Lexpert Special Editions

Special Edition on Litigation 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.

Issue link: https://digital.carswellmedia.com/i/896623

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Page 37 of 43

38 LEXPERT | 2017 | WWW.LEXPERT.CA Valasek, Martin J. Norton Rose Fulbright Canada LLP (514) 847-4818 martin.valasek@nortonrosefulbright.com Mr. Valasek's international practice embraces both commercial and investor- State arbitration (including NAF TA Chapter 11), in sectors such as aerospace, construction, forestry, mining and energy. He also advises on cross-border litigation matters. Thornton, Robert I. Thornton Grout Finnigan LLP (416) 304-0560 rthornton@tgf.ca Mr. Thornton, an IIC Director, is named "Lawyer of the Year" in the 2018 edition of Best Lawyers in Canada. Euromoney's The Best of the Best 2016 recognized him as one of the top five insolvency and restructuring lawyers in Canada, while Chambers Global ranks him as a Band 1 Leading Individual in Restructuring. He is described as "a leading light" and "one of the most innovative in the field." Thomson, Mary M. Gowling WLG (416) 862-4644 mary.thomson@gowlingwlg.com Ms. Thomson serves as head of Gowling WLG's National Litigation & Dispute Resolution Group in Canada. She represents clients in high-profile product liability class actions and mass tort litigation (pharma and medical devices) as well as in health law, consent law privacy law. Thomson, Kent E. Davies Ward Phillips & Vineberg LLP (416) 863-5566 kentthomson@dwpv.com Mr. Thomson has been recognized by Lexpert and others as one of Canada's leading litigation counsel. He has acted in numerous precedent-setting trials and appeals, including on a number of occasions in the Supreme Court of Canada. He specializes in complex, high-stakes commercial litigation. He is a Fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers. Thacker, Lawrence E. Lenczner Slaght Royce Smith Griffin LLP (416) 865-3097 lthacker@litigate.com Recognized as one of Canada's leading trial and appellate counsel, Mr. Thacker has extensive experience and a proven track record in complex and cross-border litigation, including mergers and acquisitions, securities disputes, class actions, commercial litigation and arbitrations, insolvency and restructuring, and intellectual property cases. Tenai, Steve J. Norton Rose Fulbright Canada LLP (416) 216-4023 steve.tenai@nortonrosefulbright.com Mr. Tenai's practice includes class action, securities, commercial, oppression, take-over and privacy litigation. He also represents companies and/or their directors and officers in internal and regulatory investigations. LEXPERT-RANKED LAWYERS million (including prejudgment interest), which is the largest reported award in a Canadian patent in- fringement case. Nova has filed an appeal of Justice Fothergill's in- itial decision. Steve Garland, Jeremy Want. Colin Ingram, Dan- iel Davies and Kevin Graham of Smart & Biggar, with Ryan Evans of DLA Piper (Canada) LLP, act- ed for the plaintiffs, e Dow Chemical Company, Dow Global Technologies Inc. and Dow Chemical Canada ULC. Robert MacFarlane, Michael Charles, Andrew McIntosh, Adam Bobker, Michael Burgess and Jerry Chen of Bereskin & Parr LLP acted for the defendant, Nova Chemicals Corporation. ORPHAN WELL ASSOCIATION V. GRANT THORNTON DECISION DATE: APRIL 24, 2017 In a landmark appeal decision released on April 24, 2017, the majority of the Alberta Court of Appeal dismissed an appeal by the Alberta Energ y Regulator (AER) and Orphan Well As- sociation (OWA) of the May 2016 decision of the Honourable Neil Wittmann, Chief Justice of the Court of Queen's Bench of Alberta in the Redwater Energ y Corp. (Redwater) receivership and bankruptcy proceedings. In its decision, the majority of the Alberta Court of Appeal held that Grant ornton Ltd., the re- ceiver and trustee in the Redwater Energy Corp. receivership and bankruptcy proceedings, was en- titled to disclaim Redwater's non-producing oil wells and sell its producing ones. Redwater is a junior oil and gas producer that went into insolvency in the spring of 2015. Some of Redwater's oil wells are valuable, while others might be considered "orphans" because the costs of environmental remediation required to abandon them exceed the value of those wells. Redwater's trustee in bankruptcy wanted to renounce or dis- claim Redwater's interest in the orphan wells, but keep and sell the valuable wells to maximize the re- covery of the secured creditor. e Alberta Energy Regulator argued that that was not permissible, and that a sufficient portion of the sale proceeds from the valuable wells should be set aside to meet the ex- pected costs of remediating the orphan wells. e decision of the Alberta appellate court dis- missed the appeals of the AER and the OWA, who had argued that Chief Justice Wittmann erred in finding that Grant ornton should not have to carry out the abandonment, reclamation and re- mediation obligations of Redwater's non-producing wells, or perform abandonment orders as issued by the AER, which included paying a security deposit. Specifically, the majority of the Court of Appeal (comprising the Honourable Mr. Justice Frans Slat- ter and the Honourable Madam Justice Frederica

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