Lexpert Magazine

Finance + M&A 2025

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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26 www.lexpert.ca Canadian Law Awards Canada, Caixabank, S.A., and Industrial and Commercial Bank of China (Canada). e progressive DBF model used in this project was a first for social infrastruc- ture in Ontario. It allowed for a two-stage procurement process that facilitated structured negotiations over construction costs and risk allocation. is approach enabled meaningful Indigenous engage- ment and ensured that the hospital design aligned with the community's cultural and healthcare needs. e project's financing structure involving international lenders and federal and provincial funding demonstrates the legal and financial innovation required for large-scale public health investments. ese award-winning transactions reflect the depth of expertise within Canada's infra- structure sector, showcasing creative financial and legal structuring that supports economic growth, technological advancement, and essential public services. Coastal GasLink Pipeline Limited Partnership's $7.15 billion refinancing Blake, Cassels & Graydon LLP (for Coastal GasLink Pipeline) Norton Rose Fulbright Canada LLP (for joint lead agents) Osler, Hoskin & Harcourt LLP (for KKR and AIMCo) Fengate's $1.8 billion recapitalization transaction of eStruxture Davies Ward Phillips & Vineberg LLP (eStruxture) Gowling WLG Miller Thomson LLP (for CDPQ) Stikeman Elliott LLP (for Fengate) Surrey Langley Skytrain's $5.996 billion project Davies Ward Phillips & Vineberg LLP (for SkyLink Guideway Partners) McCarthy Tétrault LLP (for the lenders to SkyLink Guideway Partners) Norton Rose Fulbright Canada LLP (for the Province of British Columbia) Weeneebayko Area Health Authority's $1.8 billion redevelopment Davies Ward Phillips & Vineberg LLP (for Pomerleau) Fasken Martineau DuMoulin LLP (for Infrastructure Ontario and the Weeneebayko Area Health Authority (Hospital)) Stikeman Elliott LLP (for the lenders) CANADIAN LAW FIRM INVOLVEMENT (CLIENT) A groundbreaking healthcare infrastruc- ture transaction, the Weeneebayko Area Health Authority's $1.8 billion redevelop- ment, introduced a progressive design-build- finance model (DBF) to modernize healthcare facilities for remote and Indigenous communi- ties in Northern Ontario. e project replaces an aging hospital with a new state-of-the-art facility, a long-term-care home, a hostel, and staff residences in Moosonee, Ontario. Fasken, comprised of Brian Kelsall, Tom Barlow, Ella Plotkin, Adam Lewinberg, Andrew Jerjian, and Shazad Omarali, acted as the legal counsel to Infrastructure Ontario (IO) and the Weeneebayko Area Health Authority (WAHA). Davies, led by William Buchner, represented Pomerleau, the company selected by IO to spearhead the redevelopment project. Stikeman Elliott, with a team led by Maxime Jacquin, represented the lenders, which included Federation des Caisses Desjardins du Quebec, Royal Bank of Canada LLP advised the joint lead agents with a team led by Rick Borden. Another major transaction was Fengate's $1.8 billion recapitalization of eStruxture, the largest single transaction in the Canadian data centre sector's history. is deal involved a continuation fund with new capital from institutional secondary investors such as Pantheon and Partners Group. The recapitalization strengthens eStruxture's national presence, expanding its digital infrastructure to meet the rising demand for cloud and data services. e legal complexities were vast, requiring simulta- neous execution of a company sale and a bid process to establish a continuation fund. Davies represented eStruxture with a team led by Elliot Greenstone. Stikeman Elliott advised Fengate, led by Warren Katz. A major public transit investment, Surrey-Langley SkyTrain's $5.996 billion expansion, represents a groundbreaking legal and financial structuring effort to enhance connectivity in British Columbia. The 16-kilometre SkyTrain extension, which adds eight stations and three transit exchanges, is set to be operational by 2029. It is said to be the first rapid-transit project south of the Fraser River in 30 years. e Province of British Columbia imple- mented an unprecedented three-contract model – dividing the g uideway, station construction, and system integration among consortiums – to mitigate risk and attract more competitive bids. Norton Rose Fulbright, led by partner Jay LeMoine, acted for the Province of British Columbia in developing a new procurement structure, ensuring seam- less integration of these contracts. Davies acted for SkyLink Guideway Partners, led by partners Greg Southam and Will Buchner. This consortium was awarded the contract to design, build, and finance the elevated g uideway and associated roadworks, utilities, and active transportation elements. INFRASTRUCTURE AND PROJECTS DEAL OF THE YEAR

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