Bryce Kustra

Bryce Kustra

Partner, Real Estate

Contact Information

bkustra@osler.com

tel: 403.260.7032 (Calgary Office)
tel: 604.692.2711 (Vancouver Office)

Office

Calgary, Vancouver

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Areas of Expertise

Bar Admission

Alberta, 2012

British Columbia, 2019

Education

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

Language(s)

English

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 law – utility/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.

  • 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

  • Delphi Energy Corp.

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

  • KPMG Inc.

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

    • 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
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  • Best Lawyers in Canada: Recognized in Real Estate Law

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

  • (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.