Alberta Law Review 161, 2009
- Northern Court of Appeal Civil Summaries: January - June 2021, North of 60 Blog, August 26, 2021
- A Straightforward Case About Bear Protection Provides a Clear Illustration of the Basics of Judicial Review, North of 60 Blog, August 19, 2021
- COVID-19 in the Courts: A Challenge to Emergency Measures North of 60, North of 60 Blog, June 19, 2020
- Nunavut Court Shoots Down Appeal of Caribou Hunter Acquittal, North of 60 Blog, June 10, 2020
- Regulatory and Legal Service Updates in the Territories, North of 60 Blog, May 6, 2020
- NEB Declines Jurisdiction Over Coastal GasLink Pipeline But Leaves Open Question of Jurisdiction Over the LNG Facility, Environmental, Indigenous and Natural Resources Blog, July 31, 2019
- The SCC in Redwater Confirms the Oil and Gas Industry Status Quo: Bankruptcy is Not a Licence to Disregard Environmental Rules, Environmental, Indigenous and Natural Resources Blog, February 4, 2019
- Supreme Court of Canada Confirms There is No Duty to Consult Indigenous Groups in the Development of Legislation, Environmental, Indigenous and Natural Resources Blog, October 11, 2018
- The Federal Government’s Proposed Overhaul of the National Energy Board, Environmental, Indigenous and Natural Resources Blog, February 15, 2018
- Implementation of Modern Treaties: First Nation of Nacho Nyak Dun v. Yukon, Environmental, Indigenous and Natural Resources Blog, December 8, 2017
- “Supreme Court of Canada to hear appeal on Yukon Peel watershed decision”, Environmental, Indigenous and Natural Resources Blog, June 13, 2016
- Government of Canada Proposes Methodology for Estimating Upstream GHG Emissions in Major Project Review, Environmental, Indigenous and Natural Resources Blog, March 23, 2016
- Federal Government Releases Guiding Principles for Project Review, Environmental, Indigenous and Natural Resources Blog, January 28, 2016
- Losing the Battle but Winning the War?, Environmental, Indigenous and Natural Resources Blog, November 6, 2015
- Court suspends implementation of Mackenzie Valley “Superboard”, Environmental, Indigenous and Natural Resources Blog, March 3, 2015
- Court strikes down Yukon’s Peel watershed land use plan, Environmental, Indigenous and Natural Resources Blog, December 4, 2014
- Water Use in BC: Recurrent short-term water use approvals are lawful, Environmental, Indigenous and Natural Resources Blog, October 15, 2014
- Province Releases Kitimat Airshed Study, Environmental, Indigenous and Natural Resources Blog, July 22, 2014
- Supreme Court of Canada Confirms Provincial Power to Take Up Lands under Treaty - Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, Environmental, Indigenous and Natural Resources Blog, July 11, 2014
- Supreme Court of Canada Affirms Expansive Interpretation of Environmental Legislation, Environmental, Indigenous and Natural Resources Blog, October 30, 2013
- B.C. Mining Project Denied, Environmental, Indigenous and Natural Resources Blog, October 5, 2012
- Introduction to the Canadian Environmental Assessment Act, 2012, Environmental, Indigenous and Natural Resources Blog, August 3, 2012
- New Canadian Environmental Assessment Act in Force / Important Amendments to National Energy Board Act in Force, Environmental, Indigenous and Natural Resources Blog, July 10, 2012
- BC Court of Appeal Further Blurs the Line Between Regulatory Investigations and Inspections, Environmental, Indigenous and Natural Resources Blog, May 28, 2012
- Environmental Assessment – Improving the Process, Environmental, Indigenous and Natural Resources Blog, March 23, 2012
- Danyla Cosme
- Legal Assistant
- T: 867.669.5519
- Yukon (2019)
- Alberta (2015)
- Northwest Territories (2014)
- Nunavut (2014)
- British Columbia (2011; non-practicing as of 2019)
University of British Columbia (B.Sc. (Honours), 2004)
University of New Brunswick (LL.B., (with distinction) 2009)