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

  • Counsel to Agrium Inc. on its US$38-billion proposed merger of equals with Potash Corporation of Saskatchewan Inc.

  • Counsel to BCE Inc. on its C$594-million acquisition of Glentel Inc. and sale of 50 percent of Glentel to Rogers Communications Inc.

  • Counsel to Canadian Western Bank on the proposed sale of its property and casualty insurance subsidiary Canadian Direct Insurance Inc. to Intact Financial Corporation for C$197-million

  • Cenovus Energy Inc. on the proposed sale of its Suffield crude oil and natural gas operations in southern Alberta to International Petroleum Corporation for C$512-million

  • Kinder Morgan Canada Limited on its C$1.75-billion initial public offering

  • Kinder Morgan Energy Partners, L.P. on its agreement to sell its one-third interest in the Express-Platte pipeline system to Spectra Energy Corp. for C$380-million as part of a C$1.49-billion transaction

  • Nexen Inc. on its C$15.1-billion acquisition by CNOOC Limited

  • Painted Pony on its proposed acquisition of UGR Blair Creek Ltd. and respective equity financing for approximately C$100.9-million

  • Pembina Pipeline Corporation on its proposed acquisition of Provident Energy Ltd. in a transaction valued at C$3.2-billion

  • Safeway Inc. on the sale of its Canadian operations to Sobeys Inc. for C$5.8-billion

  • Counsel to Suncor Energy Inc. on its agreement to sell its Petro-Canada lubricants division to HollyFrontier Corporation for C$1.13-billion

  • The Forzani Group Ltd. on its C$771-million acquisition by Canadian Tire Corporation, Limited

  • Trican Well Service Ltd. on the proposed acquisition of Canyon Services Group Inc. for approximately C$637-million

  • Counsel to Trinidad Drilling Ltd. on its C$505-million acquisition of CanElson Drilling Inc.

  • UTS Energy Corporation on its C$1.5-billion plan of arrangement with Total E&P Canada Ltd. whereby Total will acquire UTS Energy

AWARDS & RECOGNITION

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

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

  • The Legal 500 Canada 2018 (Labour and Employment and Pensions)

  • The Canadian Legal Lexpert Directory 2017

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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