Practice Profile
Energy & Utilities
The Ontario electricity industry has faced unique challenges and opportunities since the introduction of the Energy Competition Act, 1998. Municipalities, consumers and providers of electricity must contend with the legal issues related to a market-driven business model.
Cassels Brock has been providing legal advice to clients in the energy and electricity industries for over 30 years. Our lawyers are experienced in the corporate, commercial, regulatory, financing, tax and real property aspects of electricity law, and have substantial experience in infrastructure privatizations and developing public-private partnerships.
We were retained by the Ontario Ministry of Energy and the Ontario Ministry of Finance to advise on the Energy Competition Act.
Lawyers at Cassels Brock have assisted governments, consumers, generators, distributors, municipalities, municipal electric utilities, lenders and underwriters by providing experienced legal consultation to help them achieve their long-term commercial goals and objectives.
Our experience includes:
- Corporate governance, regulatory structure, asset transfer, employee and pension issues, delegated authority and other matters related to the electricity industry
- Incorporations, partnerships, limited partnerships and joint ventures
- Privatization and public-private partnerships
- Capitalization of appropriate business enterprises in a manner that is effective from taxation, corporate finance, legal and other business perspectives
- Equity and debt financing through private placements and public offerings
- Regulatory approvals
- Construction law advice, including contract disputes, resolution of lien problems, bankruptcy and insolvency of contractors, and claims for faulty construction
- Dispute resolution between major utility corporations through arbitration
We have acted on a wide array of electricity and energy-related projects with specific application and relevance to Ontario’s restructuring mandate, including:
- Acting for a provincial ministry of energy and ministry of finance, and a provincial financing authority, in relation to the restructuring and deregulation of a provincial hydro facility
- Acting for a syndicate of financial institutions financing and refinancing a major pulp and paper producer in Canada
- Acting for a major Canadian pulp and paper producer regarding the development of a co-generation facility in Ontario
- Acting for a major U.S. power corporation in the acquisition of a co-generation facility in Ontario
- Acting on behalf of a South American government in the privatization of power generation facilities
- Acting for a variety of financial institutions on term and operating loans for power generation (including hydroelectric) and other infrastructure-related projects located in Canada and other countries
- Acting for a syndicate of underwriters on the public financing of a major international power-generating enterprise owning and operating over 30 private power-generating facilities located in Canada and the U.S.
- Acting as counsel to a major construction company in connection with issues arising from the construction of a private hydro plant
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