Tommy Gelbman

• Represented a financial advisory services firm in a confidential arbitration arising from a unanimous shareholders agreement
• Represented a large, U.S.-based privately held exploration and production company in an arbitration proceeding against a major Canadian oil and gas producer in a post-closing dispute arising from a $500 million purchase and sale transaction
• Represented PetroKazakhstan in a long running dispute with Russian energy giant, Lukoil, concerning their joint ownership of JSC Turgai Petroleum, which holds significant energy assets in Kazakhstan. Osler also advised in the arbitral enforcement dispute and ultimate settlement of the Turgai ownership dispute
• Successfully defended Niska Gas Storage US, LLC, a natural gas storage operator owned by Riverstone Holdings, LLC, in an application for leave to appeal an arbitral award arising from a $1.5 billion purchase and sale transaction. Reported Decision: Alenco Inc. v. Niska Gas Storage US, LLC, 2009 ABQB 192

Tax Litigation

• Representing Wheaton Precious Metals in its pending transfer pricing appeal in the Tax Court of Canada
• Representing Murphy Oil in respect of a judicial review and statutory appeal of decisions taken by the Minister of Finance under the Offshore Area Corporate Income Tax Act
• Successfully Represented the Toronto Dominion Bank in a judicial review and statutory appeal of decisions taken by the British Columbia Commissioner of Income Tax and the Minister of Finance in respect of an annual corporate tax return. Reported Decision: TD Bank v. British Columbia (Commissioner of Income Tax) 2017 BCCA 159

Administrative and Constitutional Litigation, and Regulatory Appeals

• Successfully represented Shell Canada Limited in the defence of a statutory appeal by O’Chiese First Nation of regulatory permitting natural resource projects granted by the Alberta Energy Regulatory. Reported Decision: O’Chiese First Nation v Alberta Energy Regulator, 2015 ABCA 348 (leave to appeal to the Supreme Court of Canada denied)
• Successfully defended NOVA Gas Transmission Ltd. before the Federal Court of Appeal and Supreme Court of  Canada  with respect to two motions for leave to judicially review a decision of the Governor in Council taken under section 52 of the National Energy Board Act approving the North Montney Mainline pipeline project
• Represented Kinder Morgan Canada Inc. and Trans Mountain Canada, in the defence of multiple challenges to the proposed Trans Mountain Pipeline expansion at the Federal Court, Federal Court of Appeal, Supreme Court of British Columbia, and British Columbia Court of Appeal.
• Successfully defended Nalcor Energy in multiple challenges to the proposed Lower Churchill River hydro-electric Project in Newfoundland and Labrador, at the Federal Court of Canada, Federal Court of Appeal, Supreme Court of Newfoundland & Labrador, Court of Appeal of Newfoundland and Labrador, and Supreme Court of Canada
• Successfully defended Shell Canada Limited in respect of challenges to Shell’s proposed Jackpine Mine expansion at the Alberta Court of Appeal and the Federal Court of Canada. Reported Decisions: Métis Nation of Alberta Region 1 v. Joint Review Panel, 2012 ABCA 352 (leave to appeal to SCC denied); and Adam v. Canada (Environment), 2014 FC 1185.
• Represented Chieftain Metals in an indigenous and administrative challenge to the environmental assessment certificate granted by the B.C. Environmental Assessment office to permit operation of its mineral proportion in British Columbia. Reported Decision: Taku River Tlingit First Nation v. British Columbia (Minister of Environment) 2014 BCSC 1278
• Represented a privately-held oil and gas exploration and development company in a royalty dispute under the Indian Oil and Gas Act
• Represented Talisman, Shell Canada, TAQA North, Mancal, ConocoPhillips, and Encana in a dispute with the Sunchild First Nation over duties of consultation and the cumulative effects of energy developments

Transactional and Securities Litigation

• Representing Aspenleaf Energy in the defence of a claim by Coral Hill Energy following the termination of an Arrangement Agreement. Representing Culligan in defence of a claim following the termination of an asset purchase transaction
• Representing a public insurer in a B.C. Securities Commission investigation
• Represented former corporate directors and officers in respect of a dispute arising from a securities subscription agreement for Mongolia Minerals Corporation
• Represented Laricina Energy in a dispute with a former executive
• Represented both purchaser and vendor in both contested and uncontested Plan of Arrangement applications under the Alberta and British Columbia Business Corporations Acts, including NOVA Chemicals Corporation, AQM Copper, Mart Resources, Calvalley Petroleum, Teleflex, CanElson Drilling and PrairieSky