Lexpert Special Editions

Special Edition on Energy 2016

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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WWW.LEXPERT.CA | 2016 | LEXPERT 13 Dzulynsky, Myron B. Gowling WLG (416) 369-7370 myron.dzulynsky@gowlingwlg.com Mr. Dzulynsky has extensive experience acting on behalf of financial and strategic counterparties on energy transactions and primary and secondary infrastructure transactions in various sectors. Dunsky, Ilan Dentons Canada LLP (514) 878-5833 ilan.dunsky@dentons.com Mr. Dunsky's energy, infrastructure and project finance practice covers both conventional and renewable energy project development and financing. He has worked on energy projects throughout Canada, the US, Latin America, the Caribbean and Africa. Duchaine, Christine Sodavex Inc (514) 989-9119 cduchaine@sodavex.com Ms. Duchaine has practised law in the areas of environment and energy for 26 years. She assists clients in their development projects, including energy-related projects. She assists them in obtaining the necessary authorizations and represents them before the courts, if required. Her profound knowledge of the law combined with her talent as a litigator have earned her a solid reputation. Drance, Jonathan S. Stikeman Elliott LLP (604) 631-1361 jdrance@stikeman.com Mr. Drance practises in corporate finance and securities with a focus on M&A, public financings and reorganizations. He has acted for Canfor, Bentall, Terasen, Duke Energy and more. He writes extensively on corporate governance and fiduciary duties. Desbarats, QC, Robert P. Osler, Hoskin & Harcourt LLP (403) 260-7015 rdesbarats@osler.com Mr. Desbarats is a corporate and commercial lawyer whose practice primarily involves commercial transactions relating to all aspects of the Canadian and international upstream and midstream oil and gas, oil sands and liquefied natural gas businesses, including acquisitions and divestitures, joint ventures, power, upstream and midstream oilfield activities and marketing arrangements. DeRose, Vincent J. Borden Ladner Gervais LLP (613) 787-3589 vderose@blg.com Mr. DeRose is the Ottawa regional leader of BLG's Energy Markets and Oil & Gas Groups. He represents clients on natural gas and electricity regulatory matters before the Ontario Energy Board and the National Energy Board. LEXPERT-RANKED LAWYERS the legal landscape, Helbronner says, Gitxaala contrib- utes to the ongoing evolution of Aboriginal law by un- derscoring that "the duty to consult and the honour of the Crown have meaning." From the 1970s onward, a growing body of case law has found that the federal Crown owes a fiduciary duty to Aboriginal peoples, including the duty to consult and accommodate before approving any development on land subject to treaty or land claim, proven or pend- ing. Courts have found that this duty can never be ad- versarial toward Aboriginal groups and always engages the honour of the Crown. "Successful proponents are the ones who look at [consultation] from a principled perspective," Helbron- ner says. "It's not a check-the-box exercise. Developers should ask themselves, what's the project, what are the Aboriginal rights at issue and how are these recon- ciled? It's not an us-versus-them situation. Any healthy relationship has to have respect at its core." Corporate schedules that are too aggressive can frequently clash with the timelines of First Nations, "who've been on that land since time immemorial," says Helbronner, and may be in no hurry to conclude a deal. Wherever issues arise, however, proponents need to be able to "take a step back" and find a solution that PHOTO: REUTERS

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