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.
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2 www.lexpert.ca Editorial fortuna favet fortibus ISSUE 23.02 > JUNE GLOBAL MANAGING EDITOR Tim Wilbur SENIOR EDITOR Zena Olijnyk EDITOR Aidan Macnab PRODUCTION PROCESS LEAD Alina Leigh PRODUCTION EDITOR Wen-Ching Shang PRODUCTION EDITOR Kel Pero WRITERS Kiezzsa Cruz, Annabel Oromoni, Lucy Saddleton DESIGNERS Khaye Cortez, Loiza Razon PRESIDENT Tim Duce VP, MEDIA & CLIENT STRATEGY Dane Taylor SENIOR BUSINESS DEVELOPMENT MANAGERS Steffanie Munroe, Lynda Fenton BUSINESS DEVELOPMENT MANAGER Maurice Phillips ACCOUNT EXECUTIVE Matthew Oriel Lexpert Special Edition Magazine is published four times a year. KEY MEDIA and the KEY MEDIA logo are trademarks of Key Media IP Limited, and used under licence by Key Media Canada (Law) Ltd. LEXPERT is a trademark of Key Media Canada (Law) Ltd. Key Media Canada (Law) Ltd 317 Adelaide Street West, Suite 910 Toronto, ON M5V 1P9 Tel: (416) 609-8000 Fax: (416) 609-5840 Website: www.lexpert.ca All rights reserved. Contents may not be reprinted without written permission. Lexpert® Magazine is printed in Canada. PUBLICATION MAIL REGISTRATION NO. 41261516. ISSN1488-6553 Copyright© Key Media Canada (Law) Ltd All rights reserved. GST/HST#: 79989 8465 RC-0001 EDITORIAL INQUIRIES tim.wilbur@keymedia.com SUBSCRIPTIONS/ADDRESS CHANGES Contact: Donnabel Reyes at (647) 374-4536 ext. 243 or email donnabel.reyes@keymedia.com. Annual subscription costs C$175. To change your subscription address, please send your new address along with a copy of your mailing label(s) to the Subscription Dept., at the address indicated above. For all other circulation inquiries, please email Donnabel Reyes. W hile the pandemic had seemed to be the only narrative in infra- structure for the past two years, its dominance has receded. is is not because it is not still having a dramatic effect; rather, we have come to accept that it is only one of several sources of uncertainty. "e technological breakthroughs, the environmental crisis, the pandemic, the war in Europe, and the cyberattacks on our soil remind us of the extent to which recent events are highly likely to transform our lifestyles, our values, and, incidentally, our priorities in infrastructure," says Jean Patrick Dallaire at Langlois Lawyers LLP (p. 16). Infrastructure lawyers, in other words, are always accustomed to uncertainty. And they have many tools to help their clients and governments navigate choppy waters while still investing in the long-term. Two new procuring models appearing on the Canadian infrastructure scene are the alliance model and the progressive design-build model, also known as collaborative models. "ere has been a huge increase in interest in those," says Ilan Dunsky at Dentons (p. 14). And once the projects have started, the need for innovation in dispute reso- lution arises. "We're seeing that the vast majority of large, complex construction disputes and infrastructure disputes are being resolved by way of arbitration rather than traditional court litigation, to the point where, I would say, it's actually quite unusual for a big construction dispute to go to court rather than arbitration these days," says Vasilis Pappas at Bennett Jones LLP (p. 8). Arbitration is almost always preferable, but it has a drawback – a lack of transparency and legal precedent. Yet arbitration institutions are now planning to publish anonymized awards to address this, says Pappas. And it is not just private institutions that are becoming more innovative. Broadband internet – a priority well before the pandemic – has become even more vital now. But how it gets delivered requires new tools. In August 2021, Innovation, Science and Economic Development Canada announced a $1.44 billion investment in Telesat's low-earth-orbit satellite to provide broadband internet to 40,000 households. As the pandemic recedes and new uncertainties emerge, these tools and proj- ects will continue to evolve. Infrastructure lawyers will ensure that the job gets done despite all the ups and downs. Tim Wilbur, global managing editor Innovating to address uncertainties on many fronts