OVERVIEW & EXPERTISE

 

​While district energy contributes to sustaining community development, it is also well recognized for creating greater energy efficiency, reduced emissions, highly effective operations and lower energy costs to the consumer. The cogeneration of electricity and thermal energy is utilized in industrial, commercial and residential settings on a worldwide basis, and new systems are being developed all the time. Throughout Canada, district energy is being used to achieve greenhouse gas reduction goals, attract new development and leverage under-utilized resources.

Blakes lawyers have successfully advised on many of the most complex and innovative projects in Canada. As the district energy sector evolves, the Firm’s significant knowledge and expertise has enabled us to provide strategic insight and superior legal counsel to our clients virtually anywhere as needed.

Owners, operators and financiers of district energy and cogeneration facilities across North America rely on our national Power group. Blakes lawyers apply significant knowledge, experience and strength not only terms of traditional legal skills but also negotiating energy-specific purchase and sale agreements and dealing with combined heat and power (CHP), and cooling and waste heat recovery sources.

The Firm’s Power team advises on the development of district energy facilities and systems and cogeneration operations, regulatory compliance matters, environmental law, and a host of other matters impacting district energy producers and customers.

We regularly advocate for public and private power industry suppliers and customers on government policy and regulatory matters. Recognizing our unmatched skill set, Ontario Power Authority retained us to advise on the structuring of its CHP requests for proposal (RFPs) and selection process, making us uniquely qualified to guide our district-energy-provider clients in responding to RFPs.

Among the many district-energy-related matters we have handled are cogeneration projects, procurement, construction, intellectual property protection, regulatory and environmental issues impacting our clients, as well as the full range of transactional and operations matters, such as facilities management, supply and other agreements, rate negotiations and operating considerations.


Representative Matters

  • Capstone Infrastructure Corporation in respect of the C$83-million credit facilities provided to Cardinal Power of Canada, L.P. to refinance its 156 MW natural gas cogeneration facility.
  • ENMAX Corporation on matters pertaining to the development of its district energy facility/system in Calgary, Alberta.
  • An International Developer in connection with its investment in a district energy company in Montréal, including advising in connection with due diligence, long-term energy supply agreements, the fuel agreement, real estate issues and corporate matters.
  • Ontario Power Authority on the development of a province-wide 1,000 MW RFP for district energy and cogeneration projects, one of the largest solicitations of its kind in North America (CHP I) and on the development of a further RFP on similar terms (CHP II).
  • Waterfront Toronto in connection with the proposed development of a district energy system as part of the renewal of the City of Toronto’s waterfront.
  • Windsor Casino Limited and Ontario Lottery & Gaming Corporation in respect of the development of a district energy centre at Caesars Windsor, their district energy arrangements for Caesars Windsor (supplied by the Windsor Utilities Commission), and the development of an on-site cogeneration facility.
  • Sudbury Regional Hospital with respect to a cogeneration/district energy plant at the hospital, operated by Sudbury District Energy.
  • Represented various district energy customers in connection with negotiating supply agreements with local district energy suppliers.
  • Public Works and Government Services Canada in respect of certain energy supply arrangements in Ottawa, Ontario.
 

 PEOPLE

 
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Partner | Toronto
Toronto: 416-863-3156
Areas of Expertise: Public-Private Partnerships, Procurement, Corporate & Commercial, Project Finance, Construction, Gaming, Life Sciences, District Energy, Nuclear Energy
Partner | Toronto
Toronto: 416-863-2179
Areas of Expertise: Corporate & Commercial, Energy, Mergers & Acquisitions, Renewables (Wind, Solar, Hydro & CleanTech), Gaming, Infrastructure, District Energy, Transmission & Distribution
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