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.

Issue link: https://digital.carswellmedia.com/i/1028678

Contents of this Issue

Navigation

Page 29 of 43

30 LEXPERT | 2018 | WWW.LEXPERT.CA Northey, Rodney V. Gowling WLG (416) 369-6666 rodney.northey@gowlingwlg.com Mr. Northey is in his 29th year of practice focused on environmental assess- ments and approvals. Author of the Guide to the Canadian Environmental Assessment Act (LexisNexis 2018). Member of the federal environmental assessment reform panel and Ontario's GTA West EA advisory panel. Major ongoing environmental assessment work for municipalities and an Indigenous EA proponent in northern Ontario. Nordick, D'Arcy Stikeman Elliott LLP (416) 869-5508 dnordick@stikeman.com Mr. Nordick is Co-Head of the Capital Markets and Public Mergers & Acquisi- tions Groups in Toronto. He is a member of various internal and external groups focused on infrastructure and the financing thereof. He advises clients on mergers and acquisitions (public and private), corporate finance, securities, licensing and joint ventures, project development and general corporate and commercial law. Ngo, Phuong Gowling WLG (613) 786-0236 phuong.ngo@gowlingwlg.com Ms. Ngo is a bilingual partner in the Ottawa office and leads our Procurement Group. Her expertise involves training and providing strategic legal advice on the design and conduct of procurement processes, proposal preparation, government terms and conditions, drafting procurement documentation, compliance, and representation in related litigation and disputes. Naccarato, D. John Norton Rose Fulbright Canada LLP (613) 780-8608 john.naccarato@nortonrosefulbright.com Mr. Naccarato's practice focuses on P3 and alternative financing projects, where he brings his 35 years of experience in commercial real estate and construction law to infrastructure redevelopment. He has also been involved in many merger and acquisition, asset based lending, corporate and commer- cial, banking, development, leasing and project finance transactions over the course of his career. Murphy, Timothy J. McMillan LLP (416) 865-7908 tim.murphy@mcmillan.ca Mr. Murphy, former Chief of Staff to Canada's prime minister, advises lenders, equity investors, subcontractors and public authorities in project finance transactions, including P3s. Recent closed transactions include the Finch LRT and Champlain Bridge. He is the editor of Construction Law in Canada and Adjunct Professor at the Uof T Faculty of Law. Mondrow, Ian A. Gowling WLG (416) 369-4670 ian.mondrow@gowlingwlg.com Mr. Mondrow leads Gowling WLG's energy regulation and policy practice in Toronto. He advises on a variety of matters in the natural gas and electricity sectors, including energy policy, regulatory policy and process, rates and tariff matters, facilities applications and compliance and licensing issues. LEXPERT-RANKED LAWYERS petition can oen provide worse for more. What was once trumpeted as a more efficient process for building the roads, railways, hospitals, schools, prisons and public offices that Britain needs, has in many cases become its opposite, bad value for public money. 'Our vision is to help the nation spend wisely,' says the NAO. Its report says the nation is spending a lot without knowing if it is good value." In Canada, as the Canadian Council for Public-Pri- vate Partnerships details, there are myriad projects that recommend the model. CCPPP CEO Mark Romoff says, "e changing global political landscape has generated both uncer- tainties and opportunities across all sectors, including Infrastructure, from which no country is immune. Within Canada, however, investment in Infrastructure continues to be a high priority and the P3 pipeline re- mains steady with projects coming to market from both traditional and new jurisdictions." Says Bennett Jones LLP partner Paul Blundy, "We see a number of governments in Canada moving away from P3 procurement that includes long-term financ- ing, but the recognition of the benefits achieved through P3 models remains. ese include life cycle costing and optimization of capital and operating costs. As a result, more design-build-maintain projects may be coming. "Regionally, British Columbia is coming back to the forefront in Infrastructure. e province has a num- ber of transit, road and health-care projects coming to market in the second half of 2018. All are structured to include design, construction and maintenance but no significant long-term finance component." For law firms, Blundy speculates, "e Infrastructure gap remains and governments must recognize the need for additional Infrastructure investment. is trend away from financing may work against law firms that specialize in financing but will not impact firms with depth in construction and project delivery. As a law firm we're investing in these trends. We've more than dou- bled the number of lawyers in our national construction practice and in British Columbia over the last year." Davies Ward Phillips & Vineberg LLP partner Greg Southam brings an interesting perspective on the P3 model from his busy practice that includes clients work- ing on US-based projects. "Everybody thought there was going to be a massive gold rush," aer the election of President Donald Trump, "but it hasn't really happened that way." However, there are "significantly more transactions in the US." He predicts the "success of the procure- ment model will continue at a steady pace." His firm having a New York office is of considerable value in it securing mandates. Analogies can be drawn to the impact of political change in the UK, and Ontario. P3s are highly sensitive to political pressures because of their very nature. How- ever, there will continue to be deals where they are the most sensible model, and business people will find ways to build them within new paradigms.

Articles in this issue

Links on this page

Archives of this issue

view archives of Lexpert Special Editions - Special Edition on Infrastructure 2018