Toby advises private and public sector clients on litigation and regulatory matters. He provides advice on energy, mining, land, environmental, public utility and Indigenous law issues. Based in Yellowknife, Toby advises clients throughout western Canada and the North. Toby also provides strategic advice to government and private sector proponents on projects, including environmental assessment, consultation with Indigenous peoples, and regulatory planning matters.
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 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, a resource that provides updates on developments in law and policy relating to the development of major projects in Canada.
- Supreme Court of the Northwest Territories Rules Committee
- Northwest Territories and Nunavut Chamber of Mines, Board 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
- Highest standing in third year law school, plus prizes in Environmental Law, Community Planning and Legal Writing
- Top 10 oralist at Canadian Round of Jessup International Moot Competition (2009)
- Associate Editor, UNB Law Journal
- 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 [commonly known as the “Redwater” decision]).
- 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 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 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)
Represented the Canadian Association of Petroleum Producers in the Supreme Court of Canada in Reference re Environmental Management Act, 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 (2020 SCC 1)
News & Publications
News & Publications
- 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
- NEB Declines Jurisdiction Over Coastal GasLink Pipeline But Leaves Open Question of Jurisdiction Over the LNG Facility, Project Law 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, Project Law Blog, February 4, 2019
- Supreme Court of Canada Confirms There is No Duty to Consult Indigenous Groups in the Development of Legislation, Project Law Blog, October 11, 2018
- The Federal Government’s Proposed Overhaul of the National Energy Board, Project Law Blog, February 15, 2018
- Implementation of Modern Treaties: First Nation of Nacho Nyak Dun v. Yukon, Project Law Blog, December 8, 2017
- “Supreme Court of Canada to hear appeal on Yukon Peel watershed decision”, Project Law Blog, June 13, 2016
- Government of Canada Proposes Methodology for Estimating Upstream GHG Emissions in Major Project Review, Project Law Blog, March 23, 2016
- Federal Government Releases Guiding Principles for Project Review, Project Law Blog, January 28, 2016
- Losing the Battle but Winning the War?, Project Law Blog, November 6, 2015
- Court suspends implementation of Mackenzie Valley “Superboard”, Project Law Blog, March 3, 2015
- Court strikes down Yukon’s Peel watershed land use plan, Project Law Blog, December 4, 2014
- Water Use in BC: Recurrent short-term water use approvals are lawful, Project Law Blog, October 15, 2014
- Province Releases Kitimat Airshed Study, Project Law Blog, July 22, 2014
- Supreme Court of Canada Affirms Expansive Interpretation of Environmental Legislation, Project Law Blog, October 30, 2013
- B.C. Mining Project Denied, Project Law Blog, October 5, 2012
- Introduction to the Canadian Environmental Assessment Act, 2012, Project Law Blog, August 3, 2012
- New Canadian Environmental Assessment Act in Force / Important Amendments to National Energy Board Act in Force, Project Law Blog, July 10, 2012
- BC Court of Appeal Further Blurs the Line Between Regulatory Investigations and Inspections, Project Law Blog, May 28, 2012
- Environmental Assessment – Improving the Process, Project Law Blog, March 23, 2012
- Kathryn Emeneau
- Legal Assistant
- T: 867.669.5520
- 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)