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 Christopher, Chris Blake, Cassels & Graydon LLP (403) 260-9662 chris.christopher@ blakes.com Mr. Christopher's practice includes negotiating and drafting downstream, midstream and upstream operational, commercial and purchase and sale agreements. He also advises on the development of oil sands, cogeneration and wind power projects. Convery, Mark A. Norton Rose Fulbright Canada LLP (416) 216-4803 mark.convery@ nortonrosefulbright. com Mr. Convery's domestic and cross- border corporate and securities law practice embraces M&A, private placements and public offerings. He advises at all stages of development, from start-ups to mature public and multinational companies. Corley, Richard F.D. Goodmans LLP (416) 597-4197 rcorley@goodmans.ca Mr. Corley has more than 20 years of experience assisting clients to successfully conclude complex M&A and commercial transactions in renewables, cleantech and information technology. He is focused on the intersection of law, business and technology. Coburn, F.F. (Rick) Borden Ladner Gervais LLP (416) 367-6038 rcoburn@blg.com Mr. Coburn's practice includes land use approvals and environmental aspects of energy and infrastructure projects. He has acted on major transportation and institutional projects involving remediation, site certifi cation and brownfi elds assessment. Corbett, Leland P. Stikeman Elliott LLP (403) 266-9046 lcorbett@stikeman. com Mr. Corbett's corporate- commercial practice embraces public and private capital markets transactions, including corporate and investment banking matters, share and asset acquisitions and dispositions, securities dealings and other M&A. Craig, Gordon M. Lawson Lundell LLP (604) 631-9155 gcraig@ lawsonlundell.com Mr. Craig's practice focuses on the energy sector in western Canada. He represents a major electric utility and active power marketer in connection with varied commercial transactions. He also represents proponents and others in BC's LNG sector. Energy Deals | 11 energy supply lines from Canada, and other investors look- ing for access to overseas markets, all spent 2013 watching for signs that any one of fi ve major pipeline proposals would fi nd an approved route to tidewater. Spitznagel suggests 2013 acquisition appetite was further dulled by concerns over British Columbia LNG taxes, cost escalations on major projects, a North American gas glut and the competition for capital posed by US shale plays. Oslers's M&A lawyer Frank Turner says 2013 activity "fell off a cliff ," but that's partly due to the comparison with 2012, when the "blockbuster" CNOOC and Petronas deals boosted totals by more than $20 billion. In talks with SOEs, he says, he's learned that they are "very concerned" about the pace of pipeline projects and that played a further part in the 2013 deal-making drought. Turner says that a er the initial shock, Chinese SOEs are now coming to terms with restrictions. " e message is get- ting out there that we continue to welcome their investment — within the new rules." A recent PricewaterhouseCoopers poll of some 300 Cal- gary energy executives showed 65-per-cent support for a re- examination of the SOE policy. But Turner says he sees no indication Ottawa is prepared to rethink its position. Janice Buckingham, also of Oslers, says part of the reason for the SOE policy impact was a lack of clarity. e policy statement gives the minister discretion to determine wheth- er an ostensibly private company is acting on behalf of a for- eign government and should therefore be classed as an SOE, as well as what level of SOE ownership constitutes eff ective control in a particular case. "We need to provide clarity and certainty on what the rules are or we risk being uncompetitive," Buckingham says. Several observers have questioned whether the SOE ban will be extended to other sectors, most notably LNG proj- ects, where Petronas and other national oil companies are prominent players. But Buckingham says she believes SOEs can continue to invest with confi dence in Canadian LNG projects. As distinct from buying up established oil sands companies, Asian LNG investment is helping to build new "greenfi eld" LNG projects and companies. And, since Asian countries are the logical buyers of Canadian LNG, she says, it makes sense that they should be equity investors. "If we want to be globally competitive [in LNG], we shouldn't be applying the same limitations on an emerging "Everything just feels better this year than it did this time last year." – PERRY SPITZNAGEL, BENNETT JONES LLP

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