Evan Nuttall

IP litigator and strategist with a proven track record of success

An experienced and accomplished litigator, Evan is sought after for complex intellectual property matters by some of the leading players in the energy, oil and manufacturing sectors and has held the role of lead counsel in high-profile patent disputes. 

Sophisticated legal understanding meets practical business acumen

Evan’s practice is focused exclusively on complex litigation matters including infringement actions relating to patents, licensing, trademarks, copyright and industrial designs. Known as extremely diligent and capable, Evan uses his practical knowledge of business objectives to provide solid strategic advice and act as a forceful advocate on behalf of his clients. In Canada, he has appeared before the Court of Queen’s Bench of Alberta, the Federal Court and Federal Court of Appeal.

Prior to joining Smart & Biggar, Evan’s case work includes:

• Questor Technology Inc v Stagg, 2020 ABQB 3
• Packers Plus Energy Services Inc v Essential Energy Services Ltd et al, 2020 FC 68, 2019 FCA 6 and 2017 FC 1111
• Northern Air Charter (P.R.) Inc v Alberta Health Services, 2019 ABQB 333
• IntelliView Technologies Inc v Badawy, 2019 ABCA 66 and 2018 ABQB 961
• Badawy v 1038482 Alberta Ltd, 2019 FCA 150 and 2018 FC 807

All the parties Evan represented in the above decisions were successful. In one post-trial costs application, the parties were awarded 40% of their solicitor client costs and all their disbursement costs.

Recognized for finely honed advocacy skills

Evan has been honoured regularly by top publications including Lexpert, Best Lawyers and Benchmark Litigation. Colleagues have described him as “extremely diligent, capable and knowledgeable”, as “a strong advocate with superior analytical skill”, and as “passionately advancing his client's position while at the same time bringing a practical approach” (Lawyers.com).

Prior to his legal career in Canada, Evan practiced in England as a barrister and appeared before the Court of Appeal of England and Wales. Before joining Smart & Biggar, he litigated complex commercial and IP matters for a prestigious, full-service Canadian law firm.