Energy, Projects, Environmental & Aboriginal Law Department

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What the team is known for Skilled group noted for its nationwide footprint and extensive transactional and 'dirt law' mining experience, as well as its long history in the Aboriginal law field. Advises on a wide array of litigation and consultation matters, as well as acting for business clients on commercial agreements and joint ventures with Indigenous groups. Its solid environmental department offers substantial expertise across contaminated sites management, environmental assessment and risk management, regulatory compliance and related dispute resolution. Also offers expertise in infrastructure projects and often represents authorities in municipal and provincial projects, as well as acting for sponsors and consortia in Canada and the USA. The firm hosts a robust energy practice that spans natural resources and power developments and transactions, as well as handling regulatory issues arising in the oil and gas sector.

Strengths Clients remark: "They consistently perform to the highest standards; they are meticulous, business-savvy, personable and expert advocates. We trust their advice implicitly."

Interviewees comment: "Fasken provides expert advice that is timely, professional and responsive to our needs."

Sources say: "They provide an incredible amount of support and give good strategic advice to help us move forward."

Work highlights Assisted Encana with a claim brought by Stoney Nakoda Nation concerning the transfer of petroleum and natural gas rights to Canadian Pacific Railway.

Advised the federal government and the Windsor-Detroit Bridge Authority regarding the financial close of the Gordie Howe International Bridge project.

Successfully defended CP Rail against prosecution brought against the company by the Crown under the Environmental Protection Act. The underlying claim related to allegations the client failed to report a fuel oil spill.

Notable practitioners

Brian Kelsall advises public and private clients based across the energy, oil and gas, mining, infrastructure and telecommunications industries. He acts on project finance, infrastructure development and banking and corporate finance matters in Canada, the USA and emerging markets.

Of counsel Charles Willms is recognised for his long-standing litigation and alternative dispute resolution expertise. He is active across the mining, forestry and construction industries and has appeared before the Supreme Courts of BC and the Yukon.

Ella Plotkin acts for contractors, lenders and developers, covering all components of project finance. She heads the global infrastructure and projects practice and possesses significant experience advising on international financings in a range of major regions.

Kevin O'Callaghan is head of the firm's Indigenous law group. He operates a well-respected litigation practice and recently represented Husby in successfully obtaining an injunction with regard to the blockade of a forest service road in Haida Gwaii.

The "top drawer" Peter Feldberg centres his practice on regulatory issues in the power space. He is well versed in hydro-electric projects and transmission systems throughout Western Canada. Feldberg currently serves as managing partner of Fasken.

Rosalind Cooper "inspires confidence with her depth of knowledge," report clients, who add: "She is also a pleasure to deal with." Cooper is a highly experienced environmental lawyer who frequently advises clients on a wide range of complex disputes including in relation to contaminated property and  environmental assessments.