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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16 LEXPERT | 2019 | WWW.LEXPERT.CA Jackson, Richard J. Stikeman Elliott LLP (604) 631-1357 rjackson@stikeman.com Mr. Jackson is the Managing Partner and former Head of the Real Estate Group in Vancouver. His practice emphasizes large commercial and residential real estate transactions, including advising on all aspects of major multi-use real estate development projects. His practice also includes acting for the Province of British Columbia on all four modern-day land claims treaties with First Nations. Imerti, Vince F. Stikeman Elliott LLP (416) 869-5555 vimerti@stikeman.com Mr. Imerti is a partner in the Real Estate, Private Equity and Tax Groups. His practice focuses on domestic and cross-border corporate, trust and partnership matters. He has extensive experience forming funds and structuring, negotiating and implementing direct and indirect infrastructure, real estate and private- equity investment transactions for both Canadian and international clients. Hudec, Albert J. FARRIS LLP (604) 661-9356 ahudec@farris.com Mr. Hudec is an M&A and securities practitioner with 30+ years experience in cross-border mergers & acquisitions, public- and private-equity and debt financings (including bought deals and tax-incentive financings), corporate governance and board and independent committee representation. He also practises extensively in the area of Aboriginal law, leading consultations on major resource projects. Howe, Robert Goodmans LLP (416) 597-5158 rhowe@goodmans.ca Mr. Howe practises infrastructure, administrative and regulatory law, emphasizing municipal and land development matters. He focuses on all aspects of land development for private- and public-sector clients throughout Ontario, especially the financial aspects of land development, including the financing of significant public infrastructure projects and development charge matters. Holmstrom, Jon J. Fasken Martineau DuMoulin LLP (416) 865-5125 jholmstrom@fasken.com Mr. Holmstrom's practice is focused on corporate and commercial banking transactions, cross-border acquisition financing, project finance (mining, wind power and infrastructure), derivative products, corporate loan workouts and restructurings and securitizations. He provides strategic advice to both financial institutions and commercial borrowers across a multiplicity of industries. Helmstadter, Jane C. Bennett Jones LLP (416) 777-7470 helmstadterj@bennettjones.com Ms. Helmstadter acts for real estate, natural resources and renewable energy clients in domestic and cross-border transactions. She advises on matters related to real estate: acquisition/disposition, financing and structure of ownership vehicles. She assists clients in transactions involving office, retail & industrial property, multi-family residential developments and renewable energy projects. LEXPERT-RANKED LAWYERS vestment by the Infrastructure Bank and CDPQ Infra completed the $6.3-billion financing of the Réseau express métropolitain (REM) light rail in the Montréal area through an "ultra-low interest- rate loan." e Bank's mandate is to provide grants or loans to finance large public infrastructure projects, helping to attract investors by absorbing some of the financial risk. In June, the federal government announced that the Bank would help to develop Via Rail's multibillion-dollar high-frequency rail project between Toronto and Montréal, at least in financing further studies for the project. And a discussion is starting as to who is the ap- propriate payor for infrastructure, says Bain. Tra- ditionally the payor would pay for facilities such as hospitals, and users of infrastructure such as toll roads, power and water systems. ere may be a little more user-pay in future, he says, in part as consumers expect to pay something for their tran- sit and utilities. "We had a long run of projects that were fi- nanced purely by government, such as power plants, and then other projects that were largely privately financed on the back of government's commitment to pay," such as hospital projects, he says. Canada has now gone from this binary model to a hybrid one, blending private and government finance. is includes telecommunications proj- ects in ex-urban areas, which are underpinned by a public policy imperative "to make sure everyone has good internet. "ose sorts of projects have some revenue asso- ciated with them, but the Bells and the Teluses of the world aren't going to build their own systems," Bain points out. "e solution to those kinds of projects is some kind of government subsidy or contribution" to make the project viable finan- cially, particularly, for example, in more remote regions with a smaller pool of users. e government-funded model may be less popular for shorter-term projects, where in Brit- ish Columbia, at least, there has been a slight shi in the market towards the design-build, or build-finance model where there is no long-term component to the infrastructure projects, says "P3 IS A VIBRANT MARKET. WE'VE SEEN THE ENTIRE WORLD LAND ON THE CANADIAN DOORSTEP TO GET A PIECE OF THAT MARKET." Mark Bain; Torys LLP

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