Lexpert Special Editions

Special Edition on Energy - Nov 2014

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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Lexpert®Ranked Lawyers Nishimura, Warren Blake, Cassels & Graydon LLP (403) 260-9664 warren.nishimura@ blakes.com Mr. Nishimura's practices extend to syndicated credit facilities in the energy sector, often involving the US, Europe and Central America. His experience embraces project fi nancings, including on and off balance-sheet lease matters. Northey, Rodney V. Gowling Lafl eur Henderson LLP (416) 369-6666 rodney.northey@ gowlings.com Mr. Northey focuses on environmental assessments, land use, legal approvals affecting the environment, and related hearings and appeals. His work covers projects in the energy, resource extraction, waste, water, transportation, and transit sectors. O'Neill, Seán C. McCarthy Tétrault LLP (416) 601-7699 soneill@mccarthy.ca Mr. O'Neill's practice focuses on M&A, project fi nance and development, and commercial contracting in the power sector. His clients include investors, developers and fi nanciers of all generation technologies, including nuclear. Nixon, Christopher W. Stikeman Elliott LLP (403) 266-9017 cnixon@stikeman. com Mr. Nixon's practice focuses on M&A, corporate fi nance, JVs, and corporate/trust reorganizations and governance. Clients include oil and gas exploration and oilfi eld service corporations, and investment dealers in Canada, the US, Europe and Asia. O'Callaghan, Kevin Fasken Martineau DuMoulin LLP (604) 631-4839 kocallaghan@fasken. com Mr. O'Callaghan provides strategic advice to oil and gas, energy and mining clients on Aboriginal, regulatory, environmental assessment and other CSR issues. He has appeared before courts and tribunals on license challenges and environmental issues. Oliver, Eden M. Bennett Jones LLP (416) 777-7499 olivere@bennettjones. com Ms. Oliver is experienced in international and domestic corporate/ commercial transactions, JVs, M&A, private investments, fi nancing and restructuring. She has transactional, advisory and regulatory expertise, particularly in the energy and mining sectors. Ontario and Quebec | 37 Group, has a mandate to recommend ways to improve the effi ciency and optimize the full value of government- owned assets such as Hydro One and Ontario Power Gen- eration. Due to report by the end of 2014, "actions the govern- ment might take as a result of the Council's report could have a profound impact on the energy environment in Ontario," Freitag says. "It will very much depend upon the nature of the effi ciency and optimization measures adopted by the government in relation to Hydro One and Ontario Power Generation as to how profound this im- pact will be. For example, Hydro One has been active in purchasing some licensed distribution companies in the province, this may or may not change depending upon what measures are adopted." Still, in both provinces community support will, to a high degree, determine which projects go forward. Any energy initiative in Quebec "has to be done in an envi- ronmentally sound manner and you have to have local ac- ceptance from communities as well as First Nations," says La Flèche. " is means that project proponents must be prepared to share in a meaningful way the benefi ts to be derived from projects." For example, " e September call for 450 MW of new wind power provides that projects must be at least 50 per cent controlled by local communities and/or First Na- tions, irrespective of the actual level of local or First Nation ownership," he says. " is requirement has not driven the private sector away. Quebec has an enviable track record with its calls for proposal. Once announced Quebec sees them through." Community support as a key determinant for a project's go-ahead in the renewable sector is true in Ontario, too. "It's not so much government targets, but rather commu- nity support that will determine what renewable energy projects get built," says Vegh. "I think there's still plenty of room in government targets, but the big driver will be 'can you get community support?' I think that will slow down the tide a bit, so we won't see the kind of development that we've seen over the last fi ve years or so." As to commercial growth opportunities, says Vegh, "there are a number of large players in the renewable mar- "[Premier Wynne] renamed the Ministry of Environment as the Ministry of Environment and Climate Change. This is the fi rst time that climate change has been an explicit part of a ministry title." – DIANNE SAXE, SAXE LAW CORPORATION

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