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 Pipelines v. Rail | 19 Garcia, Joseph A. Blake, Cassels & Graydon LLP (604) 631-3307 joseph.garcia@ blakes.com Mr. Garcia focuses on M&A and corporate fi nance, including public and private equity and debt, take- overs, issuers bids and regulatory compliance. He advises public and private companies, investment dealers, VC and PE funds, and boards. Ghikas, Matthew Fasken Martineau DuMoulin LLP (604) 631-3191 mghikas@fasken.com Mr. Ghikas is a highly ranked energy lawyer with expertise in the oil and gas, electricity and utility industries. He provides strategic advice and represents energy clients in administrative proceedings, litigation, arbitration and mediation. Gill, Sony McCarthy Tétrault LLP (403) 206-5529 sgill@mccarthy.ca Mr. Gill has acted as counsel to public and private oil and gas producers, energy services companies and investment banks in a range of M&A transactions and debt and equity fi nancings. He also advises on corporate governance and compliance matters. Germanakos, Chris N. McMillan LLP (416) 865-7865 chris.germanakos@ mcmillan.ca Mr. Germanakos advises the energy, fi nancial institution, infrastructure and consumer products sectors, among others, on M&A, joint venture, private equity, governance, regulatory and general corporate and commercial matters. Gibson, QC, Brock W. Blake, Cassels & Graydon LLP (403) 260-9610 brock.gibson@blakes. com Chair and partner. Mr. Gibson's practice focuses on mergers and acquisitions, corporate fi nance, private-equity and restructuring transactions. His experience includes acting as lead counsel on numerous mergers and acquisitions and public offerings. Gilliland, William G. Dentons Canada LLP (403) 268-6826 bill.gilliland@dentons. com Mr. Gilliland advises public and private companies domestically and internationally on M&A matters, primarily in the power, oil and gas and other resource sectors. He also counsels on fi nancing, securities and governance issues. the treatment of oil being transported overland by rail. Pipelines are the lightning rod for environmental activists, but sending hundreds of tanker cars fi lled with crude hur- tling through Canadian cities, towns and wilderness raises its own set of concerns, says John Osler, a partner at McCarthy Tétrault LLP in Calgary. "Rail is a really bad way to do this," says Osler. " e issue for the energy companies in the transportation of crude oil by rail, I think, is that it is really unsafe. e railway wasn't made for transporting this sort of thing. "When a pipeline explodes or has a leak, there are tragic environmental consequences at times. But when a railway car explodes people die. We already saw that at Lac-Mégan- tic. So it's not as easy as saying if we don't have pipeline access, we'll move it by rail." Yet that is exactly what's happening. Five years ago, trains in Canada carried barely 1,000 bar- rels a day. at fi gure is expected to top 1,000,000 barrels a day by the end of this year. Canadian railways are going straight to the oil compa- nies and selling the advantages of shipping by rail, says John Landry, a partner at Davis LLP in Vancouver. "Say I want to pipe my oil from Alberta to the Gulf Coast, and I'm constrained in getting it there, then somebody comes to me and says they can do it by rail. at literally is what's happening," he says. " e rail companies are going to the oil companies and saying : 'You're having trouble moving your oil to the Gulf Coast? OK, we can do it for you. We'll create your pipeline. We'll put it in tank cars and we'll run her down the rail sys- tem and it'll be just as if you had a pipeline to wherever you tackle the eff ects of a possible accident. ey also tighten government control over day-to-day operations, with the NEB required to increase the number of annual pipeline inspections by 50 per cent and double the number of yearly audits of oil and gas companies to identify safety defi ciencies. at's where the new regime stands in sharp contrast to

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