WWW.LEXPERT.CA
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2019
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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."