Lexpert®Ranked Lawyers
Pipelines v. Rail | 17
Ferrier, Janet
Davies Ward Phillips
& Vineberg LLP
(514) 841-6511
jferrier@dwpv.com
Ms. Ferrier's energy
practice focuses
on domestic and
international M&A, joint
ventures, investment
and related commercial
matters.
Flaman, Derek S.
Torys LLP
(403) 776-3759
dfl aman@torys.com
Mr. Flaman's practice
encompasses
energy industry
transactions, including
M&A; joint ventures;
onshore and offshore
petroleum exploration,
development and
production matters;
pipeline matters; and
marketing of energy-
related products.
Foran, QC, Frank R.
Borden Ladner
Gervais LLP
(403) 232-9443
fforan@blg.com
Mr. Foran's practice
emphasizes
commercial litigation
and arbitration related
to energy, banking,
securities, insolvency
and construction
matters before all levels
of court and tribunals.
He is an ACTL Fellow.
Finnerty, Pat C.
Blake, Cassels &
Graydon LLP
(403) 260-9608
pcf@blakes.com
Mr. Finnerty's
emphasis is on
domestic and cross-
border M&A, corporate
transactions, public
offerings, private
placements and
special committees.
He has extensive
experience in the
acqusition, structuring
and fi nancing of oil
sands projects.
Fontaine, Mireille
Gowling Lafl eur
Henderson LLP
(514) 392-9444
mireille.fontaine@
gowlings.com
Ms. Fontaine's
business law practice
focuses on domestic,
cross-border and
international PE,
VC, M&A and fund
formation. She also
has a focus on
complex commercial
agreements,
particularly in the
technology industry,
including cleantech.
Fortier, Michael J.
Torys LLP
(416) 865-8147
mfortier@torys.com
Mr. Fortier's energy and
infrastructure practice
primarily focuses on
the environmental
aspects of fi nance
and M&A transactions.
His experience also
includes advising on
signifi cant project
development,
permitting and
Aboriginal law issues.
Given the North American energy boom and congested
pipeline capacity, there is a workaround: rail is picking up the
slack. e number of trains carrying crude oil is increasing
along with the number of tanker cars they're carrying.
Getting land-locked crude oil to market is critical to the
health of Canada's petro-dollar economy. Transportation
bottlenecks have been pushing down prices. Last year, heavy
Canadian crude traded as low as $40 per barrel below US
benchmark prices.
It is estimated Canada's producers could make $50 mil-
lion a day more if they sold outside North America, but that
hinges on being able to move their crude to coastal refi neries.
Ottawa, perhaps realizing it needs to do a better job of sell-
ing the message that Canada is serious about pipeline-safety
regulation, introduced new rules earlier this year aimed at
tightening government scrutiny.
e proposed new measures hand greater regulatory con-
trol over 73,000 kilometres of pipeline, which transports
over $100 billion worth of oil and gas across Canada annu-
ally, to the National Energy Board.
At the same time, the new regime introduces absolute
liability for NEB-regulated pipelines, making the pipeline
companies responsible for all damage resulting from a spill
regardless of who was at fault.
While pipeline leaks can be caused by corrosion or crack-
ing, they can also be caused by third parties excavating with
heavy machinery. Under the proposed new regime that won't
matter — the pipeline companies are on the hook regardless.
ey will be required to set aside $1 billion in fi nancial ca-
pability to deal with potential accidents, and in cases where
the company can't or won't pay, the NEB is being given the
authority and resources to assume control of the response.
ere was barely a peep from the oil patch when the new
measures were introduced.
Lawrence Smith, founding head of the regulatory depart-
ment at Bennett Jones LLP, says that's likely because most of
the changes are just the formalization of longstanding pipe-
line industry practice.
"Where a pipeline caused a problem in the past, pipeline
companies have been more than willing to pay. For example,
Enbridge spent a lot of time and money, over $1 billion, to
clean up the spill in the Kalamazoo River."
e proposed requirement that major companies set aside
$1 billion in fi nancial capacity to cover the cost of any ac-
cident won't pose any problem, says Smith, former counsel
