Lexpert Special Editions

Special Edition on Energy 2018

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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12 LEXPERT | 2018 | WWW.LEXPERT.CA PHOTO: SHUTTERSTOCK OIL AND GAS M&A Stagnant oil price, transportation bottleneck and hike in US production all point to a subdued year for Oil & Gas sector By Sandy Rubin n a note to clients earlier this year, BMO Capital Markets urged Cana- dian energy companies to "merge, innovate or face extinction." It was advice that resonated, yet when it comes to merging, despite predictions that many small- and mid-sized explorers and producers would be forced to consolidate aer energy prices slumped in mid- 2014, it hasn't happened to any great degree. "is is what's really strange about this downturn," says Alicia Ques- nel, an energy practitioner at Burnet Duckworth & Palmer LLP. "It's not acting similarly to downturns in the past. is is a much longer cycle than we've seen in the past, and it's taking longer for us to come out of it. What happened in the mid-1980s and mid-1990s is not happening this time." According to Michael ackray, co-chair of the oil and gas group at McMillan LLP, there's "a pretty simple answer why we haven't seen the juniors to intermediates wiped out." He says the banks that funded their exploration and development pro- grams in the boom years have shown "a real reluctance to push them off the cliff. It's the old adage 'If you borrow, you best borrow a lot, not a little.' Because if you borrow a lot the bank really doesn't want to crystallize a loss." THE BIG SQUEEZE I

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