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 17 Kelsall, Brian C. Fasken Martineau DuMoulin LLP (416) 865-5493 bkelsall@fasken.com Mr. Kelsall's practice is focused on project finance and development, infrastructure, public-private partnerships and banking. He has considerable experience in infrastructure development and finance, spanning Canada, the US and emerging markets. Projects include Gordie Howe Bridge, UC Merced Campus Redevelopment, Pennsylvania Bridges, Eglinton LRT and Mackenzie Vaughan Hospital. Karayannides, George J. Clyde & Co Canada LLP (647) 789-4831 george.karayannides@clydeco.ca Mr. Karayannides' commercial litigation and arbitration (domestic and international) practice embraces a wide range of complex and high-stakes business disputes, including infrastructure and construction, shareholder remedies, product liability and class actions. He regularly works with foreign counsel on cross-border issues and disputes. Junger, Robin M. McMillan LLP (778) 329-7523 robin.junger@mcmillan.ca Mr. Junger advises clients on environmental, Aboriginal and regulatory matters, and has helped proponents of energy, infrastructure and other major projects secure a range of approvals. He previously served as BC's Deputy Minister of Energy, Mines & Petroleum Resources, Chair of the BC Oil & Gas Commission, head of the BC Environmental Assessment Office and a Provincial Chief Treaty Negotiator. Johnson, Mark Blake, Cassels & Graydon LLP (416) 863-3318 mark.johnson@blakes.com Mr. Johnson's practice focuses primarily on major power, infrastructure and public-private partnership projects, and related joint ventures, investments, acquisitions and dispositions. He has led significant transactions in a variety of industry sectors and asset classes, including social and defence infrastructure, transportation, nuclear, renewables, manufacturing and telecommunications. Jenkins, William K. Dentons Canada LLP (403) 268-6835 bill.jenkins@dentons.com Mr. Jenkins is Co-lead of Dentons' Banking & Financial Services practice group in Calgary and has a diverse transaction-based practice advising on the structuring and implementation of debt and equity financings, project financings, mergers and acquisitions and joint ventures. He has experience advising financial institutions on issues relating to lending practices and capital markets compliance. Jacquin, Maxime Stikeman Elliott LLP (514) 397-2444 mjacquin@stikeman.com Mr. Jacquin is a partner in the Corporate Group. His practice focuses primarily on banking, project finance, P3 and infrastructure & energy M&A. He also has extensive experience in the energy industry, in particular with respect to renewable energy. LEXPERT-RANKED LAWYERS Samantha Cunliffe of McCarthy Tétrault LLP in Vancouver. In this model a single contractor with design, construction and facilities manage- ment expertise funds, designs and builds the project and then operates it for a period of time. e project is then leased to the client over an agreed number of years. Creating community equity In June, when Canadian Utilities Limited (CU) and its partner Quanta Services Inc. sold its in- terest in Alberta PowerLine (APL) - the design- builder of the Fort McMurray West 500-kV Transmission Project - CU offered an opportu- nity for Indigenous communities along the trans- mission line route to obtain up to a 40-per-cent equity interest in APL. "is model will provide a long-term stable investment and further enable economic development in the local communities," CU said in a press release. e final ownership mix of APL will be deter- mined upon close of the purchase option for Indig- enous communities, says Blundy. "It's an opportu- nity for them for a high-returning equity" on the powerline that runs through their communities. Bain also describes the 97-kilometre Tlicho All-Season Road (TASR) project in the North- west Territories that will improve urban access for members of the Whatì, Gamètì and Wekweètì communities, which have relied on a winter ice road to leave the region -- made all theharder with climate change shortening the winter season. A plan was developed to build an all-season gravel road, which would give residents year- round access to other destinations in the North- west Territories and Alberta, and provide access to mines to the north. e First Nations piece of the project is multifold, says Bain -- whose firm acted for the government of the Northwest Ter- ritories in the deal – including creating local jobs, obligations to hire local trades, and eco- nomic participation requirements "e [Whati] First Nations community was allowed to invest up to 20 per cent equity in the project; they are partners, so they share in all the ups and downs in the project," says Bain. "at, I think, is a bellwether [for] things that you'll see coming along. … Trans Mountain, every [infrastructure project] that goes ahead, there's clearly a strong desire to have some indig- enous participation – not just to accommodate the project, but to have some economic partici- pation in the project. "I'm not an optimist generally," he says, "but I'm certainly an optimist in [the infrastructure] space. We've got a good thing going, and I think there's more to come."

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