Canadian Lawyer InHouse

Jun/Jul 2008

Legal news and trends for Canadian in-house counsel and c-suite executives

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FEATURE special-purpose entity," he says. Examples of multidisciplinary projects that Stuber's firm is working on include the first offshore wind farm to be pro- posed in Canada, near British Columbia, and recently completed financing on a power project in Ontario that involved lawyers from Vancouver working on the financing, credit, and security documen- tation; Calgary lawyers dealing with the lending group; and Ontario lawyers in- volved in the real estate, regulatory, and environmental issues. Don Greenfield, co-leader of the ener- gy group at Bennett Jones LLP, says that his firm has used multidisciplinary teams for energy projects for some time. With renewable energy projects, he says that things are not drastically different. In the area of project development, there is an added emphasis on regulatory approvals. "There are some new issues that obvi- ously come up: the regulatory approval process might be slightly different, there might be other considerations having to do with the reliability of the technology, if it's a technology that hasn't been com- mercially tested, that adds risk that can be partly mitigated," he says. He notes that this area is just a variation on a theme. Something that is becoming increasingly important in the current legislative context in terms of generating emissions credits and how those get dealt with, which is a new sub-area of practice that is developing, he says. With respect to renewable energy projects, lawyers are often dealing with relatively new technologies, and this is an area where energy lawyers may have to look to their colleagues in IP for advice, Greenfield says. "If, in fact, you are relying on a rela- INTRODUCTORY OFFER 1555476 DD InHs RXHLFE-05 S&R 4/24/08 3:31 PM Page 1 Try our Securities/Due Diligence Searches Give us your feedback and have Dinner on us $25 Cara Gift Certificate For complete details contact Lorie O'Sullivan by email: lorie_osullivan@dyedurham.ca or phone: 1-800-668-8208 ext 4541 Offer expires June 30th, 2008. Limit one gift per new user. yourONE source supplier for Office & Furniture Products • Corporate Promotional Products • Printing & Graphic Services Law Office Essentials • Corporate Supplies • Search & Registration Services OFFICE & FURNITURE PRODUCTS dyedurham.ca • Phone: 1-888-393-3874 • Fax: 1-800-263-2772 20 JUNE 2008 C ANADIAN Lawyer INHOUSE C E &DUR H PREFERRED SUPPLIER S A I NCE 19 9 tively new technology, one of the things, for example, will be to make sure that the project developer actually has the right to use the technology and that it's got the "All these different skill sets . . . these are things that clients need advice on, but they don't need it in isolation. They need it in a way that relates to the particular nature of a project that is a special- purpose entity." — RON STUBER, FRASER MILNER CASGRAIN LLP with Dye & Durham Search & Registration Services W e ' r e a y C a n a p d i m a n o a n M D Y 8

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