Scott H. D. Bower KC

Partner   •   Co-Head of Research + Opinions Practice

 bowers@bennettjones.com
Education
University of Calgary, BA (Hons), 1988, gold medallist
University of Toronto, LLB, 1991
Bar Admissions
Alberta, 1992
Overview

National Co-Head of the Legal Research and Opinions group, Scott Bower advises clients in complex corporate, commercial, securities and energy litigation matters. He appears before all levels of court in Canada and before administrative tribunals.

Scott's experience in dispute resolution includes assisting businesses who are contemplating or facing traditional court proceedings as well as those considering arbitration or mediation. He handles matters including energy ownership and royalty disputes before the Supreme Court of Canada and has also appeared before that court assisting clients with constitutional cases.

Scott advises police agencies on policing and administrative law and has done so for over 29 years. His clients include police services, chiefs of police, police commissions, and municipalities throughout Western Canada.

An active member of the community, Scott has served as a volunteer director and president for Calgary Legal Guidance, a charitable organization providing free legal services to the disadvantaged, a director of BlockWatch, and currently is a member of the Joint Law Society of Alberta and Canadian Bar Association Legislative Review Committee. Scott is also an Associate American Bar Association member.

Select Experience
•  Calgary Police Service, with their Freedom of Information and Protection of Privacy (FOIP) Act matters, including appearing before the Office of the Information and Privacy Commissioner of Alberta’s office on freedom of information inquiries, as well as handling FOIP-related judicial reviews and appellate proceedings before the courts.
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Heartland Generation in its C$658-million sale to TransAlta

•  Morgan Stanley, in the formation of North Haven Real Estate Fund IX.
•  Repsol S.A., in the proposed $15.1-billion acquisition of Talisman Energy Inc.
•  Anderson Energy Ltd., an Alberta-based oil and gas company, in its acquisition by Freehold Royalties Ltd. and related reorganization pursuant to a plan of arrangement.
•  Parkland Fuel Corporation, in its $110-million acquisition of all of the outstanding shares of SPF Energy Inc.
•  Glencore International, in its acquisition of all the outstanding shares of Viterra for approximately $6.1 billion by way of a plan of arrangement and the sale of certain assets of Viterra to each of Agrium and Richardson International for aggregate proceeds of approximately $2.6 billion.
•  ProspEx Resources Ltd., in its $186-million acquisition by Paramount Resources Ltd. by way of plan of arrangement.
•  Encana Corporation, which had an enterprise value of approximately US$50 billion, in its division into two independent publicly traded companies - one new Encana Corporation, an unconventional natural gas company and the other Cenovus Energy Inc. an integrated oil company.
•  Acted for successful party in a multi-million-dollar expedited arbitration involving a significant recreational resort property in the interior of British Columbia with the arbitration involving a consideration of construction delay claims as well as First Nations issues.
•  Alberta Provincial Court Judges' Association, in the Supreme Court of Canada case, in a constitutional case regarding judicial independence. Provincial Court Judges (No. 2) (1998), 155 D.L.R. (4th) 1 (S.C.C.)
•  Alberta Provincial Court Judges' Association, in the Supreme Court of Canada case, in a constitutional case regarding judicial independence. Provincial Court Judges (No. 1) (1997), 150 D.L.R. (4th) 577 (S.C.C.)
•  Luscar Coal Income Fund, in litigation related to unsolicited/hostile takeover bids involving shareholders rights plans/poison pills, and shareholder lists in connection with its $1-billion sale to Sherritt Coal Partnership, following an unsolicited takeover bid.
•  Supreme Court of Canada case concerning overriding oil and gas royalties and whether they constitute interests in land. Bank of Montreal v. Dynex Petroleum Ltd. (2002), 208 D.L.R. (4th) 155 (S.C.C.).