Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.
Issue link: https://digital.carswellmedia.com/i/1284323
48 www.lexpert.ca Big Deals Danna Donald, Marissa Kirsh (commercial), Marta Rochkin, Jasmyn Lee (financial servi- ces) and Charlie Zilvytis (corporate). McCarthy Tétrault LLP acted as counsel to the grantor with a team led by Tristan Mus- grave that included Godyne Sibay, Gord Will- cocks, Jim Janetos, Ian Mak, Awi Sinha, Julie Parla, Moya Graham, Brandon Kain, Byron Shaw, Joanna Rosengarten, Diego Beltran, James Kelsall, Chris Zawadzki, Judy Tian, Haiya Peng and Laura Alford. Torys LLP acted as counsel to the funder with a team led by Tara Mackay and consisting of Josh Van Deurzen, Simon Williams, Michael Jack and Marshall Rossiter. ATCO GROUP COMPLETES SALE OF ITS ENTIRE CANADIAN FOSSIL FUEL-BASED ELECTRICITY GENERATION PORTFOLIO CLOSE DATE: SEPT. 30, 2019 ATCO company Canadian Utilities Lim- ited completed the sale of its Canadian fossil fuel-based electricity generation portfolio for, in aggregate, approximately $835 million. e transaction was completed in three stages: a sale of the interest of ATCO Power Canada Ltd. (ATCO Power) in the Cory facility and related assets in Saskatchewan to SaskPower International Inc., a sale of ATCO Power's equity interests in Brighton Beach Power L.P. and Brighton Beach Power Ltd. to Ontario Power Generation Inc. and a sale of ATCO Power (2010) Ltd.'s direct equity interest in ATCO Power (and indirect interest in Al- berta Power (2000) Ltd.) to Heartland Gener- ation Ltd., an affiliate of Energy Capital Part- ners, the last of which closed Sept. 30, 2019. e sale included 12 partly or fully owned natural gas- and coal-fired electricity gener- ation assets in Alberta, B.C., Saskatchewan and Ontario, with generating capacity in excess of 2,500 megawatts. Bennett Jones LLP was lead counsel to Canadian Utilities Limited, with a team led by David Macaulay and including Anu Nijhawan, Ashley White, James McClary, Denise Bright, Blake Wil- liams, Loyola Keough, Bruce Mellett, Brad Gilmour, Stephen Burns, Beth Riley, Mark Powell, Luke Morrison, John Gilmore, Mi- chael Chow, Joel Wiens, Samantha Lush and Kathryn Shaw. RBC Capital Markets and J.P. Morgan acted as joint financial advisors to Canadian Utilities Limited. Energy Cap- ital Partners (and Heartland Generation Ltd.) were represented by U.S. counsel Latham & Watkins LLP, with a team including David Kurzweil, Aaron Hullman, Patrick Tomlin- son and Sara Almousa, and Canadian counsel Blake Cassels & Graydon LLP, with a team including Keith Byblow, Nick Tropak, Jaye Stewart, Randon Slaney and Ian Clarke. MUFG Bank Ltd. acted as administra- tive agent, ATB Financial acted as collateral agent and MUFG Bank Ltd., ATB Financial, CIBC, National Bank of Canada and other lenders provided financing for the acquisition. Lenders to Energy Capital Partners were represented by McCarthy Tetrault LLP, with a team of Joe Palin, Trevor Morawski, Can- dace Pallone, Audrey Bouffard-Nesbitt, Wil- liam Lee, Genevieve Loxley, Kerri Howard, Kim Howard, Michael Shahinian, Melissa Colborne, Niki Gill, Jamie Gibb. SaskPower International Inc. was represented by Mc- Kercher LLP, with John Pringle and Bruce Harrison. Ontario Power Generation Inc. was represented by Dentons Canada LLP, with a team led by Vivek Bakshi including Andy Pushalik, Mark Jadd, Kelli Patel, Byron Rey- nolds, Kori Williams, Oana Chivaran and Ja- mie omas, and competition counsel Torys LLP, with a team of Dany Assaf and Ian Li. CBHP LIMITED PARTNERSHIP REACHES FINANCIAL CLOSE OF CORNER BROOK ACUTE CARE HOSPITAL PROJECT CLOSE DATE: AUG. 7, 2019 On Aug. 7, 2019, CBHP Limited Partnership, with a consortium consisting of Plenary Group Ltd., PCL Constructors Canada Inc., Marco Services Ltd. and Johnson Controls Canada, reached financial close for an approximately $750-million contract with Western Region- al Health Authority and Her Majesty the Queen in Right of Newfoundland and Lab- rador (collectively, the Authority) to design, build, finance and maintain the new Corner Brook Acute Care Hospital Project in Corner Brook, N.L. e new facility will be attached to the Corner Brook Long Term Care Hos- pital (which reached financial close on Dec. 15, 2017) and will encompass seven storeys, 600,000 square feet and 164 beds. Torys LLP was counsel to the Authority, with a team of Daniel Ford, Josh Van Deurz- en, Emma Sako and Marshall Rossiter. Davies Ward Phillips & Vineberg LLP was lead transaction counsel to CBHP Limited Part- nership, with a team of William Buchner, Angela Susac and Jaimie Franks. Barry Lake at McInnes Cooper was Newfoundland and Labrador counsel to CBHP Limited Partnership. Gowling WLG (Canada) LLP was B.C. counsel to Plenary, with a team of Peter Fairey, Harman Bains, Matt Mitchell and Kean Silverthorn, as well as Brett Kagetsu on the associated bond offering. Reynolds Mirth Richards & Farmer LLP was coun- sel to PCL, with a team of Donald Lucky, Mark Hildebrand and Jeffrey Daniels. Osler Hoskin & Harcourt LLP was counsel to Marco with a team led by Joel Heard. Stephanie Hickman from Cox and Palmer was Newfoundland and Labrador counsel to Marco. Gowling WLG (Canada) LLP was Ontario counsel to Johnson Controls Canada in its capacity as service provider, with a team consisting of Darryl Brown, Irene Choe and Jessica Ho-Wo-Cheong. Arthur Cox was Irish counsel to Johnson Controls International. Fasken Martineau DuMoulin LLP was counsel to the lenders, hedge provider and bondholders, with a team consisting of Ella Plotkin, Sean Morley, Marc Lefler and Zack- ary Burashko. > INFRASTRUCTURE DEALS COMPILED BY ZENA OLIJNYK