Sean Maxwell

photo of Sean Maxwell photo of Sean Maxwell

Partner

Calgary

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Year of Call: Ontario, 2003
Alberta, 2010

Overview Representative Work Awards & Accolades Associations & Memberships Education

Sean is a senior lawyer at BMKP Law practicing in the areas of pension, benefits and executive compensation law.

Sean has extensive experience with a wide range of legal issues relating to pension and employee benefit plans. 

In his practice, Sean advises on pension fund investments, plan terminations, ongoing plan administration and compliance issues, disputes over the use of plan assets, development and documentation of pension and employee benefit plans, issues arising from corporate transactions and commercial insolvencies, and adhering to fiduciary duties. 

Sean also has experience advising on the establishment and implementation of incentive compensation arrangements, including, phantom stock, stock option, deferred share unit plans, share appreciation rights, employees profit-sharing plans and supplementary retirement plans. 

Sean has been seconded to major Canadian financial institutions to assist with pension and benefit-related issues twice during his career. 

Prior to joining BMKP Law, Sean practiced in the pension group at a pre-eminent Canadian law firm.

Representative Work

  • Advised a large North American retailer of agricultural products and services in connection with its C$1.8-billion supported funding of a Swiss mining company’s C$6.1-billion acquisition of another large Canadian agricultural retailer.
  • Acted as counsel to a large North American retailer of agricultural products and services on its US$38-billion proposed merger of equals with a large Canadian mining company.
  • Acted as counsel to a publicly traded Canadian holding company on its C$594-million acquisition of a Canadian telecommunications service provider, and the sale of 50% of that company to a third party.
  • Acted as counsel to a large Canadian bank on the proposed sale of its property and casualty insurance subsidiary to a large Canadian Financial Corporation for C$197-million.
  • Advised a Canadian oil and gas company on the proposed sale of its crude oil and natural gas operation in southern Alberta to an international oil and gas exploration and production company for C$512-million.
  • Acted as counsel to one of North America’s largest energy infrastructure companies in its agreement to sell its one-third interest in a North American pipeline system to another large corporation for C$380-million as part of a C$1.49-billion transaction.
  • Advised a Canadian natural gas production company on its proposed acquisition of a petroleum refining company, and respective equity financing for approximately C$100.9-million.
  • Advised a large supermarket chain on the sale of its Canadian operations to another large supermarket chain for C$5.8-billion.
  • Counsel to a Canadian integrated energy company on its agreement to sell its lubricants division to another corporation for C$1.13-billion.
  • Acted as counsel to Canada’s largest national retailer of brand-name and private-brand sporting goods on its C$771-million acquisition by a large Canadian automotive, hardware, sports and houseware retail company.
  • Advised a large Canadian provider of oilfield services on the proposed acquisition of another Canadian oilfield service company for approximately C$637-million.
  • Counsel to a North American drilling company on its C$505-million acquisition of another drilling company.

Awards & Accolades

  • The Best Lawyers in Canada™ (2022-2024)
    Employee Benefits Law
  • The Legal 500 Canada (2021-2024)
    Pensions
  • Chambers Canada (2021-2024)
    Canada's Leading Lawyers for Business (Pensions & Benefits)
  • Canadian Legal Lexpert Directory (2020-2024)
    Pensions & Employee Benefits
  • The Best Lawyers in Canada™ “Lawyer of the Year”(2023)
    Employee Benefits Law, Calgary
  • Who’s Who Legal: Canada (2023)
    Labour, Employment & Benefits
  • The Best Lawyers in Canada™ “Lawyer of the Year”(2021)
    Employee Benefits Law, Calgary
  • Thomson Reuters Stand-out Lawyers 2021
    Independently Rated Lawyers (As nominated by senior in-house counsel)

Associations & Memberships

  • Association of Canadian Pension Management | Member, Alberta Regional Council, National Policy Committee Member and National Conference Planning Committee
  • Clear Water Academy Foundation | Past Chair, Board of Directors
  • Canadian Bar Association | Member, Pension and Benefits Law Section
  • Ontario Bar Association | Member, Pension and Benefits Law Section 
  • Calgary Bar Association 

Education

  • University of Toronto, BA (Hon.)
  • University of Toronto, JD

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Publications & Presentations

Sean has written articles on pension and employee benefit related issues for many industry publications, such as Benefits Canada, Compensation & Benefits Update, Employee Benefits News Canada, the Lancaster House Pension and Benefits E-Bulletin and the Canadian Bar Association's National Addendum. He is also an in-demand speaker and has presented at many Canadian conferences and seminars;

  • Speaker on: Regulatory Round-up and Case Law Update Webcast #5: Blakes Spring Pensions Webcast Series, June 17, 2021.
  • Speaker at: Cross-Border Executive Compensation Issues - Blakes 2Pensions Update for Multinational Employers Seminar, June 2, 2021.
  • Speaker at: Cross-Country Legal Update - International Foundation of Employee Benefit Plans Virtual Conference, May 13, 2021.
  • Speaker at: Legal Update - CPBI Southern Alberta Chapter Webinar, April 27, 2021.