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2019
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LEXPERT 21
five sentencing factors, Gilmour adds: culpabil-
ity, prior record, damage or harm, remorse and
deterrence. "e courts have said the most im-
portant is culpability, which goes back to hav-
ing proper procedures in place [to] prevent an
incident from occurring" in the first place; this
will provide a defence and may lower the pen-
alty. "Due diligence is key." e second most im-
portant factor would be the degree of damage or
harm, he says.
Rosalind Cooper, an environmental lawyer at
Fasken Martineau DuMoulin LLP in Toronto,
has also observed an uptick in numbers of pros-
ecutions under the Fisheries Act in particular,
though it is "a trend you continue to see over
time," and penalties have been much higher in
the United States. "I think we're consistent in
the sense that we're focused on enforcement,"
and penalties have generally increased in confor-
mance with that, she says.
Lawyers have also been discussing with their
clients the implications of the Supreme Court of
Canada's January ruling in Orphan Well Associa-
tion v. Grant ornton Limited on companies do-
ing business in the oil patch, or elsewhere where
environmental issues may be at play.
e implications of the decision — in which
the Supreme Court ruled that the trustee for
the bankrupt Redwater oil and gas company in
Alberta couldn't walk away from its disowned
sites, and that provincial environmental obliga-
tions must be met before Redwater's creditors
were paid — are significant, says Cooper. Ini-
tially, the decision was thought to be specific to
Alberta statutes and its requirements for clean-
ing up exhausted oil wells; oil and gas companies
there cannot transfer licences without permis-
sion from the Alberta Energy Regulator, which
requires that environmental obligations have
first been met.
LEXPERT-RANKED LAWYERS
Legge, Dion J. Norton Rose Fulbright Canada LLP
(403) 267-9438 dion.legge@nortonrosefulbright.com
Mr. Legge practises tax law and advises on domestic and international tax
planning with a focus on corporate reorganizations, M&A, financings, private-
equity investments and resource taxation. He also advises on tax-planning
issues related to international structures for Canadian-based multinational
businesses, on foreign investments in Canada and on structuring cross-
border M&A and divestitures.
Langlois, Martin Stikeman Elliott LLP
(416) 869-5672 mlanglois@stikeman.com
Mr. Langlois is a partner practising corporate and securities law, and a former
Co-head of the Mergers & Acquisitions and Private Equity Groups. He focuses
on domestic and cross-border mergers and acquisitions (including leveraged
buyouts), securities and corporate finance transactions, as well as corporate
governance and other commercial matters.
Langen, Dennis P. Stikeman Elliott LLP
(403) 266-9074 dlangen@stikeman.com
Mr. Langen is a partner in the Energy Group where his practice focuses on the
regulation of energy development and energy infrastructure. He has signifi-
cant experience with the regulation of oil and gas facilities, power facilities,
oil and gas development, energy export and import, and the economic
regulation of pipelines and public utilities.
Kyte, Kevin Stikeman Elliott LLP
(514) 397-3346 kkyte@stikeman.com
Mr. Kyte's energy practice focuses primarily on domestic and international
mergers & acquisitions and regulatory issues in business and financing
transactions. His recent work includes: representation of a Canadian public
company in its wind power projects in Québec, including joint-venture agree-
ments, review of RFPs issued by Hydro-Québec, negotiations with govern-
mental entities and financing.
Krawchuk, Leanne C. Dentons Canada LLP
(780) 423-7198 leanne.krawchuk@dentons.com
Ms. Krawchuk advises mining producers in Canada on corporate/commercial,
construction and procurement, corporate finance and securities, mergers
& acquisitions, and other legal matters, including the negotiation of supply
agreements with electricity producers. She advises on royalties, price re-
views, dedication and unitization agreements and assignments, and transfers
of mining interests.
Kraus, Brent W. Bennett Jones LLP
(403) 298-3071 krausb@bennettjones.com
Mr. Kraus is Co-head of the firm's Corporate Department and focuses on M&A
and capital market transactions involving clients in the upstream and mid-
stream energy and oilfield services industries. He also advises with respect to
corporate governance, special situations and shareholder activism. He acts
for strategic acquirors and financial investors, local management teams
and investment dealers.
