Lexpert Special Editions

Special Edition on Energy 2017

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 | 2017 | LEXPERT 27 Mark, Alan H. Goodmans LLP (416) 597-4264 amark@goodmans.ca Mr. Mark's practice focuses on electricity law and regulation, corporate- commercial litigation and class actions. He represents clients in the energy sector before the Ontario Energy Board and the courts, including the Supreme Court of Canada. He has significant expertise with the legislative and regulatory framework of the Ontario energy market. Madras, Mark L. Gowling WLG (416) 862-4296 mark.madras@gowlingwlg.com Mr. Madras is a Certified Specialist in Environmental Law. His practice includes regulatory compliance, commercial transactions, project approvals and dispute resolution. MacWilliam, Alexander G. Dentons Canada LLP (403) 268-7090 alex.macwilliam@dentons.com Mr. MacWilliam advises the firm's clients on environmental issues, including the management and minimization of liability arising from environmental risks, environmental management systems and dispute resolution. He has appeared before the Alberta Environmental Appeals Board, Alberta Energy Regulator, Natural Resources Conservation Board, Federal Court of Canada and all levels of Court in Alberta. MacKay-Dunn, QC, R. Hector Farris, Vaughan, Wills & Murphy LLP (604) 661-9307 hmackay-dunn@farris.com Mr. MacKay-Dunn has over 25 years of practice experience in a broad range of industry sectors, including mining and energy, lifesciences, technology, new media, advising on corporate and general matters, complex domestic and cross- border public and private securities offerings, mergers and acquisitions, tender offers and international partnering and licensing transactions. Lyons, Catherine A. Goodmans LLP (416) 597-4183 clyons@goodmans.ca Ms. Lyons counsels private- and public-sector clients in municipal and environmental law. She focuses on permitting, allocation of environmental risks and costs and social license matters for energy clients such as Brookfield Asset Management, Enwave, Ontario Power Generation, Atlantic Power, Recurrent Energy and SkyPower. Lissoir, Luc Gowling WLG (514) 392-9571 luc.lissoir@gowlingwlg.com Mr. Lissoir focuses on infrastructure projects in the Energy, Mining and Transportation (Highways, Rail, LRTs, Airports) sectors, including P3s generally across Canada, project financing, PE and Infra funds, as well as M&A, infra asset portfolio transactions, and corporate counselling to Canadian and international infra developers and major financial institutions active in these fields. LEXPERT-RANKED LAWYERS "In the longer term, in many ways," says DeMarco, a senior partner and co-founder of DeMarco Allen LLP, a boutique Toronto firm that specializes in cli- mate change and responsible resource law, President Trump's "backward move was a gi to not just Ca- nadian producers, but American producers who are progressive." Canada's carbon caps and carbon pricing, along with other regulatory approaches, DeMarco says, is forcing oil and gas companies operating here to be not only greener, but more efficient, producing "more output bang for less input bucks." She can see a point where "greener" Canadian oil and gas products could have an advantage in the global marketplace compared to fossil fuel pumped out in a deregulated United States. "I honestly think you should see a market distinction between efficiency and productivity in Canada that will result from what's going on, in contrast, to the US, which is an anti-in- novation play not likely to be conducive to an increase in productivity." Moreover, says DeMarco, if the US chooses not to impose carbon pricing on oil and gas production, jurisdictions that do may apply taxes on US energy imports. Over at Bennett Jones, Warrier sees something posi- tive going on as well as Canadian energy companies contend with the widening policy gulch between Can- ada and the US. Our harsher operating environment, combined with low commodity prices and our inten- sifying regulations, is spurring even greater technical innovations among Canadian producers. As that pro- gresses, the ability of Canadian companies to exploit plays such as the Duvernay and Montney formations will attract more attention from investors. "In each case where these international companies have le, you have seen Canadian capital step up to jump, quite frankly, at the opportunity to take over these assets," says Warrier. "It's fantastic to me and ex- citing, the fact the CNRLs, Cenovuses and Athabascas of our world have stepped up and obtained the capital and want to develop these assets, because they're the ones that know these assets the best. ey are more nimble than most of these international companies and able to more quickly deploy technologies to reduce costs and make the Canadian barrel much more inter- nationally attractive." Quoting Peter Tertzakian, a well-known author and Chief Energy Economist at the private-equity firm ARC Financial Corp., Warrier says the last incremen- tal barrel of oil ever produced in the world should be a Canadian one. "Why? Because we have the most rigorous environ- mental standards on earth. We are doing as much as we can to reduce emissions and to put a price on emissions. And so, when you look around the marketplace of oil barrels around the world, why wouldn't you continue to produce the ones that are subject to those strong regulations and producing the most environmental and sustainable way possible, as opposed to barrels with lesser regulation."

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