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 21 Howe, Robert Goodmans LLP (416) 597-5158 rhowe@goodmans.ca Mr. Howe practises infrastructure, administrative and regulatory law, empha- sizing on municipal and land development matters. He focuses on all aspects of land development for private and public sector clients throughout Ontario, especially the financial aspects of land development, including the financing of significant public infrastructure projects and development charge matters. Holder, Faithe H. Gowling WLG (416) 369-7113 faithe.holder@gowlingwlg.com Ms. Holder is a partner in the firm's Real Estate and Financial Services Department, based in the firm's Toronto office. She focuses her practice in infrastructure/P3, commercial real estate and construction law. Helmstadter, Jane C. Bennett Jones LLP (416) 777-7470 helmstadterj@bennettjones.com Ms. Helmstadter acts for real estate, natural resources and renewable energy clients in domestic and cross-border transactions. She advises on matters related to real estate: acquisition/disposition, financing and structure of ownership vehicles. She assists clients in transactions involving office, retail & industrial property, multi-family residential developments and renewable energy projects. Haythorne, John S. Dentons Canada LLP (604) 691-6456 john.haythorne@dentons.com Mr. Haythorne is the Vancouver lead and National Co-Chair of Dentons Can- ada's Infrastructure and PPP group. He practises in the areas of construction, engineering and infrastructure. He is particularly experienced in public- private partnerships, advising owners on the structure and administration of procurement and legal issues relating to design and construction. Harricks, Paul H. Gowling WLG (416) 369-7296 paul.harricks@gowlingwlg.com Mr. Harricks leads the Energy Industry Group at Gowling WLG. His trans- action-based practice embraces infrastructure, energy and project finance. He acts for Canadian and international corporations, funds, governments and financial institutions. He has worked on a wide range of infrastructure projects in Canada, the United States, Europe and the Middle East. Hankinson, QC, Stuart B. Bennett Jones LLP (604) 891-5188 hankinsons@bennettjones.com Mr. Hankinson's practice is focused on complex construction, commercial and insurance dispute resolution. He is called upon by owners, developers, EPC & EPCM contractors, design-builders, design professional, construction insurers, and construction & project managers to mitigate and manage disputes. He also acts as a member of Dispute Adjudication Boards (DAB) and Dispute Resolution Boards (DRB). LEXPERT-RANKED LAWYERS Canada is among the world leaders in Public- Private Partnerships (P3s), and lawyers who act for Canadian project developers or large construc- tion companies on these and other Infrastructure projects say their clients do a significant amount of work on US and cross-border projects. And they watched with trepidation as US President Don- ald Trump made daunting comments about trade with Canada. When the US and Mexico reached a trade agree- ment centred mainly on manufacturing, it must have made Canadian Infrastructure clients even more worried. In late August, the US and Mexico agreed on a 16-year deal — with an option to revisit in six years and extend for another 16 — that would increase the percentage each car that must be made in the US to qualify for duty-free treatment to 75% from 62.5%. e agreement also stipulates that a significant portion of each vehicle made in Mexico be made by workers making at least US$16 an hour. Even if Canadian and American negotiators manage to reach a deal soon, the details will take months to work out. Canadian Infrastructure lawyers told Lexpert of the impact of this political context on their cli- ents: "What parties are facing when they look at cross-border Infrastructure projects and what will happen with NAFTA is uncertainty," says Ella Plotkin, who heads the Infrastructure & Public- Private Partnerships practice group at Fasken Martineau DuMoulin LLP. "at uncertainty is throwing a spanner into the works, it will have an impact on risk transfer and it will have an impact on costing. And it's all about cost at the end of the day: how do people cost for uncertainty?" e status of a trade agreement with the US has a significant impact on Canadian companies working on existing projects, Plotkin says. "People spend tremendous amounts of time costing projects appropriately so they can get the project done within the standards required, make whatever profits that are factored into the process, repay lenders etc. So if you've costed on the basis of Product X with no tariffs on it, and suddenly Prod- uct X has tariffs on it, your costing has gone out the window, your assumptions are all wrong. ere may be very substantial financial implications. "Mobility of people across the border is another very big issue. Now you can move across the border freely. What might changes to a trade agreement entail? If you're working on a project on both sides of the border, might you need work permits where you didn't before? All this uncertainty is a looming sword above people's heads." Another major issue is that trade agreements regulate the government procurement process to ensure signatories have a level playing field, says Judy Wilson, a partner at Blake Cassels & Gray- don LLP in Toronto. Changing those rules "be-

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