Lexpert Special Editions

Lexpert Special Edition on Infrastructure 2019

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 | 2019 | LEXPERT 11 Emblem, Robert D.G. Clyde & Co Canada LLP (514) 764-3650 robert.emblem@clydeco.ca Mr. Emblem specializes in resolving construction disputes on behalf of construction professionals, contractors and their insurers. He has handled, defended and settled hundreds of construction claims throughout North America for over 25 years. Mr. Emblem is also one of Canada's leading experts in construction insurance. Dyck, Michael Stikeman Elliott LLP (403) 266-9030 mdyck@stikeman.com Mr. Dyck is a partner in the Real Estate and Banking & Finance Groups. He provides advice in connection with a broad range of real estate, development and construction transactions, advising on acquisitions and dispositions, commercial real estate financings and leasing. He also advises on general corporate financing, acquisition financing, subordinate financing and debt offerings. Dunsky, Ilan Dentons Canada LLP (514) 878-5833 ilan.dunsky@dentons.com Mr. Dunsky is National Co-chair of Dentons' Infrastructure and PPP group and an active executive committee member of the global Infrastructure and PPP group. He represents both domestic and international clients in the development of infrastructure, public-private partnerships and project finance, particularly in the energy, transportation and health sectors. Duffy, Patrick G. Stikeman Elliott LLP (416) 869-5257 pduffy@stikeman.com Mr. Duffy is Co-head of the Project Development & Finance Group. He has considerable experience dealing with environmental assessments and other regulatory approvals in a variety of sectors, including renewable and non- renewable electricity generation, electricity transmission, mining, transit and transportation, aggregate quarries, and waste management. Drance, Jonathan S. Stikeman Elliott LLP (604) 631-1361 jdrance@stikeman.com Mr. Drance specializes in energy law, including energy-related M&A, corporate finance and project finance. He has participated in transactions involving major pipelines, related oil and gas facilities, power plants and transmission lines. He served on the Board of BC Hydro. He writes extensively on energy law, particularly energy project risks and investment trends. Doyle, Catherine Blake, Cassels & Graydon LLP (416) 863-4160 catherine.doyle@blakes.com Ms. Doyle is a financial services lawyer whose practice focuses on project finance, infrastructure, P3 and structured finance law. She regularly advises proponents of infrastructure projects in the transportation, social infrastructure, alternative energy, power and healthcare sectors. She has also represented a wide variety of financial institutions in the financing of infrastructure assets. LEXPERT-RANKED LAWYERS the government has an important role, serving as guardian of the public interest by identifying the public's infrastructure needs. Once the govern- ment does so, it is the private sector that does the initial planning and investigation to determine the project's commercial viability. It then propos- es alternatives to government, which decides on the proposal that suits its purposes best. Competing with the REM as Québec's star project for the time being is the recently complet- ed Champlain Bridge reconstruction. Although it's a federal P3 endeavour, some of the REM transit traffic will pass over the bridge — demon- strating what collaboration between federal and provincial governments can achieve when prop- erly executed. Ambitious east coast projects Elsewhere, both Nova Scotia and Newfoundland and Labrador have ambitious healthcare and highway projects on the go. "Neither of these provinces have a strong his- tory of P3s, so the latest developments are very encouraging," Romoff says. And even in the far north, P3s are thriving. e Northwest Territories has brought several projects to market, including the Mackenzie Val- ley Fibre Link and the 97-kilometre Tlicho all- season road connecting Yellowknife to Whati, now for the most part a fly-in community. Critical to the P3 scenario, of course, is the federal government's plan to invest $180 billion in infrastructure over 12 years. Although critics have lamented what seems to be a slow flow for the funding since the program's announcement in 2016, it's perhaps understandable because the process required bilateral agreements with all the provinces, something that has now been achieved. "Even aer that, it's a two-way street because the provinces must identify the projects for which the funding will be used before the federal gov- ernment will release the money," Romoff says. "But the alignment is now good with the feds ready to move the money out." And the P3s in — except in BC, which seems to be parting ways with the rest of the country. "Premier Horgan and his cabinet are not particu- larly strong P3 supporters," Romoff says. "But they're still moving ahead with infrastructure, in- cluding a couple of design, build, finance projects that don't include a maintenance component, which they are reserving for the public sector." Going forward, Romoff can best be described as wistful about the future of P3s under the NDP. "We continue working with the BC govern- ment and trying to demonstrate how P3s are ad- vantageous," he says. "But we're pragmatic as to the number of projects in the province that will come to fruition on a P3 model."

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