Canadian Lawyer InHouse

35 CANADIANLAWYERMAG.COM/INHOUSE SEPTEMBER/OCTOBER 2018 Bankruptcy and Insolvency Act, the effect of which was to shift end-of-life obligations from licensees and their assets on to other in- dustry players — the Orphan Well Associa- tion and potentially the public. It is expected the SCC will issue its deci- sion in the case this fall. "We moved the Redwater litigation in- house for two reasons after the initial applica- tion in order to reduce our costs," says Cam- eron who has been practising in-house for about seven years. "Given the matter was so focused on our legislation and facts we knew so well, we thought we had better expertise to bring it in-house." The other aspect of the litigation process that helped Cameron and the AER was work - ing collaboratively with other parties with similar interests in the matter. In support of the AER and Orphan Well Association ap- peal, other parties intervened including the governments of Alberta, Saskatchewan, Brit- ish Columbia and Ontario, as well as environ- mental groups Ecojustice and Greenpeace, the Canadian Association of Petroleum Pro- ducers and a landowner group called Action Surface Rights Association. The Canadian Bankers Association and Canadian Associa- tion of Insolvency Restructuring Profession- als were involved in support of the position of the respondents, Alberta Treasury Branch and ATB. Patricia M. Johnston, executive vice presi- dent, law and general counsel at AER, also nominated Cameron for the award. "As evidenced by the numerous govern- ment and non-government interveners in the appeal, the Redwater decisions have im- plications beyond the oil and gas industry and beyond the province of Alberta," said Johnston in her nomination. "In fact, the case impacts all industries that may leave an environmental footprint in all provinces of Canada. If not overturned, it will only be a matter of time before other industries in other provinces use federal bankruptcy leg - islation as a means of shedding abandonment and reclamation obligations." In his nomination of Cameron and her le- gal team for the award, Bennett Jones LLP partner and co-head of litigation Ken Lenz stated: "The Supreme Court of Canada's de- cision in Redwater will have a significant im- pact on the Western Canadian economy and the law with respect to environmental liabili- ties nationwide. It is estimated that over $6 billion in liabilities could be shifted to indus- try or the public if the appeal is unsuccessful. This will have a significant impact on solvent companies and government priorities as it is a material amount in relation to the govern- ment's budget. The decision already has a significant impact on landowners, who must sometimes wait years in order for the OWA to reclaim damage to their land caused by oil and gas exploration." IH Master the law. Canada's leading law school offers a graduate degree in four unique streams: Business Law Canadian Law in a Global Context Innovation, Law and Technology Law of Leadership Apply today. Visit gpllm.law.utoronto.ca Questions? gpllm@utoronto.ca ntitled-8 1 2018-06-12 12:47 PM

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