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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10 LEXPERT | 2018 | WWW.LEXPERT.CA Cosentino, Joseph Goodmans LLP (416) 597-4245 jcosentino@goodmans.ca Mr. Cosentino's practice focuses on construction law, contracts and com- mercial litigation. He advises owners, contractors, material suppliers and lenders on the drafting and negotiation of complex construction contracts, lien litigation, resolving disputes with respect to high-profile infrastructure and other large capital projects. He is also active in construction related insolvency proceedings. Cole, Avril Gowling WLG (416) 369-4605 avril.cole@gowlingwlg.com Ms. Cole is a partner in Gowling WLG's Mining and Energy industry groups and co-leads the firm's Africa Group. She advises international and Canadian cli- ents and has represented public and private entities, including private equity funds. Her problem-solving skills are often sought by industry for contract negotiations with governments and other regulatory authorities. Chamberlain, Adam Gowling WLG (416) 369-7223 adam.chamberlain@gowlingwlg.com Mr. Chamberlain's practice at Gowling WLG encompasses environmental, Indigenous, natural resources and other regulatory requirements for mining, energy and other large projects. He has acted for project developers, govern- ments and Indigenous organizations across Canada and in the Canadian Arctic. He is an active member of the firm's Canada North, Environmental and Indigenous Practice Groups. Carson, Lorne W. Osler, Hoskin & Harcourt LLP (403) 260-7083 lcarson@osler.com Mr. Carson, also an engineer, focuses on domestic and international project development, as well as bank and capital markets financing in the infrastruc- ture, electrical power, renewables, oil & gas, and other sectors. Carrière, Mathilde Dentons Canada LLP (514) 878-5823 mathilde.carriere@dentons.com Ms. Carrière leads the corporate and commercial law practice of Dentons' Montréal office. She is also one of the leaders of the office's infrastructure and public private partnership practice, and of the Construction group in Canada. She focuses her practice on large scale construction and infrastructure projects but has also dealt extensively with M&A and venture capital investments. Carmona, Eric Stikeman Elliott LLP (416) 869-5597 ecarmona@stikeman.com Mr. Carmona is a partner in the Real Estate Group. His commercial real estate practice focuses on real property transactions of commercial com- plexes, shopping centres, apartment buildings, hotels, retirement homes and long-term residences. His corporate commercial law practice focuses on the acquisition and/or privatization of public real estate enterprises and capital markets transactions. municipalities and Aboriginal communities to adopt the P3 model." e Bridgepoint Hospital-Don Jail P3 in Toronto's East End, Romoff points out, is an excellent example of how public and private sector stakeholders are working together to build and retrofit urban and suburban places. One feature of the 10-storey, 680,000-square-foot, state-of-the- art facility for the treatment of complex chronic diseases is the restoration and reuse of the five-level, 84,000-square-foot Don Jail, a heritage site which now houses the hospital's administration. "Cells to offices, that's how innovation works," Romoff says. In Québec, a focus has also emerged on building and repairing schools. "ere is a movement toward maintaining Infrastructure that already exists," says Clementine Sallée, a partner in Blakes' Montréal office. "at doesn't mean megaprojects, like transit, won't continue, but smaller projects are finding their own momentum." From the P3 perspective, it doesn't hurt that the federal government has taken a proactive approach, creating the Canadian Infrastructure Bank (CIB) in 2017 and funding it with $35 billion annually over the next decade. e Crown Corporation's mandate is to use federal support to attract private sector and institutional investment to new revenue- generating projects. "e CIB's participation reduces risk and gets other investors interested in revenue-generating projects, which have rarely been used in Canada, but is utilized in many other parts of the world," Romoff says. What makes the CIB even more interesting is that it will respond to unsolicited proposals. "is is novel, because historically government has never considered unsolicited proposals, preferring to initiate projects on their own," Romoff says. "Now they're not only prepared to consider unsolicited proposals, but actually encouraging them." If even government is innovating, does the private sector, especially P3 stakeholders, have any other choice? Probably not — but they're clearly rising to the challenge. LEXPERT-RANKED LAWYERS "Municipalities can tax property and impose development charges and levies, but they can't tax income. That has left 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." - Catherine Doyle; Blake, Cassels & Graydon LLP

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