Our Team

Lexpert/Thomson Canada's Canadian Legal Lexpert Directory 2010—Consistently recommended practitioner in energy (electricity)

Real Time News' LawDay 2009—Leading lawyer in energy/corporate law

Valerie has recently represented

• Starwood Energy Group Global and Starwood SSM1 Canada in their 2009 acquisition and financing of two 10 MW Standard Offer solar projects in Sault Ste. Marie, Ontario, which included the negotiation of the EPC contract, as well as the negotiation of the approximately C$80 million project financing
• various clients on the development and financing of renewable energy projects (wind, solar (ground mount and rooftop) and biomass) under the Ontario Power Authority’s Feed-in Tariff (FIT) Program, including domestic content requirements, aboriginal and community-price adders, and electricity regulatory requirements
• providing advice to various clients on the development of new transmission and distribution lines in Ontario, including cost responsibility and process issues
• the financial arranger and institutional lenders on a proposed C$220 million project financing of a 100 MW wind generation project in Chatham, Ontario; the project was awarded a contract from the OPA earlier this year and financial closing is expected in Q1 2010
• a major publicly traded owner, developer and operator of shopping centres across Canada on the FIT Program, and in the development and operation of rooftop solar projects
• AIM Harrow Wind Farm in its 2009 C$82 million construction financing with Manulife Financial for 39.6 MW of wind energy projects in southwestern Ontario
• AIM SOP Phase I LP on the development and financing of four Standard Offer Projects in southern Ontario; Valerie’s involvement included the negotiation of the balance of plant contract and the turbine supply agreement, and the negotiation of the C$75 million project financing with Fortis Capital
• International Power Canada (formerly AIM PowerGen Corporation) on legal and strategic issues associated with the development, financing and operation of all projects in their pipeline. Work included all legal work associated with the development, financing, construction and operation of the 99 MW Erie Shores Wind Farm, the sale of AIM’s interest to Clean Power Income Fund and various acquisition opportunities
• Renewable Energy Generation and AIM PowerGen in the 2009 C$173 million sale of AIM PowerGen to International Power
• Investec North America in the project financing of two 18 MW and 17 MW biomass facilities
• Recurrent Energy in its acquisition of 35 solar energy projects in Ontario from UPC Solar, which involved various connection-related issues with Hydro One, including timing and queuing issues arising under the Distribution System Code
• Five Nations Energy, one of the four transmitters operating in Ontario, as lead counsel in all facets of the construction and operation of a transmission line to remote aboriginal communities in northern Ontario; throughout the project cycle, provided legal and strategic advice on the initial project financing, a subsequent refinancing, and on management, corporate structuring, documentation and regulatory issues
• Canadian Wind Energy Association as lead counsel on various interventions before the Ontario Energy Board, including the IPSP Hearing and the Transmission Connection Cost Recovery Review
• Nova Scotia Power on the negotiation of multiple power purchase agreements with selected bidders in response to its Renewable 2007 RFP for 130 MW of Renewable Power
• a steam host on all commercial (including negotiation of an energy supply agreement) and real estate matters related to cogeneration facility being developed in Ontario; the mandate includes advice on the CHP II RFP
• the lenders on the C$200 million financing of its capital and supply chain fuel project in connection with the Bruce Power Nuclear Generating Station A Units; the financing was provided by The Manufacturers Life Insurance Company, Sun Life Assurance Company of Canada, The Great-West Life Assurance Company and Industrial Alliance Insurance and Financial Services
• the senior lender in the project financing of the 63 MW Kettles Hill Wind Project in Alberta
• Black & McDonald in the negotiation of the engineering, procurement and construction contract for a 191 MW wind farm in Ontario
• a potential equity investor in a 99 MW wind farm in Prince Edward Island
• the vendors on the sale of two hydroelectric facilities in British Columbia
• Independent Electricity Market Operator in the development and drafting of the wholesale electricity market rules and related documentation
• Russian Utility in its state-owned national electricity monopoly in restructuring the industry, including the design of the market model, and the drafting and negotiation of all the contractual documentation
• Canadian International Development Agency and National Governments in the Balkans; worked with SNC Lavalin in its restructuring of national electricity sectors, including advising on the establishment of a transmission company in Bosnia and Herzegovina (BiH); the development of market rules in BiH and Croatia; and the drafting of enabling legislation for BiH and Serbia
• Government of the Netherlands as senior counsel on one of the first Dutch public-private partnership projects in the drafting and negotiation of the 30-year agreement for the provision of a high-speed rail link
• Government of South Africa on the legal components involved in restructuring the South African electricity distribution industry; drafted and negotiated the enabling legislation for such a restructuring
• Hungarian Power Companies on the sale of shares in a power-generation company to a German consortium
• Hungarian State Holding Company on the privatization of Hungary’s electric utilities, which involved the negotiation documentation with potential investors and liaison with financial advisers on the tender documentation
• European Bank for Reconstruction and Development in loan transactions to a Bulgarian bank and a Hungarian bank
• World Bank
  • in its comparative study of first-instance commercial courts; which involved managing the project and co-coordinating consultants in Hungary, France, Ukraine, Germany and Quebec
  • in its judicial reform project in Ecuador, which involved assisting in developing the project’s parameters, preparing documentation and planning the project implementation

Building Capacity
MNR and Ontario Waterpower Association to First Nations

Valerie has presented at various seminars and conferences on procurement contracts, including the standard offer program and the feed-in-tariff program.

Canadian Wind Energy Association, Ontario Caucus, Steering Committee
American Bar Association