Chidinma B. Thompson

Chidinma B. Thompson: Attorney with Borden Ladner Gervais LLP

Biography

Executive Summary

Chidinma Thompson is a partner in our Commercial Litigation Group in our Calgary office. Chidinma practices commercial litigation, arbitration, project regulatory approval and compliance advisory. Her practice focuses on oil and gas, energy including electricity and renewable facilities, environmental law, climate change compliance, municipal law and land development. She has experience in regulatory hearings before the Alberta Energy Regulator and its predecessors, Alberta Utilities Commission, and the Calgary Subdivision and Development Appeal Board. She does both trial and appellate work and has appeared before the Alberta Provincial Court, Court of Queen's Bench and the Court of Appeal.

Chidinma has taught various law courses at the University of Calgary Faculty of Law, and Environmental Law in the Energy Sector at the Haskayne Business School's Masters Program on Sustainable Energy Development. She frequently writes in her areas of practice and publishes in law journals, book chapters and blogs. She is a contributor to Canadian Environmental Law (LexisNexis Butterworths Loose-leaf publication). She regularly speaks at various law conferences. Prior to joining BLG in 2009, Chidinma practised with an international oil & gas law firm in Lagos, Nigeria. As well, she has been a legal research associate with various Canadian Institutions and law firms.

Chidinma's oil & gas litigation practice involves a wide variety of complex disputes arising out of oil and gas operations including purchase and sale of assets, various types of royalties and interest in land issues, mineral rights and tenure disputes including termination of leases, offset obligations, farmouts, rights of first refusal, caveats, joint ventures, operating and various forms of participating agreements, seismic and other licence agreements, plant operation and processing agreements, fracture stimulation, subsurface trespass and split-title conversion claims.

Her energy (oil and gas, electricity, renewables) regulatory and aboriginal law practice involve compliance advisory and regulatory proceedings relating to all aspects of energy project approval including statement of concerns, standing, consultation, aboriginal and Metis duty and adequacy of consultation, confidentiality of information, information requests and responses, environmental impact assessment, reconsideration of decision and regulatory appeals. She assists clients in obtaining and maintaining Crown mineral rights and tenure, applicable royalty frameworks and deductions, applying and opposing well, pipeline and facility licenses, exploration approvals, underground storage reservoirs, processing plant and large facility approvals, oil sands schemes and infrastructure, pooling and unitization, off-target, pool delineation, trespass and equity issues, shut-ins and suspensions, surface rights, Rights of Entry, volumes and reporting requirements, pipeline tariffs and tolls, Liquefied Natural Gas export applications, Licensee Liability Ratio compliance and management, orphan facilities and recovery from the orphan fund, and license transfers (including Regulator Directed Transfer process). She also assists electricity clients with generation/transmission facilities and associated infrastructure regulatory proceedings.

In her environmental law and climate change practice, Chidinma assists clients in a wide variety of sectors including clients in energy, oil and gas, automobile, municipalities, real estate, public utilities, land developers and financial institutions, on compliance advisory, regulatory and litigation matters. Her environmental law practice includes project approval under provincial and federal environmental legislation, spill and release of substances, contaminated sites liability and management, sale/purchase and redevelopment of brownfields, remediation and reclamation applications, directors' and officers' environmental liability, environmental liability in insolvency, and water licence and transfer proceedings. Her climate change practice includes compliance advisory on federal and provincial greenhouse gas emissions reduction requirements, as well as various renewable energy facility approval applications including bio-mass.

Her litigation practice covers a broad range of complex litigation, including Class Action, on such matters as commercial contract disputes, bankruptcy, insolvency and restructuring, franchises, gift card regulation and consumer protection disputes, defamation and media disputes, manufacturer's liability, shareholder litigation including derivative, oppression and options back-dating claims. She acts for directors and officers of private and public corporations and advises boards and their committees on governance and litigation matters. She also litigates estate, trust and beneficiary disputes.

She has been on various high-profile bankruptcy and insolvency matters representing and advising receivers, chief restructuring officer, monitors, trustees in bankruptcy and creditors in receiverships, bankruptcies and restructurings pursuant to the Companies' Creditors Arrangement Act.?

Community Involvement

•Volunteer Judge for University of Calgary Trial Advocacy/Dispute Resolution III Course - Calgary Courts Centre, 2015-2017
•Volunteer Judge American Bar Association Law Students Negotiation Competition 2015/16
•Evaluator Oral Advocacy CPLED Program - Legal Education Society of Alberta (LESA)
•Volunteer Legal Advisor, Children's Legal and Educational Resource Centre (CLERC), 2009-present
•Volunteer Small Claims Duty Counsel, Provincial Court of Alberta Pro Bono Law Alberta, 2011-2016
•Volunteer Legal Advisor, Calgary Legal Guidance, 2012-present
•Volunteer Amicus Curiae, Court of Queen's Bench Alberta, Pro Bono Law Alberta, 2013-present
•Mentor - Canadian Bar Association mentorship program, 2013 to present
•Mentor - Student Legal Assistance (SLA) program 2016-present?

Publications & Presentations

•Co-Author, Regulating in the Green Era: the AER Rules Land Disturbance Not Justifiable by Short-term Economic Advantage of New Pipeline ?, The Resource: BLG Energy Law Blog, April 16, 2017?.?
•Guest Lecturer, “Climate Change Policies and Energy Development in Canada: Challenges and Opportunities,” University of Alberta Law School, April 6, 2017
•Author, The Alberta Energy Regulator Prescribes the 2017/18 Orphan Fund Levy and Accepts New Information that Improves LLR Calculation?, The Resource: BLG Energy Law Blog, February 26?, 2017?.
•Speaker, North American Environment, Energy & Natural Resources Symposium, University of Houston Law Center Houston, Texas, February 23-24, 2017
•Co-Author, Alberta Utilities Commission Rules on the Scope of Evidence required by First Nations and Metis on Notice of Constitutional Question and the AUC's Jurisdiction to assess Crown Consultation, The Resource: BLG Energy Law Blog, February 21?, 2017?.?
•Co-Author, Alberta Court of Queen's Bench Confirms the Scope of Procedural Fairness and Evidence to Trigger Alberta Crown's Duty to Consult in Resource Development Applications? ?, The Resource: BLG Energy Law Blog, February 20?, 2017?.?
•Co-Author, Gross Overriding Royalty Interests Not Interest In Land Absent Clear Language, The Resource: BLG Energy Law Blog, January 26, 2017?.?
•Co-Author, 2016 Year in Review: Top 10 Regulatory Decisions and Trends of Import to the Canadian Energy Industry, The Resource: BLG Energy Law Blog, January 17, 2017?.?
•Co-Author, 2016 Year in Review: Top 10 Judicial Decisions and Trends of Import to the Canadian Energy Industry, The Resource: BLG Energy Law Blog, January 12, 2017?.
•Co-Author, 2016 Year in Review: Top 10 Legislative, Regulatory and Policy Changes and Trends of Import to the Canadian Energy Industry ?, The Resource: BLG Energy Law Blog, January 8, 2017?.?
•Co-Author, The Limits of Ultra vir?es, Interjurisdictional Immunity and Cooperative Federalism in Interprovincial Pipeline Approvals: Application of Rogers Communications Inc v Chateauguay (City) 2016 SCC 23 ?, The Resource: BLG Energy Law Blog, December 29, 2016.
•Co-Author, Alberta Government Introduces Legislation Mandating Cap on Greenhouse Gas Emissions from the Alberta Oil Sands, The Resource: BLG Energy Law Blog, November 20, 2016.?
•Co-Author, Is The Play Still The Thing? - The Status of Play-Based Regulation In Alberta, The Resource: BLG Energy Law Blog, October 23, 2016.?
•Co-Author, The New Federal Carbon Pricing Policy - Roadmap to a Pan-Canadian Energy Strategy? The Resource: BLG Energy Law Blog, October 18, 2016.
•Speaker, International Bar Association Conference, Washington Marriott Wardman Park Washington DC, September 18-23, 2016?.
•Co-Author, Precautionary Tale? BC Environmental Appeal Board Says “Polluter-pays” and “Precautionary” Principles not Applicable to the Permitting Process Under the BC Environmental Management Act ?, The Resource: BLG Energy Law Blog, July 3, 2016.?
•Co-Author, The Alberta Energy Regulator Reacts to the Redwater Decision - Who Suffers ? The Resource: BLG Energy Law Blog, June 20?, 2016.?
•Co-Author, Where do we go from here? Alberta Court approves renouncement of AER-licensed assets by Trustees and Receivers to avoid monetary environmental obligations, The Resource: BLG Energy Law Blog, May 26, 2016.?
•Co-Author, Licensee Liability Ratings and Stakeholder Exposure in Insolvency? ?, The Resource: BLG Energy Law Blog, April 27, 2016.
•Panelist, “ Global Trends and Challenges affecting the Future of the Legal Profession, ” 7th International Bar Association World Women Lawyers' Conference, Berlin, Germany, 7-8 April 2016.
•Co-Author, From Social License to Class Action - Climate Change Litigation has come to Canada, Project Proponents Beware? ?, The Resource: BLG Energy Law Blog, March 22, 2016.
•Co-Author, Alberta Energy Regulator Implements the Final Phase of the LLR Program Changes, The Resource: BLG Energy Law Blog, June 18, 2015.?
•Profiled, From Lagos to Canadian Energy Law, Chidinma Thompson Has Come a Long Way, Alberta Oil, August 7, 2015.
•Speaker, Remediation of Contaminated Sites and Wells, Environmental Law & Regulation in Alberta, June 2-3, 2015.
•Speaker, Environmental Law in the Energy Sector - BLSA 24th Annual Conference held on February 19-22, 2015, Montreal, Quebec.?
•Co-Author, Alberta Energy Regulator Confirms that an Unsuccessful Applicant Cannot Seek a Regulatory Appeal of Denied Application, The Resource: BLG Energy Law Blog, April 1, 2015.
•Co-Author, Vertical Compulsory Pooling of Oil and Gas Resources Appears to be Available in Alberta, The Resource: BLG Energy Law Blog, September 12, 2014.
•Profiled, First YWE Awards recognize emerging female leaders in oil and gas, Oilweek, January 8, 2014.
•Profiled, High energy education approach paying off with PhD for lawyer, The Lawyers Weekly, November 29, 2013.
•Profiled, Calgary lawyer's PhD calls for infrastructure-related reforms in oil and gas?, Canadian Lawyer Magazine, September 18, 2013.
•Profiled, Law school marks historic day with first ever PhD thesis defence, UToday, University of Calgary, September 18, 2013.
•Author, Making Federalism through Law: Regulating Socio-economic Challenges of Energy Development, a Case Study of Alberta's Oil Sands and the Regional Municipality of Wood Buffalo, PhD Thesis.
•Author, “The Changing Legislation and Regulation of Carbon Capture and Storage: Impacts on Purpose, Policy, and Projects,” 49 Alberta Law Review 305, 2011.
•Author, “Legal Authority for Market-Based Instruments in Municipal Environmental Regulation in Alberta, Ontario, British Columbia, and Nova Scotia,” unpublished research paper, year.
•Author, “Alberta's Approach to Local Governance in Oil & Gas Development,” 48 Alberta Law Review 55, 2010.
•Author, “Federal Regulatory Controls,” Canadian Environmental Law, 2nd Edition, Vol. 1, R. Cotton and A.R. Lucas, eds., LexisNexis, 2009?.
•Author, “Heavy Duty Transition Fuels: Oil Sands, Oil Shale and Heavy Oil,” Beyond The Carbon Economy, D.N. Zillman et al. eds., Oxford University Press, 2008.
•Author, “Model Agreements for Joint Development: A Case Study,” Journal of Energy and Natural Resources Law, Vol. 25, February 2007.
•Author, “Joint Development: An Alternative Legal Approach to Oil & Gas Exploitation in the Nigeria-Cameroon Maritime Boundary Dispute?,” International Journal of Marine and Coastal Law, Vol. 21, December 2006.
•Author, Oil & Gas in the Nigeria/Cameroon Maritime Boundary Dispute - An Alternative Legal Approach, LLM Thesis (unpublished), University of Calgary Law Library, July 2006.

Rankings & Recognitions

•Recipient, Women in Law Leadership Award? (WILL) for Tomorrow's Leader, 2015.
•Recipient, Young Women in ?Energy Award (YWE) Award, 2014.
•Profiled, From Lagos to Canadian Energy Law, Chidinma Thompson Has Come a Long Way, Alberta Oil, August 7, 2015.
•Profiled, First YWE Awards recognize emerging female leaders in oil and gas, Oilweek, January 8, 2014.
•Profiled, High energy education approach paying off with PhD for lawyer?, The Lawyers Weekly, November 29, 2013.
•Profiled, Calgary lawyer's PhD calls for infrastructure-related reforms in oil and gas, Canadian Lawyer Magazine, September 18, 2013.
•Profiled, Law school marks historic day with first ever PhD thesis defenc e, UToday, University of Calgary, September 18, 2013.?

Areas of Practice (12)

  • Corporate Commercial Litigation and Arbitration
  • Regulatory and Project Approval Litigation and Arbitration
  • Energy
  • Oil and Gas
  • Electricity Markets
  • Environmental
  • Environmental Law
  • Climate Change
  • Aboriginal Law
  • Bankruptcy, Insolvency and Restructuring
  • Municipal Law and Other Government
  • International Trade Litigation and Arbitration

Education & Credentials

Contact Information:
403.232.9666  Phone
403.266.1395  Fax
www.blg.com
Law School Attended:
University of Calgary, PhD in Law, 2014; University of Calgary, LLM, 2007; University of Nigeria, LLB, 2000
Year of First admission:
2002
Admission:
2002, Nigeria; 2010, Alberta
Memberships:

Professional Involvement

•Member, Canadian Bar Association (Environmental, Natural Resources, Civil Litigation, Administrative Law, Municipal, and Business Law Sections),
•Member: Calgary Bar Association, International Bar Association and Nigerian Bar Association
•Member, Law Society of Alberta
•Member, Young Canadian Arbitration Practitioners
•Member, Environment and Natural Resources Committee, Calgary Chamber of Commerce
•Member, Young Women in Energy
•Member, Association of Women Lawyers?

Reported Cases:
Representative Work: Major Litigation Work; Talisman Energy Inc v Esprit Exploration Ltd, [2013] AJ No 202 (QB) [dispute over ownership and environmental liabilities associated with sour gas processing plant].; Toyota Tsusho Wheatland Inc v Encana Corp, 2016 ABQB 209 [litigation and arbitration related to alleged breach of oil & gas joint venture agreement involving significant oil & gas interests].; Metcalfe v. Yamaha Motor Powered Products Co. Ltd. 2012 ABCA 240 [litigation on product liability matters and procedural issues relating to the Hague Convention].; Pender v. O'Connor, 2014 ABQB 564 [estate and trust litigation matter].; Penn West Petroleum Ltd. [shareholders' derivative and oppression action].; Signalta Resources Ltd. [various oil and gas matters, including split-title].; Receiver of Three Sisters Mountain Village ULC, a resort property development company with extensive holdings in Canmore, Alberta [various aspects of receivership proceedings].; Chief Restructuring Officer of Liberty Crossing Limited Partnership, Spruce Ridge Estates Inc. and related real estate entities [various restructuring matters under the Companies' Creditors Arrangement Act including caveat removal proceedings].; Major Energy and Environmental Regulatory Work; In the matter of Kallisto Energy Corp. Application for a Well Licence Crossfield East Field, 2012 ABERCB Decision 005 [well licence application in proximity to underground gas storage reservoir].; Western Alberta Transmission Line Project (WATL) - AUC Decision 2012-327 [approval of an HVDC transmission line designated as Critical Transmission Infrastructure between Edmonton and Calgary, Alberta, including the environmental impacts, participant involvement program and aboriginal consultation].; Re Alberta Oilsands Inc. Clearwater West LP-SAGD Pilot Project, Athabasca Oilsands Area, ERCB Application No. 1642894 [oil sands pilot scheme project approval involving federal and municipal jurisdictions].; Re Pengrowth Energy Corporation Lindbergh SAGD Expansion Project, OSCA Application No. 1784285 [oil sands commercial scheme expansion project approval].; Regulatory Appeal Request by Nexxtep Resources Ltd.'s - Decision to Deny Compulsory Pooling Application No. 1782298, re-issued January 19, 2015; Re: TransCanada Pipelines Limited Application for Approval of Tariff Proposals (RH-001-2013) [Review and Variance Application, Compliance Filing].; Pacific Northwest LNG Ltd. Application for LNG Export License pursuant to Section 117 of the National Energy Board Act. [LNG Export License approval].; Sunshine Oil Sands Ltd. [various aspects of its oil sands project development].; Advised oil and gas clients on environmental assessment under the Mackenzie Valley Resource Management Act and submissions for proposed Regulatory amendments by Aboriginal Affairs and Northern Development Canada ( AANDC ).; Assisted developer clients with water license purchase and transfers and other environmental applications in relation to land and resource development.; Assisted developer clients with sale/purchase of brownfield for redevelopment and dealing with contamination.; Assisted with municipal-owned utility company in utility rate proceedings before the Alberta Utilities Commission.; Assisted municipal-owned utility company in non-regulated environmental matters, including Waste Management and Recycling Bylaws and new Waste and Recycling Facilities.; Advised financial institution in lender environmental liability matters.?
ISLN:
921822736

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Calgary, Alberta

  • Calgary, AB
    Centennial Place, East Tower , 1900, 520 - 3rd Avenue S.W.
    Calgary, AB T2P 0R3
     Canada

    403.232.9666 Phone

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