Lexpert Special Editions

Special Edition on Infrastructure 2018

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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WWW.LEXPERT.CA | 2018 | LEXPERT 9 Card, Duncan C. Bennett Jones LLP (416) 777-6446 cardd@bennettjones.com Mr. Card leads complex infrastructure ventures globally, including intelligent infrastructure, energy, airports, related complex concession and outsourcing service transactions and public sector modernization projects. He led the 30 year Bermuda airport redevelopment project, nominated as the world's "Best Transit Project" for 2018 and which won North America Airport Deal of the Year for 2017. Bursey, David W. Bennett Jones LLP (604) 891-5128 burseyd@bennettjones.com Mr. Bursey's regulatory practice focuses on natural resource development and infrastructure, environmental assessment, water resource management and Aboriginal law. He advises natural resource industry clients, First Nations and government agencies. Brown, Darryl J. Gowling WLG (416) 369-4581 darryl.brown@gowlingwlg.com Mr. Brown's practice focuses on infrastructure, P3 and construction law. He drafts and negotiates project agreements, construction contracts, operating agreements and other contracts, and regularly represents sponsors, operators and design builders. Brindle, QC, Derek A. Singleton Urquhart Reynolds Vogel LLP (604) 682-7474 dbrindle@singleton.com Mr. Brindle has represented clients in construction and commercial litigation for over four decades and he is now focusing his practice in the area of alter- nate dispute resolution, acting as a mediator and arbitrator. His training and expertise are the foundation of his ADR practice as a Construction and Commercial Mediator. Bright, Denise D. Bennett Jones LLP (403) 298-4468 brightd@bennettjones.com Ms. Bright's practice focuses on corporate debt including secured, cross- border, syndicated and bilateral credit agreements, bonds and notes across a variety of industries, including electricity, generation, renewables, LNG, infrastructure and oil & gas. Her experience includes guarantees, consents, intercreditor arrangements, project and structured finance. She is called in Alberta and BC. Braul, Waldemar Gowling WLG (403) 298-1039 wally.braul@gowlingwlg.com Mr. Braul is one of Western Canada's most highly regarded energy, Indigenous law and environmental lawyers. He advises and litigates on projects including oil & gas production, pipelines, LNG, oil terminals, marine shipping, shale gas fracking, water, contaminated sites, mines, Fisheries Act prosecutions and Indigenous law issues. He also holds a master's degree in urban and regional planning. been in social Infrastructure, particularly in the health care space," Romoff says. "We are now seeing a shi towards large, urban transportation as the busiest asset class and growth area." Transit, of course, is key to Infrastructure planning and development because of population growth, and critical to the phenomenon known as "compact development," which dominates government thinking these days. Compact development aims for a more efficient use of land through higher-density development or redevelopment such as infill or brownfield projects. e benefits of compact development are said to include reducing sprawl, reducing the need for private transportation, encouraging people to walk, and increasing efficiency in delivering urban services. "Practically speaking, compact growth means lower costs on water, sewer, electricity and roads because these services will traverse shorter distances," Romoff says. "is means that there are untapped opportunities in the municipal sphere." As Catherine Doyle, a partner in Blake, Cassels & Graydon's Toronto office, points out, Infrastructure gap reports point to municipal services as most wanting. "Municipalities can tax property and impose development charges and levies, but they can't tax income," she says. "at has le them hamstrung for a long time, but they're starting to realize that P3s — especially revenue- based models — are one way in which they can begin bridging the gap." e upshot is that municipalities, which are receiving many of the benefits of these projects, are increasingly involved from the outset. "ey're not only having input into the project, they are actually participating in the development," says Sean Muggah, a partner at Borden Ladner in Vancouver. Compact development also embraces the validation of suburbia as a place to live and work. "What Metrolinx [the Crown agency that manages and integrates road and public transport in Ontario's Golden Horseshoe region] is doing, for example, can be transformative to suburbia because it envisages point-to-point commuting not only to and from Toronto but to and from areas outside Toronto," Doyle says. As Romoff sees it, Infrastructure can be leveraged to support compact development. Indeed, much compact development is possible because smaller P3 projects are becoming ever more viable. "ere are some 40 to 80 municipalities working on downsized P3s, and we're going to see more of them because we now have the expertise and the models that are necessary to achieve that," says David Kauffman, counsel at De Grandpré Chait LLP in Montréal. "It's a fairly new phenomenon that's about five years old, and it's being driven by the federal government encouraging provinces, LEXPERT-RANKED LAWYERS

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