WWW.LEXPERT.CA
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2017
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LEXPERT 25
Krawchuk, Leanne C. Dentons Canada LLP
(780) 423-7198 leanne.krawchuk@dentons.com
Ms. Krawchuk advises mining producers in Canada on corporate/commercial,
construction and procurement, corporate finance and securities, mergers and
acquisitions and other mining legal matters including the negotiation of supply
agreements with electricity producers. She advises on royalties, price reviews,
dedication and unitization agreements and assignments and transfers
of mining interests.
Kott, Olivier F. Norton Rose Fulbright Canada LLP
(514) 847-4445 olivier.kott@nortonrosefulbright.com
Mr. Kott has over 39 years' experience in the prevention, management and
resolution of complex business disputes with a particular focus on construction
law, product liability and insurance in the energy and infrastructure sector. He
has extensive civil trial and appellate experience, including successfully pleading
two landmark cases before the Supreme Court of Canada.
King, Richard J. Osler, Hoskin & Harcourt LLP
(416) 862-6626 rking@osler.com
Mr. King advises clients on commercial and regulatory matters related to power
project development, power trading and utility regulation, as well as the duty
to consult Aboriginal groups regarding large natural resource projects.
Killoran, QC, Maureen E. Osler, Hoskin & Harcourt LLP
(403) 260-7003 mkilloran@osler.com
Ms. Killoran, Managing Partner of Osler Calgary, maintains a full litigation
practice, representing clients on business critical, commercial and resource
industry disputes. She is lead counsel on complex commercial disputes and in
the defence of challenges to major resource projects. She is a seasoned trial
and appeal lawyer with extensive commercial arbitration experience.
Kierans, David B. Gowling WLG
(514) 392-9551 david.kierans@gowlingwlg.com
Mr. Kierans practises in corporate and commercial law with particular emphasis
on secured lending, real estate acquisition and finance, asset-backed and
project financing. His experience includes energy-generation projects and P3
project finance.
Keen, Matthew Norton Rose Fulbright Canada LLP
(604) 641-4913 matthew.keen@nortonrosefulbright.com
Mr. Keen is an energy regulatory lawyer whose practice spans the interrelated
areas of energy law, utility and economic regulation, environmental assessment,
environmental permitting and compliance, and Aboriginal law. He advises clients
on these matters, and regularly appears before a variety of administrative
tribunals such as the British Columbia Utilities Commission.
LEXPERT-RANKED LAWYERS
ciation of Petroleum Producers (CAPP) estimates that,
together, provincial and federal government policies
and rules were costing our oil and gas industry between
$450 million and $760 million annually. And there are
more coming. CAPP forecasts that capital spending in
Canada in 2017 will have dropped by $44 billion from
$81 billion in 2014. Meanwhile, spending in the US
will have risen by 38 per cent to $120 billion.
e question is, are federal and provincial policies
pushing companies and investments out of the Cana-
dian energy patch, or are President Trump's policies
reeling them in? In Warrier's view, it may be neither.
"It is a mischaracterization to suggest that capital is
fleeing Canada," he suggests. "At the
end of the day there are a lot of people
trying to score political points by sug-
gesting that the reason this capital is
departing because, from a political
perspective, things like carbon taxes
and more rigorous environmental ap-
proval standards have been introduced.
I don't think that's it at all. ese are
global companies who have the ability
to deploy their capital where it makes
the most sense at any given time. And
the incremental production costs in
Canada are higher," he stresses, "inde-
pendent of the regulatory regime, sim-
ply because of our very difficult topo-
graphical, geological situation."
In the United States, says Warrier,
with production costs under pressure
from low commodity prices, it's easier,
for instance, to produce oil and gas
from the Permian Basin in Texas and
New Mexico than it is from the more
remote reserves in Canada. In the US,
he says, you get "much more bang for
your buck at this time."
So has anything changed with US energy politics
under President Trump's administration? "Initially
at least," says Jenkins, who has been an advisor to En-
bridge Inc., the election of Donald Trump "was a bit of
a psychic boost." For decades, he explains, the North
American energy industry has faced stiff opposition
from different segments of society as it developed
infrastructure. But when President Trump quickly
signed an executive order approving Keystone XL aer
his November election, and appointed former Exxon
Corp. CEO Rex Tillerson as Secretary of State, "it felt
like it would be more socially acceptable to support the
oil and gas business now."
In the months aer Trump was inaugurated on Jan-
uary 20th, says Jenkins, foreign companies operating in
Canada did seem inclined to head for the US. "I think
while that was the case when he first came into power,
but now there is a mixed message. Business is certainty
and clarity. And so far that hasn't been the cases in the
US. Trump's policies haven't resulted in legislation yet."
