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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28 LEXPERT | 2018 | WWW.LEXPERT.CA Massicotte, Etienne Osler, Hoskin & Harcourt LLP (514) 904-5778 emassicotte@osler.com Mr. Massicotte's practice embraces infrastructure financing. He has acted on the financing of the CHUSJ, the Restigouche hospital and wind farms, as well as on bids relating to the Montréal acoustic hall, the U of M hospital research centre, the Baie St-Paul hospital, NBSL, the A25 bridge and waste treatment centers. Massicotte, Alain Blake, Cassels & Graydon LLP (514) 982-4007 alain.massicotte@blakes.com Mr. Massicotte focuses on public-private partnerships and also advises for- eign governments with respect to infrastructure renewal. He leads significant, complex and high-profile infrastructure projects in Québec across a diverse range of industry sectors. He also contributes to the PPP community, serving on the Executive Committee of The Institute for Public-Private Partnerships of Québec. Massé, David Stikeman Elliott LLP (514) 397-3685 dmasse@stikeman.com Mr. Massés practice focuses on domestic and cross-border public and private M&A, debt and equity offerings and corporate finance transactions. He also has significant experience in energy and mining-related M&A, corporate finance, joint ventures, royalty and streaming transactions, and project development. Martins, Manuel A. Gowling WLG (519) 575-7542 manuel.martins@gowlingwlg.com Mr. Martins acts for and advises owners, investors and lenders in the renew- able energy and infrastructure industry. His practice includes purchase, sale, leasing and financing transactions. He provides the trusted advice, common- sense thinking and strategic insight clients need to succeed. He is the former leader of the Real Estate Practice Group and a current Trustee of Gowling WLG Canada. Martin, Karen Dentons Canada LLP (604) 691-6455 karen.martin@dentons.com Ms. Martin's practice focuses on avoiding and resolving disputes on con- struction, infrastructure and PPP projects. She advises on risk minimization during procurement and construction, and acts as counsel in mediations, arbitrations and litigation. Manzer, Alison R. Cassels Brock & Blackwell LLP (416) 869-5469 amanzer@casselsbrock.com Ms. Manzer's practice covers a broad range in the financial services sector, including financial institution regulation, corporate & commercial lending, asset-based financing, securitization and structured finance, private-equity, project finance, asset finance and leasing, business reorganization and syndicated lending. A significant part of her practice involves multi-jurisdiction transactions. LEXPERT-RANKED LAWYERS and help ensure a level playing field across the EU." But not everyone was a believer. "ese rules," the Institute for Government continued, "are oen seen as controversial because they appear to prevent the UK Government 'buying British'. For example, a row erupt- ed in 2011 when Siemens, a German company, won a £1.6 billion public contract for ameslink trains over Bombardier, a Derby-based train maker. On the other hand, they help ensure that UK companies can bid for lucrative government contracts in other member states on a level playing field." Be that as it may, there were spinoff benefits to Can- ada and other countries of this procurement system: "EU membership not only gives UK access to public procurement markets in 27-member states of the EU, but also other non-EU countries. e EU has free trade agreements with third countries that allow UK busi- ness to participate in procurement markets in countries such as Canada … and it is also a signatory to the World Trade Organization (WTO) Government Procure- ment Agreement (GPA) — a voluntary trade agreement within the WTO." And if the UK crashes out of the EU and reverts to the default position under the WTO? According to the British think tank, "there would be no mutual rights of access to public procurement markets. We could fa- vour British companies but our companies could face discrimination in supplying the much bigger European procurement market." Canada in that scenario would lose its traditional entry into the EU via the UK. In October 2017, the Royal Bank released its report, "Brexit: A New Chal- lenge to Canada's European Traditions" (https://bit. ly/2LQweOe). RBC's overall message was not com- pletely bleak for the UK and considered that Brexit was "unlikely to have much impact on Canada." Despite that overall message, RBC made it clear that "Canadian direct investment in the UK is most exposed to Brexit. Brexit will have a greater impact on Canadian firms that have invested directly in the UK than those that simply export goods and services across the Atlantic. Canadian pension funds have invested heavily in UK Infrastruc- ture in recent years. Such deals will be less attractive going forward if Brexit reduces the flow of goods and people between the UK and Europe." Canadian real estate firms, RBC suggests, would likely need to make a shi. "Investors seeking a home base that provides access to the EU's Single Market may turn to the remaining 27 EU countries where free move- ment of goods, services, people and capital are guaran- teed, particularly if the UK does not replicate investor protections provided under CETA." Brexit does not mark the first occasion on which politics has loomed large over the Infrastructure sector. Aer all, most observers credit the invention of the P3 model to then UK Prime Minister Margaret atcher in the late 1980s. Cut to 2018 and politicians in Ontario are again turning their gaze to P3s.

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