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David C. Maxwell

Partner

403.260.5741
dcm@bdplaw.com
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Education:
University of New Brunswick, Bachelor of Laws, 1992

Mount Allison University, Bachelor of Commerce, 1989

Bar admission: Alberta 1993, and England and Wales 2004 (non-practicing)
Industries:
Construction, Oil and gas, Power, Real estate, Renewables and energy transition
Practice areas:
Business law, Commercial agreements, Corporate reorganizations, Joint ventures and other business combinations, Private equity, Infrastructure and project development, Mergers, acquisitions and other strategic transactions

Experience

A significant component of David's practice is devoted to international and cross-border transactions. More specifically, David's practice encompasses the following:

  • Transactional work, including the structuring and implementation of share and asset acquisitions and dispositions, mergers, plans of arrangement, amalgamations, financings and other business transactions involving strategic investors, vendors and private equity funds
  • Formation and organization of corporations, partnerships, special purpose vehicles, joint ventures, strategic alliances and other co-ownership structures, including the preparation of shareholder, partnership and joint venture agreements and related governance documents
  • Implementation of corporate reorganizations and onshore/offshore tax efficient business structures
  • Drafting and negotiating a wide variety of corporate and commercial contracts
  • Corporate governance matters
  • Project management
  • Family enterprise matters and succession planning
  • Purchase and sale of emission offsets and credits

Professional history

Prior to joining BD&P in 2004, David worked in the corporate department of a magic circle law firm based in London, UK where his practice focused on international and cross-border commercial transactions.

Representative work

Graham Group’s acquisition of AECOM’s energy operations and maintenance business

Counsel to the Graham Group of Companies in the acquisition of the North American assets of AECOM’s Energy Operations and Maintenance Division. The acquisition positions the Graham Group as the third largest construction company in Canada and Western Canada’s largest industrial services company.

Greenfire Acquisition Corporation acquisition of Japan Canada Oil Sands Limited

Counsel to Greenfire Acquisition Corporation in its acquisition of all of the shares of Japan Canada Oil Sands Limited, which has a working interest in the Hangingstone facility in Alberta, for an undisclosed amount.

Sale of the of the 131 km Pioneer Pipeline by TransAlta Corporation

Counsel to TransAlta Corporation in connection with the sale by TransAlta and its partner, Tidewater Midstream & Infrastructure Ltd., of the 131 km Pioneer Pipeline to NOVA Gas Transmission Ltd., a wholly owned subsidiary of TC Energy Corporation, for a purchase price of $255 million.

Read Case Study

Peloton's acquisition of Cevian Technologies

Counsel to Peloton in its acquisition of Cevian Technologies, a cloud-based software company, for an undisclosed amount.

Scoular Company's sale of its edible bean business for US $25 million

Canadian counsel to the Scoular Company, a large, privately-owned US agricultural commodities trading company, in the sale of its edible bean business, which included processing plants in St. Hilaire, Minnesota, U.S.; Plum Coulee and Morden, Manitoba; and receiving stations in Garske and Grafton, North Dakota, U.S., to Cooperative Elevator Co., for approximately US $25 million.

TransAlta Corporation asset acquisition from Kineticor Holdings Limited Partnership

Counsel to TransAlta Corporation in respect of the agreement with Kineticor Holdings Limited Partnership #2 to acquire the Limited Partnership responsible for developing the Three Creeks Power Project (two 230 MW Siemens F class gas turbines and related equipment) for $84 million.

Commercial arrangements for a Dow Chemical Canada ULC cogeneration facility

Counsel to Dow Chemical Canada ULC in connection with the commercial arrangements pertaining to the cogeneration facility owned by TransAlta Cogeneration L.P and Prairie Boys Capital Corporation located on Dow's Fort Saskatchewan, Alberta site.

Daytona Power Corporation's late-stage project development financing

Counsel to Daytona Power Corporation in respect of late-stage development financing for a large scale (3,500 – 4,000 MW) offshore to onshore, high voltage direct current transmission project in California.

Daytona Power Corporation's late-stage project development financing

Counsel to Daytona Power Corporation regarding a late-stage development financing for the Blue Diamond 500MW Advanced Pumped Hydro Storage Project in Nevada.

Late-stage development financing for Daytona Power Corporation's Southern California project

Counsel to Daytona Power Corporation in respect of late-stage development financing for Phase I of the 500MW Lake Elsinore Advanced Pumped Storage Project (LEAPS) in Southern California, and for Phase II involving an additional 500MW Lake Elsinore Advanced Pumped Storage Project (LEAPS II).

Canadian Solar Inc.'s Alberta Infrastructure RFP submissions for three solar projects

Counsel to Canadian Solar in its submission of three solar projects under the Alberta Infrastructure RFP, achieving "Selected Proponent" status and being awarded a Solar Electricity Support Agreement with the Province of Alberta for all three projects.

Maxim Power Corp. converting an electric generation facility from coal to natural gas

Counsel to Maxim Power Corp., through its wholly-owned subsidiary Milner Power Limited Partnership, in the conversion of the H.R. Milner electric generation facility from coal to natural gas. We advised in connection with the on-going development and financing of a state-of-the-art 204MW natural gas-fired power plant near Grande Cache, Alberta, including the acquisition of a General Electric Frame 7 F-Class combustion turbine generator and certain related equipment from Kennecott Utah Copper LLC.

Maxim Power Corp.'s sale of a proposed wind development project

Counsel to Maxim Power Corp. in the sale of the proposed 34.5 MW Buffalo Atlee wind development project to Capstone Power Development (B.C.) Corp.

ARC Resources Ltd.'s electrification of natural gas processing facilities

Counsel to ARC Resources Ltd. in the electrification of its natural gas processing facilities in the Montney region of British Columbia through the connection to the BC Hydro transmission system.

VolkerWessels Canada Ltd. acquisition of a private construction and highway maintenance company

Counsel to VolkerWessels Canada Ltd. (Volker Stevin) in connection with its acquisition of a private construction and highway maintenance company, Lakes District Maintenance Ltd.

The Scoular Company asset acquisition from Legumex Walker Inc.

Counsel to The Scoular Company in connection with the $94 million acquisition of the assets of the Special Crops Division of Legumex Walker Inc.

Mullen Group Ltd. acquisition of Gardewine Group Limited Partnership

Counsel to Mullen Group Ltd. in the $172 million acquisition of Manitoba-based Gardewine Group.

Acquiring and financing solar projects in Alberta

Counsel to a developer in connection with the acquisition and on-going project finance of five solar projects.

TriWest Capital Partners investment in HPC Energy Services Ltd.

Counsel to HPC Energy Services Ltd. in a Plan of Arrangement whereby TriWest Capital Partners acquired a majority interest in HPC Energy Services Ltd.

CCAA proceedings concerning the disposition of a partially completed power project

Counsel to a bank in connection with the CCAA proceedings concerning Earth First Canada Inc. and the related asset disposition of a partially completed 144 MW wind-power project.

Renewable Energy program RFP response for a power developer

Counsel to a power developer in respect to the development of a wind power project and a bid in response to an Alberta's Renewable Electricity Program RFP.

Environmental and restoration matters arising from the construction of a transmission power line

Counsel to an Alberta-based power producer in connection with environmental remediation and restoration obligations arising out of the construction of a transmission power line in a National Park in conjunction with a pipeline project.

Maxim Power Corp.'s acquisition of five power facilities in the United States

Counsel to Maxim Power Corp. in connection with its acquisition of five US-based power generation facilities.

Maxim Power Corp.'s sale of Alberta power project assets

Counsel to Maxim Power Corp. in connection with the sale of the Alberta power project assets to AltaGas Pipeline Partnership.

Divestiture of interests in land development entities

Counsel to a Calgary based construction company in connection with its divestiture of its interest in a residential land development group of entities.

Acquisition of interests in a joint venture project

Counsel to a Calgary based diversified income trust in connection with its acquisition of all of the interests of an unincorporated joint venture carrying on the business of creating and managing investment vehicles for offering to the public for investment purposes.

Sale of shares in an engineering and consulting business

Counsel to the founding shareholders of a privately held Calgary based engineering and consulting services corporation in connection with the divestiture of all of their shares to a national project management and engineering services company.

Acquisition of GPS technology products business

Counsel to a Calgary based public GPS technology corporation in connection with its acquisition of the GPS aerial guidance and flow control products business from a privately held Texas corporation.

Multiple oil and gas international acquisitions and dispositions

Counsel to a Calgary based public international oilfield services company in connection with various acquisition and disposition transactions in Mexico, Libya and Brazil.

Acquisition of a pharmacy business in Manitoba

Counsel to a public Canadian pharmaceutical retailer in connection with its acquisition of the central fill and institutional pharmacy business carried on by a privately held corporation in Manitoba.

Divestiture of Dow Chemical Canada ULC assets

Counsel to Dow Chemical Canada ULC in connection with the divestiture of certain Canadian assets, including a commercial air and industrial gas separation facility and a caustic soda distribution business.

Proposed $11 billion plastics manufacturing joint venture

Counsel to The Dow Chemical Company and Dow Chemical Canada ULC in connection with a proposed (and ultimately aborted) $11 billion plastics manufacturing joint venture, known as K-Dow Petrochemicals, with Petrochemical Industries Company, a subsidiary of the state owned Kuwait Petroleum Corporation.

Negotiating agreement for Dow Chemical Canada ULC

Counsel to Dow Chemical Canada ULC in connection with the negotiation of numerous NGL and feedstock purchase and sale, transportation, storage, extraction and interconnection agreements

Acquisition of power generation facilities

Counsel to Maxim Power Corp. in connection with its acquisition of five US based power generation facilities.

Sale of power project assets

Counsel to Maxim Power Corp in connection with the sale of the Alberta Power Project assets to AltaGas Pipeline Partnership.

MEG Energy Corp.'s acquisition of an oil feedstock transportation terminal

Counsel to MEG Energy Corp. in connection with its acquisition of a partially constructed crude oil feedstock transportation terminal and other related assets.

Merger and disposition for a private equity investor in the Netherlands

Counsel to a Netherlands based private equity investor on its acquisition, and ultimate disposition, of a real property development in Alberta.

SMART Technologies Inc's acquisition

Counsel to the founding shareholders of SMART Technologies Inc. in connection with the acquisition of a 49% interest by a UK private equity fund.

Reorganizing VolkerWessels Canada Ltd.'s Canadian operations

Counsel to VolkerWessels Canada Ltd. in connection with a reorganization of its Canadian operations.

WestLB AG's Companies' Creditors Arrangement Act proceedings

Counsel to WestLB AG, a senior secured lender, in connection with the CCAA proceedings concerning Earth First Canada Inc. and the related asset disposition of apartially completed 144 MW wind-power project.

Professional involvement

Professional associations

  • Member, Law Society of Alberta
  • Member, Law Society of England and Wales (non-practicing)
  • Member, Canadian Bar Association
  • Member, Calgary Bar Association