WWW.LEXPERT.CA
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2017
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LEXPERT 13
Davis, Thomas R.M. (Tam) Norton Rose
Fulbright Canada LLP (514) 847-4857
thomas.davis@nortonrosefulbright.com
Mr. Davis's practice focuses on business law, primarily corporate finance,
mergers and acquisitions, energy law (electricity), real estate development
and corporate commercial law. He has many years' experience in domestic,
cross-border and international transactions representing clients in Canada,
the USA and Europe.
Davies, QC, Donald G. Norton Rose Fulbright Canada LLP
(403) 267-8183 don.davies@nortonrosefulbright.com
Mr. Davies practises energy law, with a focus on the regulatory and litigation
fields. He has acted for both proponents and intervenors in many applications
for the approval of pipeline facilities and for the determination of pipeline
tolls and tariffs. His cases typically involve complex environmental, Aboriginal,
constitutional, jurisdictional, economic and financial issues.
David, Mylany Langlois Lawyers, LLP
(514) 282-7827 mylany.david@langlois.ca
Ms. David practises commercial and real estate law, specializing in industrial
transactions. She assists companies in matters related to PPP or large
procurement, advising them on the myriad issues inherent in developing and
completing projects: acquiring the necessary land, obtaining permits, securing
financing, negotiating purchase and sale agreements and appearing before
administrative tribunals.
David, Guy Gowling WLG
(613) 786-0247 guy.david@gowlingwlg.com
Mr. David practises in domestic and international project finance, PPPs and
renewal energy financing, debt capital markets, aircraft and airport financing,
and financial regulatory law. He is co-author of David and Legault-Dooley,
The Annotated Bank Act.
Dahme, Harry J. Gowling WLG
(416) 862-4300 harry.dahme@gowlingwlg.com
Mr. Dahme has expertise in the full range of environmental law services, with
particular expertise in renewable energy approvals, environmental assessment
and environmental approvals, water and wastewater, brownfield remediation
and waste management.
Cullen, Peter J. Stikeman Elliott LLP
(514) 397-3135 pcullen@stikeman.com
Mr. Cullen is a partner in the Litigation & Dispute Resolution, Insurance
& Reinsurance, Energy and Arbitration Groups. He has expertise in energy
insurance (BI, construction, DSU, exploration, LOPI, package covers) and related
marine, regulatory, general coverage and litigation/ADR matters. He is a member
of the bars of Quebec and Ontario and a Fellow of the Chartered Institute
of Arbitrators.
LEXPERT-RANKED LAWYERS
companies that have high LMRs based on large asset
bases, as those companies can undertake the asset ac-
quisitions without the threat of having to post an in-
cremental deposit with the AER. "From the perspec-
tive of the AER and, perhaps, the protection of the
public purse in bailing out orphan wells, the advantag-
ing of larger companies has some attractiveness," he
says. "However, it limits the investment of new capital
in smaller corporations, which has been important
historically to the success of the energy industry."
Directors and Officers Accountable
According to Pike, environmental leg-
islation such as Alberta's Oil and Gas
Conservation Act allows for liability to
be imposed on directors and officers.
Consequently, directors and officers
may find themselves facing significant
liability for well closure and clean-up
costs aer an insolvency.
For example, says Pike, former di-
rectors and officers have been pursued
for years in the case of AbitibiBowater,
long aer the insolvency proceedings
had ended. "Where the Ontario regu-
lator was facing the challenge of getting
an insolvent company to address envi-
ronmental issues, it ordered directors
and officers to conduct remediation.
A lengthy appeal process has followed.
Directors and officers will want to en-
sure they are not the last ones standing
when it comes to environmental liabili-
ties in an insolvency."
On a practical and ongoing basis,
given that the AER is becoming in-
creasingly proactive in instances of
non-compliance, says Buckingham,
licensees should maintain a positive working relation-
ship with the regulator. As well, she suggests boards
should ensure that management's standing opera-
tional report to the board includes a status report on
the company's receipt of and compliance or non-com-
pliance with any regulatory orders or directives; the
number of shut-in/abandoned wells and their status,
the company's LLR/LMR (licensee liability rating
and liability management rating); the LLR/LMR of
other operators who are its working interest partici-
pants; and how management's efforts to address its as-
set retirement obligations is consistent or inconsistent
with industry standards.
"Polluter Pays" Principle
For companies already doing business in Alberta or
looking to invest in the energy sector in the province,
the crux of the matter is what happens if the Redwater
decision is upheld, says George Antonopoulos, an en-
ergy partner with Dentons Canada LLP in Calgary.
In this scenario, he suggests, there will likely have
