Lexpert Special Editions

Special Edition on Energy 2017

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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WWW.LEXPERT.CA | 2017 | LEXPERT 17 Engbloom, QC, Robert J. Norton Rose Fulbright Canada LLP (403) 267-9405 robert.engbloom@nortonrosefulbright.com Mr. Engbloom advises clients on M&A, transactional, governance and general business matters. He has acted as lead counsel on a wide variety of significant transactions and has extensive experience in providing advice on mergers and acquisitions, reorganizations and related-party transactions as well as advising boards and special committees on both governance matters and substantive transactions. Egan, Wayne T. WeirFoulds LLP (416) 947-5086 wegan@weirfoulds.com Mr. Egan, Chair of WeirFoulds's securities practice group, provides legal advice to private and public companies on financing and regulatory matters, including IPOs, private placements, M&As, governance and stock exchange listings. Having served on boards of public and private energy and resource companies, he has insight into unique challenges faced by the firm's energy and resource clients. Dzulynsky, Myron B. Gowling WLG (416) 369-7370 myron.dzulynsky@gowlingwlg.com Mr. Dzulynsky has extensive experience acting on behalf of financial and strategic counterparties on energy transactions and primary and secondary infrastructure transactions in various sectors. Dunsky, Ilan Dentons Canada LLP (514) 878-5833 ilan.dunsky@dentons.com Mr. Dunsky's energy, infrastructure and project finance practice covers both conventional and renewable energy project development and financing. He has worked on energy projects throughout Canada, the US, Latin America, the Caribbean and Africa. Dunberry, Éric Norton Rose Fulbright Canada LLP (514) 847-4492 eric.dunberry@nortonrosefulbright.com Mr. Dunberry has vast experience in risk management and litigation, particularly in matters relating to energy, trade, regulation, manufacturer's and builder's liability and infrastructure projects. His services include representing clients before the civil courts and administrative tribunals in civil litigation, class actions and administrative disputes. Duffy, Patrick G. Stikeman Elliott LLP (416) 869-5257 pduffy@stikeman.com Mr. Duffy is a partner in the Energy Group with a project development practice that includes environmental permitting and litigation, energy regulation and Aboriginal engagement. He was co-counsel for the Ontario Energy Board before the Divisional Court, Court of Appeal and Supreme Court of Canada for the Board's decision to reduce nuclear compensation costs. LEXPERT-RANKED LAWYERS away with them, they are effectively saying Canada should not have an oil and gas sector, and that means taking about 20 to 30 per cent of our GDP out of the equation." ey are also much safer than many opponents believe, says David Bursey, a regulatory, environ- mental and Aboriginal law partner at Bennett Jones LLP in Vancouver. "ere is no doubt the evidence demonstrates that pipelines are a very safe mode of transportation, especially compared to trains or tanker trucks," he says. Fred Erickson, a partner in the Calgary office of Stikeman Elliott LLP, who has considerable experience in the oil and gas and natural gas liquids industries, concurs: "Considering the thousands of pipelines, there are very few ruptures." Nonetheless, the challenges investors and de- velopers face in getting pipeline projects approved — "It's a field of landmines in terms of the various traps pipeline developers have to negotiate their way through to get projects off the ground," says Erickson — has created an upsurge in the use of rail to transport oil. "I know a number of producers who are ship- ping [oil] by rail from various terminals around Edmonton to the Chicago area," he says. "ere they load it on barges and have it transported down the Mississippi River to the gulf coast. All it takes is one barge running into a rock or a drunk captain and you could ruin such an important and historical waterway for decades." e most significant landmine that developers face, says Heather Treacy, QC, managing partner in the Calgary office of DLA Piper LLP, "is the un- certainty as to whether final approval of the proj- ect will be granted. e current process means that significant upfront investment costs have to be incurred. ese projects are very, very expensive to develop and can be in the billions of dollars." e second greatest challenge, she says, "is managing and dealing with a very large and varied group of different stakeholders." A key initiative for companies considering ap- plying for a pipeline project, says Alan Ross, man- aging partner of Borden Ladner Gervais LLP's Calgary Office, is consultation. "Building a pipeline in Canada today and get- ting it approved is not for the faint of heart. A number of factors come into play that didn't exist 20 years ago, such as social licence, for example, and the notion of many competing interests, such as the role of provincial governments." Ross says he emphasizes to clients the impor- tance of entering a consultation process with the various stakeholders, especially First Nations, as early as possible. "It needs to be comprehensive and it needs to be sensitive to their concerns." Developers need to think of First Nations "as another level of government," says Bursey, who has

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