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 7 Booth, QC, Robert (Bob) T. Bennett Jones LLP (403) 298-3252 boothb@bennettjones.com Mr. Booth has a broad commercial practice in energy and resources. He represents clients in the oil and gas, pipeline, LNG, uranium and electricity sectors. He advises on purchases, sales, new businesses, joint ventures and partnerships. Block, QC, Randall W. Borden Ladner Gervais LLP (403) 232-9572 rblock@blg.com Mr. Block, QC, specializes in all forms of dispute resolution in the energy/oil & gas industries, including regulatory proceedings, litigation and arbitration. He has appeared before the Alberta Court of Queen's Bench, Alberta Court of Appeal, Supreme Court of Canada, Alberta Utilities Commission, Alberta Energy Regulator, National Energy Board and various arbitral panels. He is an ACTL Fellow. Bigué, AdE, Ann Dentons Canada LLP (514) 878-8808 ann.bigue@dentons.com A former National Energy Board Counsel, Ms. Bigué's administrative, constitutional and regulatory law practice includes an emphasis on energy and natural resources law and environmental assessment. She also provides advice on Aboriginal and treaty rights to corporate clients in this context. Bertoldi, Linda L. Borden Ladner Gervais LLP (416) 367-6647 lbertoldi@blg.com Ms. Bertoldi is a senior partner and the national leader of BLG's Electricity Markets Group. She has extensive power sector experience in project structure and development, project finance, mergers & acquisitions and with natural gas, cogeneration, district energy, distributed generation, wind, solar, hydro, biomass, landfill gas and other renewable technologies. Bergner, Keith B. Lawson Lundell LLP (604) 631-9119 kbergner@lawsonlundell.com Mr. Bergner advises private- and public-sector clients on Aboriginal law and energy/regulatory matters. He has appeared as counsel before all levels of courts, including the Supreme Court of Canada. He acts for clients in various industries including oil & gas, liquefied natural gas, mining and hydro-electric generation and transmission. He is head of the firm's Aboriginal Law practice group. Bennett, Chris Osler, Hoskin & Harcourt LLP (416) 862-5992 cbennett@osler.com Mr. Bennett's practice focuses on project finance with an emphasis on energy, infrastructure and PPPs. He has acted on project financings in a wide variety of sectors, including renewable energy, healthcare and transportation. insolvent oil or gas company, it can legally avoid and renounce liability and costs of well abandonment, re- mediation and reclamation. at means clean-up for such abandoned wells would now fall on the industry- funded Orphan Well Association. (e AER's and Or- phan Well Association's appeal of the Redwater decision is expected to be heard in October.) In response the AER hiked what is known as the liability-management ratio (LMR) from 1.0 to a min- imum of 2.0. e LMR is a deemed asset-to-liability ratio meant to ensure a company has the financial abil- ity to properly deal with the proper clean-up of any wells it owns or acquires from another company, should eco- nomic or other factors force it to shut down those wells. Purchasers that fail to meet the threshold are prohibited from buying AER-licensed wells. As of the AER's last re- port in April, 311 licensees had LMRs below 2.0 versus 219 that had an LMR of 2.0 or more. e new LMR requirement, says Kelly Bourassa, a partner and head of the restructuring and insolvency group with Blake, Cassels & Graydon LLP in Calgary, will likely limit the prospective pool of purchasers now looking to buy assets of distressed Alberta oil and gas companies. Bourassa says it's "early days" and that, so far, the AER has shown some flexibility on existing LMRs lower than 2.0 for deals that were already underway. But, she notes, LMRs are based on the deemed value of a company's assets based on the rolling three years' prior netback (gross profit per barrel of oil or equivalent it produces). Should low oil prices continue as the high prices of three years ago roll off, that will dramatically affect future LMR calculations. Moreover, if prices go LEXPERT-RANKED LAWYERS

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