Patrick Roche

Energy ‎

• Lead counsel in a $167CAD arbitration involving allegations of mechanical failure of a stator ‎‎(generator) in an electrical generating station resulting in a 216 day outage.
• Co-counsel in an arbitration involving allegations of corrosion-induced failure of boiler systems ‎in an electrical generating station leading to a claim of termination of the Power Purchase ‎Arrangement.
• Lead plaintiff counsel in a Court of Queen’s Bench action involving the catastrophic failure of a ‎sour gas pipeline.‎
• Lead counsel in an arbitration involving allegations of mechanical failure of generator links in an ‎electrical generating station.
• Counsel in an arbitration involving allegations of force majeure in relation to overheating of the ‎generator core in an electrical generating station.
• Counsel in an arbitration involving allegations that oil and gas drilling caused an incursion into ‎the client’s production zone.
• Advised client in relation to a claim of force majeure arising from failure of a turbine at an ‎electrical generating station.
• Counsel in an arbitration involving allegations of force majeure relating to low water conditions ‎at an electrical generating station.

Regulatory (Electricity)‎

• Lead counsel before Alberta Utilities Commission in relation to the determination of ‎appropriate line loss rates in multi-year and multi-party proceeding, including appearances ‎before the Alberta Court of Appeal.‎
• Lead counsel before Alberta Utilities Commission in relation to an application for ‎decommissioning costs of electrical generating units and mine facilities under the Power ‎Purchase Arrangements Regulation.
• Lead counsel in negotiating a settlement agreement with the Market Surveillance ‎Administrator and in proceedings before the Alberta Utilities Commission in relation to an MSA ‎investigation.
• Advising a quasi-governmental agency in connection with issues under the Alberta Public ‎Agencies Governance Act, Electric Utilities Act and all related regulations.  Conducted ‎numerous hearings before the Court of Queen’s Bench and the Alberta Court of Appeal ‎relating to jurisdictional and interpretive issues associated with the Power Purchase ‎Arrangements.‎

Securities Litigation

• Lead counsel for accused engineer in a six week hearing before the Alberta Securities ‎Commission in respect of allegations of insider trading. At issue was the materiality of the ‎preparation of reserves reports for an oil and gas entity.‎
• Lead counsel in Court of Queen’s Bench actions relating to redemption of securities (options).‎
• Co-counsel in Court of Queen’s Bench action regarding damages arising from delay in providing ‎notice for a special warrant issue; affirmed by the Alberta Court of Appeal.
• Counsel in numerous Court of Queen’s Bench applications for approval of Plans of ‎Arrangement under s.193 of the Alberta Business Corporations Act. ‎