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Energy Litigation

Energy Litigation
Energy Litigation

Commercial disputes in the energy sector are being driven by national and international interest, intense competition and strong regulation. Canada’s strength within the sector has placed a spotlight on energy-related activity across the country, from production, transportation and marketing of oil, natural gas and electricity to federal and provincial regulation. National expertise, driven by experience in energy and natural resources, is what has secured Canada’s place as a leader within this sector.

At Blakes, our Energy Litigation group has one of the leading practices in Canada with more than 100 energy law practitioners across the country and internationally. Through strong technical expertise and client service, we work with energy-sector clients to help reduce litigation risk, explore methods of dispute resolution and litigate when appropriate. We have represented clients in different jurisdictions, at all levels of courts, in arbitrations and mediations and before provincial and national regulatory tribunals.

Our dispute resolution specialists have a thorough understanding of the energy industry, spanning all phases of the business. Specifically, we act for exploration and production companies, mid-streamers, facility and pipeline owners and operators, commodity traders, distributors of energy products, industrial users, service companies and industry financiers. We have similar knowledge of the electricity industry, having represented generators, transmission companies and local service providers.

Recent Experience
  • Suncor Energy Inc.Imperial Oil LimitedHusky Oil Operations LimitedCenovus Energy Inc. and Canadian Natural Resources Limited in a successful ruling at the Supreme Court of Canada against B.C. blocking the Trans Mountain expansion project.

  • Suncor on its hostile take-over of Canadian Oil Sands.

  • AMEC Foster Wheeler in a long litigation involving construction of a magnesium oxide plant in Jordan.

  • EPCOR Utilities Inc. and Capital Power Corporation in defence of an action to enjoin a C$3-billion transaction on the basis of deficient approval by the shareholder and the City of Edmonton.

  • Various energy companies in power purchase arrangement (PPA) disputes, including matters relating to all aspects of PPAs.

  • A major multinational energy producer in various disputes, culminating in a lengthy and successful UNCITRAL arbitration concerning foreign assets lost to warfare in the wake of uprisings in the Middle East and Africa.

  • A major multinational energy producer in a successful and groundbreaking case concerning royalty obligations and cost recovery of amounts running up to billions of dollars.

  • Dominion Exploration Canada Ltd. at trial and on appeal in a claim over ownership and alleged unitization of a natural gas well. 

  • Pembina Pipeline Corporation in the Court of Appeal of Alberta in its successful defence of a challenge to the licence authorizing its construction and operation of two pipelines from Fox Creek to Namao, Alberta.

  • The senior lenders in the receivership proceedings of Spyglass Resources Corp. (and others), Twin Butte Energy Ltd., COGI Limited Partnership and Redwater Energy Corp.

  • Jupiter Resources Inc. on its successful Canada Business Corporations Act (CBCA) reorganization proceedings.

  • The debtors in the CBCA and Companies’ Creditors Arrangement Act proceedings of Lightstream Resources Ltd., 1863359 Alberta Ltd., LTS Resources Partnership, 1863360 Alberta Ltd. and Bakken Resources Partnership.