Patrick Roche

Energy

• Counsel in a CAD167 million arbitration involving allegations of mechanical failure of a stator (generator) in an electrical generating station resulting in a 216-day outage
• 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
• Counsel in a Court of Queen's Bench action involving the catastrophic failure of a sour gas pipeline
• 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)

• 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
• 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
• 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
• Counsel for multiple preferential information sharing applications before the Alberta Utilities Commission
• 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

Construction Litigation

• Counsel to a private consortium that holds a long-term P3 contract to design, build, finance, operate and maintain highway, acting for the consortium on ongoing performance and ownership issues through litigation and alternative dispute resolution
• Counsel to homeowners in multi-million dollar construction litigation involving complex geotechnical, building envelope, and insulation deficiencies
• Counsel to condominium corporation in relation to building envelope remediation workmanship issues

Commercial Litigation

• Counsel in a complex CAD50 million dispute regarding the correct interpretation of contractual provisions and the scope of indemnification in a settlement agreement and assignment agreement
• Arbitration counsel in a dispute involving interpretation of the earn-out and working capital interest provisions of a share purchase agreement, including allegations of negligent misrepresentation
• Counsel to a general partnership in relation to a dispute about the applicability of environmental indemnity provisions in commercial sale agreements
• 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