Sean Maxwell

In his practice, Sean is involved in all issues relating to pension and employee benefits plans including fiduciary duties, pension fund investments, plan terminations, ongoing plan administration and compliance issues, disputes over the use of plan assets, development and documentation of pension and employee benefit plans, and issues arising from corporate transactions and commercial insolvencies. Sean also advises on the establishment and implementation of incentive compensation arrangements, including stock option, phantom stock, share appreciation rights, deferred share unit plans, employees profit-sharing plans and supplementary retirement plans.

During the course of his legal career, Sean has twice been seconded to major Canadian financial institutions to assist with pension and benefit-related issues.

Select Experience

Recent representative transactions include advising:

Fund Experience

Various private and public sector pension plans on their private equity, real estate, hedged, fixed income and infrastructure fund investments

Various private and public sector pension plans on compliance with applicable investment rules

Various private and public sector pension plans negotiating investment manager mandates

M&A and Reorganizations

Agrium Inc. in connection with its C$1.8-billion supported funding of Glencore International plc's C$6.1-billion acquisition of Viterra Inc., and the subsequent acquisition by Agrium of Viterra's wholesale and retail Agri-products division

Counsel to Agrium Inc. on its US$38-billion proposed merger of equals with Potash Corporation of Saskatchewan Inc.

Counsel to BCE Inc. on its C$594-million acquisition of Glentel Inc. and sale of 50 percent of Glentel to Rogers Communications Inc.

Counsel to Canadian Western Bank on the proposed sale of its property and casualty insurance subsidiary Canadian Direct Insurance Inc. to Intact Financial Corporation for C$197-million

Cenovus Energy Inc. on the proposed sale of its Suffield crude oil and natural gas operations in southern Alberta to International Petroleum Corporation for C$512-million

Kinder Morgan Canada Limited on its C$1.75-billion initial public offering

Kinder Morgan Energy Partners, L.P. on its agreement to sell its one-third interest in the Express-Platte pipeline system to Spectra Energy Corp. for C$380-million as part of a C$1.49-billion transaction

Nexen Inc. on its C$15.1-billion acquisition by CNOOC Limited

Painted Pony on its proposed acquisition of UGR Blair Creek Ltd. and respective equity financing for approximately C$100.9-million

Pembina Pipeline Corporation on its proposed acquisition of Provident Energy Ltd. in a transaction valued at C$3.2-billion

Safeway Inc. on the sale of its Canadian operations to Sobeys Inc. for C$5.8-billion

Counsel to Suncor Energy Inc. on its agreement to sell its Petro-Canada lubricants division to HollyFrontier Corporation for C$1.13-billion

The Forzani Group Ltd. on its C$771-million acquisition by Canadian Tire Corporation, Limited

Trican Well Service Ltd. on the proposed acquisition of Canyon Services Group Inc. for approximately C$637-million

Counsel to Trinidad Drilling Ltd. on its C$505-million acquisition of CanElson Drilling Inc.

UTS Energy Corporation on its C$1.5-billion plan of arrangement with Total E&P Canada Ltd. whereby Total will acquire UTS Energy

Awards & Recognition

Sean has been recognized as a leading lawyer in the following publications:

Acritas Stars 2020: Independently Rated Lawyer (Nominated as a stand-out lawyer by senior in-house counsel)

The Legal 500 Canada 2020 (Pensions)

The Best Lawyers in Canada 2020 Lawyer of the Year (Employee Benefits Law)

Chambers Canada: Canada's Leading Lawyers for Business 2020 (Pensions and Benefits)

The Canadian Legal Lexpert Directory 2020 (Pensions & Employee Benefits)

Professional Activities

Sean has written articles on issues related to pension and employee benefits for many industry publications including Benefits Canada, Compensation & Benefits Update, Employee Benefits News Canada, the Lancaster House Pension and Benefits E-Bulletin and the Canadian Bar Association's National Addendum. He has also spoken at conferences and seminars across the country.

Sean presently serves as past chair of the Alberta Regional Council for the Association of Canadian Pension Management and as a member of its National Conference Planning Committee. He is also an executive of the Pension & Employee Benefits Law Section of the Canadian Bar Association's Alberta Branch.

Sean is the chair of the Board of Directors of Clear Water Academy Foundation and the Secretary of the Calgary Girls Choir Society.

Education

• Admitted to the Alberta Bar - 2010
• Admitted to the Ontario Bar - 2003
• J.D., University of Toronto - 2002
• Hon. B.A., University of Toronto - 1999