David Whelan

David C. Whelan QC

Partner

Executive Summary

David Whelan is BLG’s National Group Head, Specialized Business Law. David is also a member of the Firm’s National Management Committee and National Leader of the Oil & Gas Group. David practises in the areas of corporate commercial law and financial services, and has a broad range of experience dealing with commercial transactions and banking matters, as well as insolvency and restructuring matters. David acts for lenders and borrowers in all manner of financial services transactions, including asset-based loans, distressed lending, factoring, equipment leasing, and structured sale/leaseback transactions. David also has expertise in the area of derivatives and swap transactions, and in drafting and negotiating energy contracts in the Alberta power market.

David has been a member of BLG's National Management Committee since 2007, and from 2007-2016 he was the Managing Partner of the Firm’s Calgary office. He was also a member of BLG’s National Council from 2007-2014, and served as Chair of National Council for the 2007-2008 term.

Representative Work

  • Acted for the lead bank in a $300,000,000 syndicated-loan transaction.
  • Acted as Alberta counsel on behalf of a foreign bank in connection with a $140,000,000 financing involving Alberta-based corporations and partnerships.
  • Acted on behalf of foreign lending institutions in connection with a restructuring of indebtedness in excess of $100,000,000 with a major airline.
  • Acted as co-counsel on behalf of secured debenture holders in connection with the restructuring of $1.2 billion of indebtedness of a major real estate-based corporation.
  • Acted on behalf of the secured lender in the receivership of a public oil & gas company involving indebtedness of $120,000,000.
  • Acted on behalf of secured lenders, monitors and receivers generally in numerous corporate restructurings and receiverships.
  • Acted for a multi-national corporation in the establishment of a new manufacturing facility in Alberta, including acting as project counsel for all corporate, leasing, construction and financing work.
  • Acted for corporations and partnerships in acquisitions and dispositions involving oil & gas properties, drilling rigs, chemical plants and other businesses.
  • Acted for Owners and Buyers in relation to Power Purchase Arrangements.
  • Negotiating International Swaps and Derivatives Association (ISDA) agreements.
  • Negotiating and drafting energy contracts, including "green power" contracts and agreements for the purchase and sale of emission offsets and verified emission reductions.​

Publications & Presentations

  • Co-Chair, Insight Information Conference on Energy Contracts, 2006.
  • Author/Speaker, "Emission Reduction Credit Contracting — Emerging Systems and Issues in Contracting," Insight Information Conference, 2006.
  • Author/Speaker, "Priorities:  A Secured Lender's Guide," Canadian Institute Conference, 2000.
  • Author/Speaker, "The Effect of Insolvency on the Validity and Enforceability of Commercial Loan and Security Documentation," Canadian Institute Conference, 1995.
  • Author/Speaker, "Enforcing Security Under Part V of the Personal Property Security Act," Legal Education Society of Alberta, 1994.
  • Author/Speaker, "Technical Update," Canadian Insolvency Practitioners' Association Conference, 1994.
  • Author/Speaker, "Revenue Canada and Secured Creditors:  The Ongoing Battle for Priority," Canadian Bar Association (Alberta Branch) Conference, 1993.
  • Author/Speaker, "The Rights of Employees in an Insolvency," Canadian Institute Conference, 1992.​

Rankings & Recognitions

  • Selected by peers for inclusion in the 2018 edition of The Best Lawyers in Canada® (Banking and Finance Law).
  • Recognized in the 2016 edition of Legal 500 Canada (Energy — Oil & Gas).
  • Martindale-Hubbell® BV® Distinguished™ 4.4 out of 5 Peer Review Rated.