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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24 LEXPERT | 2018 | WWW.LEXPERT.CA Laval, Cyndi D. Gowling WLG (604) 891-2712 cyndi.laval@gowlingwlg.com Ms. Laval is a partner and leader of Gowling WLG's Corporate Finance, M&A and Private Equity Group. She was named one of Vancouver's 30 leading lawyers by the National Post , awarded the Lawyer of the Year-Mining Law (Vancouver) by Best Lawyers in Canada and is recognized as a leading mining, M&A and securities lawyers in several publications. Kyte, Kevin Stikeman Elliott LLP (514) 397-3346 kkyte@stikeman.com Mr. Kyte's infrastructure practice focuses primarily on domestic and inter- national mergers & acquisitions, governmental requests for proposals and contracts and regulatory issues in business and financing transactions. He has worked extensively with many industries, including energy, aluminum, steel, pulp & paper, construction and engineering. Kussner, Barnet H. WeirFoulds LLP (416) 947-5079 bkussner@weirfoulds.com Mr. Kussner's municipal law practice covers P3s, municipal infrastructure and public facilities, residential, commercial and mixed-use developments, and Official Plan and zoning by-law reviews. He has extensive experience acting for public and private sector clients before municipal councils, the Local Planning Appeal Tribunal (formerly OMB) and all court levels, including the Supreme Court of Canada. Krawchuk, Leanne C. Dentons Canada LLP (780) 423-7198 leanne.krawchuk@dentons.com Ms. Krawchuk advises mining producers in Canada on corporate/commercial, construction and procurement, corporate finance and securities, mergers & acquisitions, and other mining legal matters including the negotiation of supply agreements with electricity producers. She advises on royalties, price reviews, dedication and unitization agreements, and assignments and trans- fers of mining interests. Kierans, David B. Gowling WLG (514) 392-9551 david.kierans@gowlingwlg.com Mr. Kierans practises in corporate and commercial law with particular em- phasis on secured lending, real estate acquisition and finance, asset-backed, project financing and aviation finance. His experience includes energy- generation projects and P3 project finance. Kelsall, Brian C. Fasken Martineau DuMoulin LLP (416) 865-5493 bkelsall@fasken.com Mr. Kelsall's practice is focused on project finance and development, infrastructure, public private partnerships and banking. He has considerable experience in infrastructure development and finance, spanning Canada, the US and emerging markets. Projects include Gordie Howe Bridge, UC Merced Campus Redevelopment, Pennsylvania Bridges, Eglinton LRT and Mackenzie Vaughn Hospital. LEXPERT-RANKED LAWYERS hire America, right"? "To the extent there is Canadian-sourced mate- rial or Canadian-sourced bidders, what he's seek- ing to do is abolish the stipulation that NAFTA signatories have to get the same treatment when it comes to government procurement," says Murphy. "at would obviously be a big problem for any Canadian company that wants to take its P3 ex- pertise south of the border." He points to the Gordie Howe International Bridge joining Windsor, Ontario, and Detroit. Canada is paying for the new bridge and will make its money back in tolls on the Canadian side. In consideration, former US president Barack Obama granted the project a "Buy American" waiver al- lowing the iron and steel used on the project to come from either the US or Canada. e US owner of the rival 90-year-old Ambas- sador Bridge, who is also building a new six-lane span, has complained bitterly about the 2013 waiver. ere have been calls for President Trump to revoke it and to require all the materials for the Canadian-funded bridge be produced in the US. "As NAFTA continues to bubble away, you'll get all kinds of domestic interests in the rise," Murphy predicts. "You're going to get increasing protec- tionism, increasing use of the fight over NAFTA to fend off Canadian bidders, Canadian suppliers, Canadian projects." Speculatively, post-NAFTA, any move to shut Canadian companies out of future US infrastruc- "It isn't one market," Murphy explains. Clients "look at different regions, would they be more successful in Florida, in Michigan, etc." They look to the sectors in which there have been successes, wind and solar energy, for instance. And they find a local partner with whom to co-invest and work. - Tim Murphy; McMillan LLP PHOTO: SHUTTERSTOCK

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