WWW.LEXPERT.CA
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2016
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LEXPERT 9
Chamberlain, Adam Borden Ladner Gervais LLP
(416) 367-6172 achamberlain@blg.com
Mr. Chamberlain is the national leader of BLG's Team North, Aboriginal
Law and Climate Change Groups. He advises developers, governments and
indigenous communities on energy projects across Canada. Certified as a
Specialist in Environmental Law, his practice is focused on environmental,
Aboriginal and regulatory requirements for infrastructure and other projects.
Carson, Lorne W. Osler, Hoskin & Harcourt LLP
(403) 260-7083 lcarson@osler.com
Mr. Carson, also an engineer, focuses on domestic and international
project development and finance in the oil and gas, electrical power
and other infrastructure sectors. His experience embraces multi-party
and joint ventures.
Bursey, David W. Bennett Jones LLP
(604) 891-5128 burseyd@bennettjones.com
Mr. Bursey's regulatory practice focuses on natural resource
and infrastructure development, environmental assessment, water
resource management and Aboriginal law. He also advises clients on
the economic regulation of public utilities and energy delivery systems.
He advises natural resource industry clients, public utilities, First Nations
and government agencies.
Burgess, Patrick W. Dentons Canada LLP
(403) 268-7149 patrick.burgess@dentons.com
Mr. Burgess's energy law practice encompasses all aspects of energy law,
including international and domestic transactions relating to JVs and asset
and corporate acquisitions. He maintains strong relationships with CAPP,
EPAC, CAPL & CELF, and is active in AIPN & RMMLF.
Buckingham, Janice Osler, Hoskin & Harcourt LLP
(403) 260-7006 jbuckingham@osler.com
Ms. Buckingham's energy practice focuses on the development, acquisition
and divestiture of complex energy projects and investments in Canada.
She also advises on issues arising from industry standard agreements.
Brown, Darryl J. Gowling WLG
(416) 369-4581 darryl.brown@gowlingwlg.com
Mr. Brown's practice focuses on infrastructure, P3 and construction law. He
drafts and negotiates project agreements, construction contracts, operating
agreements and other contracts, and regularly represents sponsors,
operators and design builders.
"You [the non-operator] are entitled, generally, under
most operating agreements, to take the hydrocarbons at
the well head in kind. … You actually obtain your hydro-
carbons yourself and sell them. ey never go through
the account of the operator." It's known as a take-in-kind
provision and has been common in oil and gas partner-
ship agreements for decades. However, says Block, there
is oen confusion in the industry about how the pro-
vision works — and operators oen feel they have the
right to control sales of all hydrocarbons produced in
joint operations.
ese days Block sees far more take-in-kind provi-
sions being triggered. And new laws and rulings stem-
ming from the last bust cycle have clarified that revenues
collected by an operator are technically held "in trust"
for non-operators, giving the latter more legal leverage
to gain access to that money.
For lawyers in the patch, says Chip Johnston, de-
pressed oil prices mean they've had to find ways to
"manage the process of using lawyers, so clients spend
more time on business and ultimately consume less of
their money on our fees. You can say that's terrible for
the legal business. But I take the contrary view.
"I think law has to look at itself in the same way as
people who are drilling wells, hauling water and supply-
ing frac fluids. We are all in this to have greater capital
efficiency. And that does not have to destroy our mar-
gins. It just has to involve creativity as to how we deliver
our services."
LEXPERT-RANKED LAWYERS
- Frank Turner, Osler, Hoskin & Harcourt LLP
"In the past, prices
have declined precipitously
for a period of time,
then rebounded sharply.
But this is a more profound
downturn than we have
experienced in the last
ten years."
PHOTO:
REUTERS
