Wayne Fedun has practised oil and gas law in Canada and internationally since 1992. He has negotiated and prepared a variety of energy industry agreements, including joint venture agreements, project development agreements, project finance agreements, facility agreements, engineering, procurement and construction agreements, transportation agreements, marketing agreements, Canadian East Coast off-shore agreements and various South American and Central Asian agreements. These agreements related to projects ranging from several million to several billion dollars and involved conventional energy matters, heavy oil and oil sands projects, and off-shore drilling and production projects.
Mr. Fedun has extensive experience as lead counsel in large oil and gas asset acquisitions and dispositions, ranging in size from $100 million to $1.5 billion, both as stand-alone transactions and as part of securities-driven arrangements.
As a member of our Canadian banking practice group, Mr. Fedun acts as a lender and borrower counsel in connection with debt financings, being responsible for preparing and commenting on loan agreements, security documents and considering registration and priority issues. The financing transactions he has led involve various structures, including demand facilities and long-term, secured, syndicated arrangements respecting credit facilities of up to several hundred million dollars.
Mr. Fedun also has significant experience in insolvency matters, representing secured and unsecured creditors, receivers/managers and trustees in bankruptcy.
Year of call
LL.B., University of Alberta, 1991
B.A., University of Alberta, 1988
- “Good Faith and Fiduciary Obligations in the Handling of Confidential Seismic Data,” (co-author), Insight conference, 1999.
Selected client work
- QPI Energy Canada Ltd., as lead external counsel, in structuring and negotiating partnership arrangements with Direct Energy Resources Partnership in connection with the acquisition of oil and gas properties from Suncor Inc. for approximately C$1 billion
- Ember Resources Inc. and Brookfield Asset Management Inc., as lead external counsel, in the acquisition by Ember of natural gas assets from Apache Canada Ltd. for US$220 million and an equity restructuring of Ember
- Barrick Gold Corporation in its divestiture of Barrick Energy Inc. in two asset sale transactions and a corporate sale transaction for aggregate cash consideration of C$455 million and the reservation of a royalty on bitumen
- A national oil company, as lead counsel, in the structuring and negotiation of acquisition and joint venture arrangements (including both an incorporated joint venture and a partnership) with a Canadian energy company
- OPTI Canada Inc. (now CNOOC Canada Inc.), as lead external counsel, on joint venture arrangements with Nexen Inc. in the C$7 billion plus Long Lake project in northern Alberta, and all associated acquisition, joint operating, and development arrangements. Mr. Fedun also represented OPTI Canada Inc. as lead counsel in its joint venture arrangements with Nexen Inc. respecting the Cottonwood project, the Kinosis project and the Leismer project, and in the sale by OPTI to Nexen of a 15% working interest in the Long Lake, Cottonwood, Kinosis and Leismer projects, and OPTI’s operatorship of the upgrading component of each of these projects, for C$735 million
- A large multinational energy company in connection with its joint venture arrangements respecting upstream oil and gas properties and downstream pipeline and LNG facilities
- Talisman Energy, as lead external counsel, in connection with the sale of an indirect interest in the Syncrude joint venture to Canadian Oil Sands Limited for approximately C$475 million
- Brookfield Americas Infrastructure Fund L.P., as lead external counsel, in the acquisition of a 90% interest in a Canadian limited partnership with a subsidiary of Perpetual Energy Inc., which partnership operates a 40 Bcf natural gas storage facility and associated infrastructure, in a deal valued at C$90 million
Rankings and recognitions
- Canadian Legal Lexpert Directory : 2016: recommended in Energy (Oil & Gas)
Memberships and activities
- Canadian Bar Association
- Law Society of Alberta
- Instructor, “Advanced Oil and Gas Law,” Canadian Association of Petroleum Landmen, 2002, 2004, 2005
- Instructor, “Oil and Gas Law,” Canadian Association of Petroleum Landmen, 2000 and 2001
On June 20, 2016, the Alberta Energy Regulator (AER) published Bulletin 2016-16, outlining interim measures to manage the increased risk of disclaimed oil and gas properties and the associated abandonment and reclamation costs, following the recent decision of the Alberta Court of Queen’s Bench in the bankruptcy of Redwater Energy Corporation..
June 22, 2016
Wayne Fedun and Crae Garrett discussed M&A activity forecasts in the context of oil and gas prices for the natural resources sector..
April 25, 2016