Recent Work
  • Horizon Utilities in connection with the merger participation agreement with PowerStream and Enersource to form Alectra Inc. (C$3.5B enterprise value) and the share purchase agreement for their collective purchase from the Province of Ontario of Hydro One Brampton Networks for C$607M.
  • Axium consortium including Manulife and The Alberta Teachers’ Retirement Fund Board in its acquisition of a one-third interest in the K2 Wind Project, a Southern Ontario-based 270 Mwh wind project from Samsung Renewable Energy and the consortium’s mezzanine financing provided by Caisse de dépot et placement du Québec.
  • Boralex Inc. in its acquisition of all of the economic interest of ENERCON Canada Inc. in the 230-MW Niagara Region Wind Farm project, located in Ontario, for a total cash consideration of C$232.4M, and its accession to senior secured ring-fenced financings totaling C$828.3M from a club of international financial institutions. We also acted for Boralex Inc. as co-counsel in its related C$173M equity offering, the proceeds of which were used to finance the acquisition.
  • Atlantic Power Corporation in negotiations of termination of two power purchase agreements with the IESO, and the suspension of a third agreement.
  • The Alberta Electric System Operator (AESO) in respect of the application made by the Independent Power Producers Society of Alberta to the Alberta Court of Queen’s Bench to set aside a decision of the AESO regarding what competitive electricity market information is required by legislation to be published.
  • OEB in successful appeal to the Supreme Court of Canada restoring OEB’s decision to disallow rate recovery by Ontario Power Generation of C$145M in collective bargaining related costs.
  • ITC Holdings in obtaining NEB certificate and other approvals to construct first merchant transmission project to connect to the Ontario system and the first transmission link between Ontario and PJM market in Mid-Atlantic and Midwest states.
  • The Special Committee of the board of directors of TransAlta Renewables Inc. in its investment in tracking preferred shares of a subsidiary of TransAlta Corporation, which will provide an economic interest in and based on the cash flows from TransAlta Corporation’s Sarnia Cogeneration Plant, Le Nordais wind farm and Ragged Chute hydro facility for a combined value of approximately C$540M, satisfied by a combination of the cash proceeds of a public equity offering, and the issuance of C$175M in common shares and a C$215M convertible unsecured subordinated debenture.
  • EDF EN Canada Inc., a subsidiary of EDF Energies Nouvelles, in the financing of the 350-MW Rivière du Moulin Wind Project and sale of a 42.5% interest to a consortium formed by Régime de rentes du Mouvement Desjardins, Desjardins Financial Security Life Assurance, Certas Home and Auto Insurance Company, Industrial Alliance Insurance and Financial Services Inc. and The Manufacturers Life Insurance Company.
  • A syndicate of lenders in its financing of the 22-MW East Durham and 100-MW Cedar Point II Wind energy projects located in Ontario, Canada.
  • AltaGas in respect of its termination, and return to the Alberta Balancing Pool, of a Power Purchase Arrangement in reliance upon a change in law provision.
  • Royal Bank of Canada, as lead underwriter, and a syndicate of banks in their bond refinancing of the 100-MW Kingston Solar project.
  • Three Mi’kmaq communities on a 150-MW wind farm project, at the time the largest First Nations wind power project in Canada.
  • TerraForm Power, as Canadian counsel, in connection with the acquisition and financing of various renewable energy assets.
  • The Alberta Electric System Operator in a public hearing before the Alberta Utilities Commission related to the competitively procured 500 kilometre 500 kV transmission line between Edmonton and Fort McMurray, Alberta.
  • A global energy company in its participation in the SaskPower RFP to construct and operate a dual-cycle gas plant.