Bryce Kustra

Bryce’s real estate practice in Alberta and British Columbia has two primary focuses:

1. High stakes​ commercial real estate – buying and selling properties, leasing, mortgage financing and related matters. Specialized industry specific experience includes retirement residences and pension plan real estate investments.

2. Infrastructure land lawutility/pipeline land rights, renewable facilities, telecommunication facilities, billboards. Infrastructure land law involves the unique needs of infrastructure and energy companies, including different objectives (project execution/certainty, rather than rental income), different types of land rights (larger volumes of leases, options and utility rights of way, often in rural areas, which often need to be contiguous), regulatory schemes (with the option for some utilities to expropriate), and soft skills for managing landowner relations (as a frame to how we draft documents and give advice).

In 2015-2016, Bryce completed a twelve-month, full-time secondment with the in-house legal department of a major international pipeline company.


Representative Work

  • TC Energy Corporation

    TC Energy Corporation in its $1 billion Indigenous equity ownership agreement

  • Lanfine Wind

    Pattern Energy Group LP in its 150 MW Lanfine Wind power project

  • Paintearth Wind Project LP

    Potentia Renewables Inc. and Greengate Power Corporation in connection with the financing for the Paintearth Wind Project

  • TransAlta Corporation

    TransAlta Corporation in its acquisition of 50% interest in an early-stage pumped hydro energy storage development project

  • Québecor

    Québecor and its wholly-owned subsidiary Videotron Ltd. in their $2.85 billion acquisition of Freedom Mobile Inc. from Rogers Communications Inc. and Shaw Communications Inc.

  • BluEarth Renewables Inc.

    BluEarth Renewables in its non-recourse debt financing

  • Potentia Renewables Inc.

    Potentia Renewables in five unique, long term, non-recourse project financings

  • H&R REIT

    H&R REIT in its $1.67 billion sale of The Bow Office Tower

  • Wheatland Wind Project LP

    Wheatland Wind Project in its approval for construction

  • Greengate Power Corporation

    Greengate Power Corporation in its agreement with Copenhagen Infrastructure Partners to develop Travers Solar – Canada’s largest operating solar energy project

  • Calgary Municipal Land Corporation

    Calgary Municipal Land Corporation in connection with the $550 million Calgary Event Centre

  • SemCAMS Midstream ULC

    SemCAMS Midstream ULC in its 50/50 joint venture with TransAlta Corporation to develop Kaybob South Cogen Facility

  • Clio

    Clio in its record-setting US$250 million Series D equity financing from TCV and JMI

  • Morgan Stanley

    Morgan Stanley in its acquisition of Solium Capital for $1.1 billion

  • innogy SE

    innogy SE in its decision to construct two solar projects in Canada

  • KPMG Inc.

    KPMG Inc. in connection with the receivership of Half Moon Lake Resort Ltd. and Armac Investments Ltd.

  • Delphi Energy Corp.

    Delphi Energy Corp. in its sale of common shares and offering of senior secured notes for approximately $65.3 million

  • Constellation Brands, Inc.

    Constellation Brands, Inc. in the sale of its Canadian wine business to Ontario Teachers’ Pension Plan for approximately $1.03 billion

  • H&R REIT in its $1.67 billion sale of The Bow Office Tower
  • NaturEner Canada and its subsidiaries on all land law aspects of the development of their Wild Rose 1 and Wild Rose 2 wind power projects in southern Alberta
  • Land and pipeline rights of way matters for the syndicate of underwriters co-led by Scotia Capital Inc., CIBC World Markets Inc., RBC Dominion Securities Inc. and TD Securities Inc. in the $300 million public offering of preferred shares of Kinder Morgan Canada Limited
  • Tervita Corporation in its $3.5 billion recapitalization transaction under the Canada Business Corporations Act
  • The Carlyle Group with regard to Canadian aspects of its acquisition of Arctic Glacier Group Holdings, Inc. from H.I.G. Capital
  • Northern Blizzard Resources in its $500 million initial public offering and secondary offering
  • Trident Resources Corp. in connection with various bank financings
  • Angle Energy Inc. in its proposed $576 million acquisition by Bellatrix Exploration Ltd
  • Counsel to the underwriters for Oryx Petroleum Corporation Limited’s $250 million initial public offering
  • URS Corporation in its $1.5 billion acquisition of Flint Energy Services Ltd
  • Numerous renewable energy clients in respect of site control and land law matters during rounds 1, 2 and 3 of the Alberta Electric System Operator (AESO) procurement competitions for renewable energy projects. During round 1, Mr. Kustra represented approximately 30% of the projects that qualified for the competition
  • Numerous solar energy clients in respect of site control and land law matters during the Alberta Infrastructure procurement for solar energy projects

Latest Insights

  • Osler Update Feb 29, 2024

    AUC inquiry update: Alberta to declare no-build zones and mandatory reclamation security requirements for renewable energy projects

    On February 28, Alberta announced intended changes to its electricity generation regime, including an “agriculture first” approach and buffer...

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    AUC inquiry update: Alberta to declare no-build zones and mandatory reclamation security requirements for renewable energy projects
  • Blog Sep 13, 2023

    Alberta presses ‘pause’ on renewable energy projects

    Early last month, the Government of Alberta announced that the Alberta Utilities Commission (AUC) would pause approvals on new renewable energy...

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    Alberta presses ‘pause’ on renewable energy projects
  • Osler Update Sep 13, 2023

    Alberta Utilities Commission provides update regarding inquiry into development of electricity generation in Alberta

    The Alberta Utilities Commission has released further details regarding their inquiry into renewable electricity generation.

    Read more
  • Osler Update Sep 8, 2023

    Update to the Government of Alberta pause on new renewable energy project approvals

    The Alberta Utilities Commission will continue to process renewable energy project applications up to the approval stage, outlining new interim...

    Read more
View all Insights

Awards and Recognition

  • Best Lawyers in Canada: Recognized in Real Estate Law

Media Mentions

  • Osler News Feb 16, 2021

    Osler welcomes 12 new partners and 2 new counsel in 2021

    Osler is proud to announce the addition of 12 new partners and two new counsel across five of our offices, effective March 1, 2021.

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  • Osler News Feb 5, 2020

    Osler’s Real Estate Team advises on two landmark developments in Calgary

    Osler is proud to announce that our lawyers have played a pivotal role in two of this year’s most transformational developments in the Calgary Real...

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Speaking and Writing

Published Work

  • (Co-Author), Bank error in your favour – The $900 million wire transfer mistake: Practical implications in the Canadian lending context, National Creditor Debtor Review, Volume 36, Number 2 (June 2021).
  • Presenter, Alberta Expropriation Conference, Banff – November 2016, “National Energy Board Land Acquisition Process”.
  • (Co-Author), Assignment and Sublease Negotiations, a paper presented at the Federated Press conference: 13th Commercial Real Estate Leases, Calgary, April 11 & 12, 2012.

Credentials

Education

  • University of Toronto, J.D.
  • University of Toronto, M.A.
  • University of Alberta, B.A. (Honours, First Class Standing)

Languages

  • English

Professional Affiliations

  • Law Society of Alberta
  • Law Society of British Columbia
  • Canadian Bar Association
  • Calgary Bar Association