A member of the firm's public markets practice group, Nick acts for public and private corporations, including oil and gas, industrial and technology clients. Nick's practice extends to private and public debt and equity offerings, domestic and international acquisitions, licence and distributorship arrangements, debt restructurings and shareholder disputes (including proxy contexts). Nick has also provided corporate and securities law support to internal corporate investigations (including investigations of options practices) and the defence of class action proceedings.
Nick acts as corporate secretary of Arriva Energy Inc. and Resonance Energy Ltd., both private oil and gas corporations, and previously served as corporate secretary of Total Energy Services Ltd., Circa Enterprises Inc., Compass Petroleum Ltd. and Voodoovox Inc., among others. In addition, Nick is a director of PetroSantander Inc., a private, Houston-based corporation engaged in oil and gas exploration and development in South America, the United States and eastern Europe.
Nick is a member of the Securities Advisory Committee of the Alberta Securities Commission.
In 2002, Nick was named one of Lexpert's Rising Stars, Canada's top 40 lawyers under 40.
•Compass Petroleum Ltd. in connection with the $97.8 million acquisition of all of the issued and outstanding shares of Compass Petroleum Ltd. by Whitecap Resources Inc.
•Total Energy Services Ltd., in connection with its reorganization, by way of plan of arrangement, into a mutual fund trust, Total Energy Services Trust.
•Doman Industries (forest products) - counsel to senior bondholder group in connection with Doman's US$1.1 billion total debt in connection with its restructuring pursuant to the CCAA.
News & Events
• Nicholas Fader, Jon Truswell and Adrienne Roy Update Quoted in the Financial Post on ASC Appeal
November 24, 2014 In the Financial Post article, ASC Seeks Leave to Appeal Insider Trading Decision, Julius Melnitzer quotes the Bennett Jones Corporate Finance Update by Nicholas Fader, Jon Truswell and Adrienne Roy.
• Gary Solway and Nicholas Fader Comment in Canadian Lawyer Magazine
In the Canadian Lawyer Magazine article, CSA Eyes Exemptions Allowing Investors to Buy Securities Without a Prospectus, writer Helen Burnett-Nichols discusses the Canadian Securities Administrators' examination of two exemptions which facilitate investors to buy securities without a prospectus as a result of a review initiated in Fall 2011; the Accredited Investor (AI) and Minimum Amount exemptions. Gary Solway comments on capital raising n Canada. Nicholas Fader also adds that, in closings involving private placements for startup oil and gas issuers, it is often the case that financings rely almost exclusively on the AI exemption.
•2007, Chambers Global: The World's Leading Lawyers for Business
Nicholas P. Fader, ranked, Up-and-Coming Individual, corporate / mergers & acquisitions
•2005, LexisNexis Martindale-Hubbell
Nicholas P. Fader, received a BV Distinguished Peer Review Rating
•2002, September 2002, Lexpert Magazine
Nicholas P. Fader, recognized as one of the Top 40 Lawyers Under 40 in Canada
• Alberta Securities Commission Applies to SCC for Leave to Appeal Insider Trading Decision in Walton
November 17, 2014 The Alberta Securities Commission (ASC) has applied to the Supreme Court of Canada for leave to appeal the August 2014 decision of the Alberta Court of Appeal (Court) in Walton v Alberta (Securities Commission), 2014 ABCA 723 - a decision that has generated considerable legal and media attention. In Walton, the Court overturned various ASC rulings with respect to the insider trading, tipping and recommending/encouraging provisions of the Securities Act (Alberta). The focal points of the ASC's leave application concern the evidence necessary to prove allegations of illegal insider trading, tipping and recommending/encouraging, and the sanctions that may be imposed by the ASC on persons found to have engaged in such conduct. Commentators have suggested that, if the Court's decision in Walton stands, the ASC's ability to prosecute future insider trading cases will be adversely affected, particularly where an individual is alleged to have recommended that another person purchase or sell securities or encouraged that person to do so.
• Unsolicited Expressions of Interest may be Material Information
August 30, 2013 The Alberta Securities Commission (ASC) has entered into a settlement agreement with Anthony Lambert, the former CEO of Daylight Energy Ltd., following allegations by the ASC that Mr. Lambert violated provisions of the Securities Act (Alberta) relating to insider trading and tipping.
• CSA Amends NI 51-101 Standards of Disclosure for Oil and Gas Activities
February 28, 2008 Recent amendments to National Instrument 51-101 Standards of Disclosure for Oil and Gas Activities (NI 51-101) clarify or streamline various provisions of NI 51-101, remove others that proved to be unnecessary or overly burdensome and introduce new requirements where industry consultation or CSA experience indicated that a need for new requirements existed.