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Michael J. Flatters

Partner

403.260.0107
mjf@bdplaw.com
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Education:

Queen's University, Bachelor of Laws, 1977 Yale University, Bachelor of Arts, 1974 Bar admission: Alberta 1981 and Ontario 1979

Industries:

Aerospace, Agribusiness, food and beverage, Franchises, dealerships and distributorships, Government and Not For Profit, Oil and gas

Practice areas:

Business law, Wills and estate administration, Commercial agreements, Corporate reorganizations, Regulatory, environmental and Indigenous-Related Legal Issues, Tax litigation, Tax

Experience

Michael’s focus is on

Tax law

Income tax and excise tax aspects of domestic and international corporate reorganizations, financings and commercial transactions
Prepares and argues taxpayer's objections and appeals from domestic audits and reassessments in the Tax Court of Canada and Federal Court of Appeal
Advises on corporate compensation plans and the registration and operation of registered pension plans and charities
Advises on trust and litigation matters

Aboriginal law

Advised on tax, corporate and commercial planning associated with the negotiation and implementation of comprehensive land claim agreements and impacts and benefits agreements
Negotiated and drafted taxation, fiscal financing and own source revenue agreements on behalf of Aboriginal governments with the Government of Canada and Provincial and Territorial Governments
Advised on interpretation of Impacts and Benefits, Revenue Sharing and Royalty Agreements with Industry proponents
Advised on drafting, interpretation and administration of Trusts for settlement of Land Claim, Impacts and Benefits, Capital Monies and Commercial Settlement funds for benefit of Aboriginal beneficiaries
Structured commercial arrangements among Indigenous owned commercial entities and Aboriginal Governments and Industry proponents
Advised on behalf of Aboriginal applicants re submission of requests for Advanced Income Tax and Excise Tax Rulings with Canada Revenue Agency
Advised on behalf of Aboriginal bodies with respect to interpretation and amendments to Income Tax and Excise Tax law with Department of Finance, Canada

Community involvement

Michael is the Director of the Horne Charitable Foundation.

Professional involvement

Michael is a past general editor of Taxation and Financing of Aboriginal Businesses in Canada (Carswell).

Professional associations

Member, Law Society of Alberta
Member, Canadian Bar Association
Member, Calgary Bar Association
Member, Canadian Petroleum Tax Society
Member, Canadian Tax Foundation
Member, International Fiscal Association

Presentations

Michael has lectured and written materials for professional and trade groups primarily in relation to income tax subjects and pension investments. He has also presented at various conferences, panels, seminars, and other events, including:

Tax Developments Affecting the Purchase, Sale & Reorganization of a Business, Canadian Tax Foundation Annual Conference, November 2012
Aboriginal Business Structures, The Canadian Tax Foundation, Prairie Tax Conference, 2006
Income versus Capital Expenditures, The Canadian Tax Foundation, Prairie Tax Conference, May 2005

Representative work

Indigenous Lands Infrastructure Financing & Construction

Counsel to industry proponent on financing and construction of inland road to Northern port in Indigenous Land Claims territory.

Inuit Port Facility Sale-Leaseback Transaction

Counsel to Inuit Government and Inuit commercial trust on $60 million sale-leaseback transaction for discrete components of Mine Operator port facility.

Advisory to Indigenous Oil & Gas Limited Partnership

Counsel to sponsors of Indigenous controlled oil and gas drilling Limited Partnership.

$2 Billion Indigenous Endowment Trust Counsel

Counsel to Trustees of over $2 billion asset endowment Trusts settled for Indigenous Beneficiaries.

Indigenous Urban Resort Hotel Counsel

Counsel to Alberta First Nations Limited Partnership formed to construct and own urban Resort Hotel property.

Counsel to Indigenous Commercial Entities Across Canada

Counsel to numerous Indigenous controlled commercial entities operating in southern, coastal and northern Canada

First Nations Equity Participation Advisory

Counsel to Alberta transportation fleet operator on structure of equity participation by First Nations.

Inuit Maritime Vessel Joint Venture Counsel

Counsel to Inuit participant in $50 million Joint Venture to build and operate specialized maritime vessel fleet.

Impact and Benefit Agreements (IBA) Negotiation

Counsel to mine operators on negotiation of Impacts and Benefits Agreements with affected First Nations.

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.

Athabasca Oil Sands Corp.'s energy asset sale and joint venture

Counsel to Athabasca Oil Sands Corp. in the $1.9 billion sale of 60% interest in McKay & Dover Oil Sands assets to PetroChina International Investment Company Limited and negotiated related joint venture.

Awards

Recent honours and recognition

Recognized by Best Lawyers in Canada in Tax Law (2006-2010, 2013-2017, 2019-2026)

Named in the Canadian Legal Lexpert Directory recommended lawyer in corporate tax (2005-2010)

Publications

March 24, 2020

Distress preferred shares are an option for borrowers to avoid insolvency or bankruptcy

News

August 29, 2024