416.865.7832
Wind Project Experience
- 100 MW West Cape Wind Farm in Prince Edward Island (Acquisition, Financing, Sale, Assignment and Operation)
- 9 MW Norway Wind Farm in Prince Edward Island (Acquisition, Financing and Operation)
- 100 MW Caribou Wind Farm in New Brunswick (Development and Operation)
- 10 MW Mohawk Point Wind Farm in Ontario (Property Leasing on behalf of Landowners)
- Proposed 200 MW wind park in Saskatchewan (Acquisition, RFP compliance, PPA Review, Turbine Supply)
- Multiple proposed 100 MW + wind parks in Ontario (Acquisition, Development and Sale)
- Wind Farm Option, Lease and Easement Agreements (for developers and landowners)
Solar Project Experience
- Corporate and commercial structuring under Ontario’s FIT 1, FIT 2 and FIT4 Programs
- Development of behind-the-meter and storage-connected solar projects at industrial manufacturing facilities
- 600+ Solar Rooftop Leases, Easements and Licenses (for a wide variety of developers)
- Acquisition of multiple rooftop and ground-mount solar facilities on behalf of a local distribution company affiliates and private developers
- Engineering, Procurement and Construction contracts and master agreements for hundreds of rooftop and ground-mount projects
- Connection Agreements and connection disputes with various utilities
- Operation and Maintenance contracts and master agreements for hundreds of rooftop and ground-mount projects
- Metering and monitoring contracts
- Land Assembly and Broker Services Agreements (for developers)
- Development Services Agreements (for developers)
Natural Gas-Fired Generation Project Experience
- 110 MW West Windsor Power Co-Generation Facility in Ontario (Operation, Financing, PPA, Licensing)
- 50 MW Maitland Co-Generation Facility in Ontario (Operation)
- 289 MW Green Electron Power Plant in Ontario (Gas Bypass, Regulatory)
Energy Storage Experience
- Multiple battery storage, Uninterruptible Power Supply and self-generation projects and contracts for large industrial manufacturers
- Review of Global Adjustment mitigation proposals and strategies
Biomass Project Experience
- Development of proposed 10 MW Co-Generation Facility in Ontario
- Strategic advice for proposed waste-to-energy facilities in Ontario
District Energy Experience
- Development of geothermal and district energy systems for new residential, condominium and mixed use communities, on behalf of real estate developers and energy service providers
- Negotiated Heating and Cooling Services Agreements for commercial customers
- Developed and negotiated multiple Energy Service Agreements
- Drafted Residential HVAC and Water Heater Rental Agreements
- Negotiated district energy servicing and call centre arrangements
Project Development Experience
- Drafted template forms of wind park leases and easements
- Drafted and negotiated solar rooftop leases, easements and licenses
- Drafted and negotiated individual and master agreement forms of engineering, procurement and construction contracts (EPC)
- Drafted and negotiated individual and master agreement forms of equipment supply agreements
- Drafted, negotiated and reviewed Operation and Maintenance agreements (O&M) for wind, solar and co-generation projects
- Negotiated Connection Agreements with local distribution utilities
- Negotiated utility asset relocation agreements
- Structuring access arrangements for the purchase, sale, lease and development of real property interests
Power Purchase Agreement Experience
- Non-Utility Generation Contracts (NUG)
- Renewable Energy Supply Contracts (RES)
- Clean Energy Supply Contracts (CES)
- Feed-In Tariff Contracts (FIT)
- Blackstart Contracts
- Reactive Support and Voltage Control Contracts
- Demand-Side Management Contracts (DSM)
- Renewal Energy Standard Offer Contracts (RESOP)
- Renewable Energy Credit Purchase and Sale Agreements (REC)
- Green Power Retail Contracts
- Provincial Utility PPAs (New Brunswick Power, Hydro-Québec, SasPower, Nova Scotia Power, Ontario Hydro/OPA/IESO)
- Retailer Standard Form Residential PPAs
- Retailer Standard Form Commercial PPAs
- Wholesaler Standard Form PPAs
- Commercial and Industrial Customer PPAs
Gas Purchase Experience
- Gas Purchase Agreements (Negotiation, Renegotiation and Termination)
- Arbitration regarding price escalation clauses (for Gas Purchaser)
- TCPL Gas Transportation Experience (for Generators)
- Import and Export Licensing (for Generators and Traders)
- GasEDI Base Contract for Short- Term Sale and Purchase of Natural Gas
- NAESB Base Contract for Sale and Purchase of Natural Gas (and Canadian Addendum)
Steam Sale Experience
- Steam Sale Agreements (for Co-Gen Operators)
- Site Services Agreements (for Co-Gen Operators and Steam Hosts)
Renewable Energy Credit Experience
- REC Sales Agreements (for Generators and Retailers)
- ecoLogo Master License Agreement (for Wind Developers)
- GHG Credit Sales Agreements for vehicle manufacturers’ compliance with tailpipe emission standards
Financing Experience
- Acted as legal counsel to VanCity Community Investment Bank (VCIB) in connection with the project financing provided to Noventa Energy Partners for the development of the $42.9 million energy transfer project to be constructed at Toronto Western Hospital, part of the University Health Network (UHN).
- $50 million+ financing for a pool of 100+ commercial rooftop solar projects
- $30 million+ financing for a pool of 75+ commercial rooftop solar projects
- $100 million+ financing for a pool of 300+ commercial rooftop solar projects
- Revolving Lines of Credit for construction of hundreds of solar projects
- Financing for a 100 MW wind farm (Borrower’s Counsel)
- Financing for a 9 MW wind farm (Borrower’s Counsel)
- Financing for a 110 MW natural gas co- generation facility (Borrower’s Counsel)
Commodity Trading Experience
- Canadian counsel to the purchaser of a major international energy trading business
- Regularly advise US and European investment banks and energy traders on corporate, regulatory and licensing requirements with respect to launching energy trading businesses in Canada
- Import and Export Licensing for oil, gas and electricity
Project Acquisition and Disposition
- Structured and negotiated the acquisition of hundreds of solar projects and FIT Contracts
- Advised on the sale of a wind project to the Korean Consortium
- Counsel to various purchasers of wind projects, solar projects and development assets
- Acted in the start-up of a green power retail company
- Advised electricity distribution companies in connection with incorporations, sales and amalgamations
- Advised on the corporate restructuring and assignment of various power project portfolios
Regulatory
- Appointed by Prime Minister to 5-year term as a Member of the National Energy Board
- Represented electricity generator at Ontario Energy Board gas bypass and certificate hearing
- Represented industry association at multiple OEB hearings
- Represented industrial customers at OEB hearings and in utility billing disputes
- License applications and renewals
- Compliance with professional engineering and electrical safety regulations, licenses and certificates
- Consumer Protection Act compliance reviews
Project Cancellation
- Advised multiple developers and operators in the face of unilateral government cancellations of renewable energy projects
Utility Strategy
- Served on the Board of Directors of Toronto Hydro Corporation and Toronto Hydro Energy Services Inc.
