Sean Maxwell
Partner | Calgary
Calgary: 403-260-9793

In his practice, Sean is involved in all issues relating to pension and employee benefits plans including fiduciary duties, pension fund investments, plan terminations, ongoing plan administration and compliance issues, disputes over the use of plan assets, development and documentation of pension and employee benefit plans, and issues arising from corporate transactions and commercial insolvencies. Sean also advises on the establishment and implementation of incentive compensation arrangements, including stock option, phantom stock, share appreciation rights, deferred share unit plans, employees profit-sharing plans and supplementary retirement plans.

During the course of his legal career, Sean has twice been seconded to major Canadian financial institutions to assist with pension and benefit-related issues.

SELECT EXPERIENCE

Recent representative transactions include advising:

Fund Experience

  • Various private and public sector pension plans on their private equity, real estate, hedged, fixed income and infrastructure fund investments
  • Various private and public sector pension plans on compliance with applicable investment rules
  • Various private and public sector pension plans negotiating investment manager mandates

M&A and Reorganizations

  • Agrium Inc. in connection with its C$1.8-billion supported funding of Glencore International plc's C$6.1-billion acquisition of Viterra Inc., and the subsequent acquisition by Agrium of Viterra's wholesale and retail Agri-products division
  • Safeway Inc. on the sale of its Canadian operations to Sobeys Inc. for C$5.8-billion
  • Pure Energy Services Ltd. on its C$268.5-million acquisition by FMC Technologies, Inc.
  • Nexen Inc. on its C$15.1-billion acquisition by CNOOC Limited
  • CEDA International Corporation on the sale of its Canadian, U.S., and Trinidadian Catalyst Services Business to Clean Harbors, Inc.
  • Denison Mines Corp. on the sale of its U.S. mining division to Energy Fuels Corp. valued at C$83-million and related capital reorganization
  • Pembina Pipeline Corporation on its proposed acquisition of Provident Energy Ltd. in a transaction valued at C$3.2-billion
  • The Forzani Group Ltd. on its C$771-million acquisition by Canadian Tire Corporation, Limited
  • UTS Energy Corporation on its C$1.5-billion plan of arrangement with Total E&P Canada Ltd. whereby Total will acquire UTS Energy
  • Oakville Hydro Corporation on the sale of its wholly owned subsidiary, Blink Communications Inc., to Rogers Communications Inc.
  • Ericsson on its US$1.13-billion acquisition of substantially all of Nortel's CDMA business and LTE assets in North America
AWARDS & RECOGNITION

Sean has also been recognized as a leading lawyer in the following publications:

  • Chambers Canada: Canada's Leading Lawyers for Business 2018 (Pensions and Benefits)

  • The Canadian Legal Lexpert Directory 2016

PUBLICATIONS
Show Past:
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Co-author: Ontario Court of Appeal Addresses Interplay of SERP Entitlements and Grow-In Benefits
Legal Insights, Best Lawyers, Global Business Edition, pp. 8-11, December 2016.
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PROFESSIONAL APPEARANCES
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Speaker: Delivering Clear & Comprehensive Pension Communications
Canadian Pension & Benefits Institute Southern Alberta Professional Development Lunch, Calgary, Alberta, November 19, 2015.
Speaker: Pension & Benefit Issues in M&A Transactions
Pension & Benefits Law-South, Canadian Bar Association Alberta Branch, Calgary, Alberta, January 7, 2015.
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