WWW.LEXPERT.CA
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2017
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LEXPERT 17
Engbloom, QC, Robert J. Norton Rose
Fulbright Canada LLP
(403) 267-9405
robert.engbloom@nortonrosefulbright.com
Mr. Engbloom advises clients on M&A, transactional, governance and general
business matters. He has acted as lead counsel on a wide variety of significant
transactions and has extensive experience in providing advice on mergers
and acquisitions, reorganizations and related-party transactions as well
as advising boards and special committees on both governance matters
and substantive transactions.
Egan, Wayne T. WeirFoulds LLP
(416) 947-5086 wegan@weirfoulds.com
Mr. Egan, Chair of WeirFoulds's securities practice group, provides legal advice
to private and public companies on financing and regulatory matters, including
IPOs, private placements, M&As, governance and stock exchange listings. Having
served on boards of public and private energy and resource companies, he has
insight into unique challenges faced by the firm's energy and resource clients.
Dzulynsky, Myron B. Gowling WLG
(416) 369-7370 myron.dzulynsky@gowlingwlg.com
Mr. Dzulynsky has extensive experience acting on behalf of financial and strategic
counterparties on energy transactions and primary and secondary infrastructure
transactions in various sectors.
Dunsky, Ilan Dentons Canada LLP
(514) 878-5833 ilan.dunsky@dentons.com
Mr. Dunsky's energy, infrastructure and project finance practice covers both
conventional and renewable energy project development and financing. He
has worked on energy projects throughout Canada, the US, Latin America, the
Caribbean and Africa.
Dunberry, Éric Norton Rose Fulbright Canada LLP
(514) 847-4492 eric.dunberry@nortonrosefulbright.com
Mr. Dunberry has vast experience in risk management and litigation, particularly
in matters relating to energy, trade, regulation, manufacturer's and builder's
liability and infrastructure projects. His services include representing clients
before the civil courts and administrative tribunals in civil litigation, class actions
and administrative disputes.
Duffy, Patrick G. Stikeman Elliott LLP
(416) 869-5257 pduffy@stikeman.com
Mr. Duffy is a partner in the Energy Group with a project development practice
that includes environmental permitting and litigation, energy regulation and
Aboriginal engagement. He was co-counsel for the Ontario Energy Board before
the Divisional Court, Court of Appeal and Supreme Court of Canada for the
Board's decision to reduce nuclear compensation costs.
LEXPERT-RANKED LAWYERS
away with them, they are effectively saying Canada
should not have an oil and gas sector, and that
means taking about 20 to 30 per cent of our GDP
out of the equation."
ey are also much safer than many opponents
believe, says David Bursey, a regulatory, environ-
mental and Aboriginal law partner at Bennett
Jones LLP in Vancouver. "ere is no doubt the
evidence demonstrates that pipelines are a very
safe mode of transportation, especially compared
to trains or tanker trucks," he says. Fred Erickson,
a partner in the Calgary office of Stikeman Elliott
LLP, who has considerable experience in the oil
and gas and natural gas liquids industries, concurs:
"Considering the thousands of pipelines, there are
very few ruptures."
Nonetheless, the challenges investors and de-
velopers face in getting pipeline projects approved
— "It's a field of landmines in terms of the various
traps pipeline developers have to negotiate their
way through to get projects off the ground," says
Erickson — has created an upsurge in the use of
rail to transport oil.
"I know a number of producers who are ship-
ping [oil] by rail from various terminals around
Edmonton to the Chicago area," he says. "ere
they load it on barges and have it transported
down the Mississippi River to the gulf coast. All it
takes is one barge running into a rock or a drunk
captain and you could ruin such an important and
historical waterway for decades."
e most significant landmine that developers
face, says Heather Treacy, QC, managing partner
in the Calgary office of DLA Piper LLP, "is the un-
certainty as to whether final approval of the proj-
ect will be granted. e current process means that
significant upfront investment costs have to be
incurred. ese projects are very, very expensive to
develop and can be in the billions of dollars." e
second greatest challenge, she says, "is managing
and dealing with a very large and varied group of
different stakeholders."
A key initiative for companies considering ap-
plying for a pipeline project, says Alan Ross, man-
aging partner of Borden Ladner Gervais LLP's
Calgary Office, is consultation.
"Building a pipeline in Canada today and get-
ting it approved is not for the faint of heart. A
number of factors come into play that didn't exist
20 years ago, such as social licence, for example,
and the notion of many competing interests, such
as the role of provincial governments."
Ross says he emphasizes to clients the impor-
tance of entering a consultation process with the
various stakeholders, especially First Nations, as
early as possible. "It needs to be comprehensive and
it needs to be sensitive to their concerns."
Developers need to think of First Nations "as
another level of government," says Bursey, who has
