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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8 LEXPERT | 2017 | WWW.LEXPERT.CA Bouvette, Sylvie Borden Ladner Gervais LLP (514) 954-2507 sbouvette@blg.com Ms. Bouvette is the Montréal regional leader of BLG's Electricity Markets and Oil & Gas Groups. She has over 30 years' experience representing clients in connection with the development, acquisition, joint ventures, partnership and financing of hydro, biomass, LNG, biogas and wind farm projects, and has been involved in the energy industry notably through board memberships and industry events. Borduas, Robert G. Norton Rose Fulbright Canada LLP (514) 847-4524 robert.borduas@nortonrosefulbright.com Mr. Borduas is a Canadian practice leader in project finance. He has represented lenders and borrowers in several large energy projects including wind farms and gas storage facilities. Borden, Richard P. Norton Rose Fulbright Canada LLP (403) 267-8362 rick.borden@nortonrosefulbright.com Practising extensively in the area of complex commercial transactions, Mr. Borden focuses on large-scale projects and financings in the energy sector, including oil sands projects, pipeline projects and LNG projects. His clients include major Canadian banks and project sponsors and he has strong relationships with the key project lending specialists at the major Canadian banks. 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, QC, 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. Bertrand, AdE, Jean G. Norton Rose Fulbright Canada LLP (514) 847-4401 jean.bertrand@nortonrosefulbright.com Mr. Bertrand focuses on commercial and corporate litigation, including class actions and arbitration, and on administrative law, with emphasis on regulated activity such as competition, transportation, international trade and energy. undergo the process that Ottawa is working on and promises to put in place. Among lawyers interviewed for this story there is a general view that, whether or not they agreed with the Report, the NEB needed fixing. As a result of what seemed an endless stream of contentious issues faced by the NEB, pipeline applications have been thrown into doubt and approval processes bogged down in delay. "All sides are impacted by the lack of certainty," says Lisa DeMarco, a partner at DeMarco Allan LLP in Toronto. "I think [the revamp] is a positive for the whole sector." A lawyer with more than two decades of experience, DeMarco mainly represents governments and First Na- tions at the NEB and other regulators. She is particu- larly pleased to see the expert panel's advice on paying greater attention to Aboriginal interests. "Everyone has the right to be heard, particularly those who have felt aggrieved by the historical process," says DeMarco. Many of the problems identified by the panel were rooted in NEB governance, and some of its recommen- dations sought to address those issues. ey include a call to create separate chairperson and CEO roles, with separate hearing commissioners and a variety of back- grounds. Much of the regulator's work is "very technic- al," says DeMarco. "Some of the project approvals re- quire advanced economic and engineering skills, so you want to have that reflected but you also want to have a strong indigenous perspective, a strong environmental perspective, a strong economic perspective." Laura Estep, a partner at Dentons Canada LLP and a member of the firm's energy regulatory practice group, says she too is pleased with some of the proposed chan- ges. Recommendations such as a move toward a more corporate structure with separate CEO and chair- person roles would move the regulator to "a govern- ance structure that is very similar to the Alberta energy regulator," she says. "It's a positive evolution, and I think probably that's a recommendation that might end up getting implemented." LEXPERT-RANKED LAWYERS "We are not balancing the benefits of the impact. What we're looking at, what the NGOs have been able to achieve is to say, 'Look, unless it's beneficial from an environmental perspective, it shouldn't proceed.'" - Shawn Denstedt, Osler, Hoskin & Harcourt LLP "

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