Lexpert®Ranked Lawyers
Kelsall, Brian C.
Fasken Martineau
DuMoulin LLP
(416) 865-5493
bkelsall@fasken.com
Mr. Kelsall focuses
on domestic and
international
project fi nance with
an emphasis on
infrastructure and
PPPs, including
the Windsor Essex
Highway, PanAm
Athletes' Village and
the Colorado/US 36
Highway. He represents
lenders, sponsors
and investors.
Jolicoeur, Marc M.
Borden Ladner
Gervais LLP
(613) 787-3515
mjolicoeur@blg.com
Mr. Jolicoeur focuses
on crown corporations
and public institutions
in his corporate-
commercial practice.
His advice embraces
P3s, infrastructure
projects, contract
reviews, corporate
matters, strategic
alliances, fi nancing
and governance.
Kauffman, David H.
De Grandpré Chait,
s.e.n.c.r.l. • LLP
(514) 878-3217
dkauffman@
dgclex.com
Mr. Kauffman's
practice focuses
on the contractual
aspects of structuring,
documenting and
executing major
infrastructure,
development and
construction projects
in a wide range
of industries.
Kanargelidis, Greg
Blake, Cassels &
Graydon LLP
(416) 863-4306
greg.kanargelidis@
blakes.com
Mr. Kanargelidis's
practice embraces all
areas of international
trade, customs and
commodity tax.
He has extensive
experience advising
public-sector clients
on the application
of the government
procurement provisions
of international trade
agreements.
Keizer, Charles
Torys LLP
(416) 865-7512
ckeizer@torys.com
Mr. Keizer's domestic
and international
infrastructure and
energy practice
focuses on
administrative and
corporate/commercial
law in the energy
sectors, and includes
project development
and regulatory matters
for sector participants.
Kenny, QC, William J.
Miller Thomson LLP
(780) 429-9784
wkenny@
millerthomson.com
Mr. Kenny is well-
recognized as a
leading lawyer in
civil and regulatory
litigation, construction
law, transportation,
insurance & corporate
commercial law. He
has appeared before all
levels of court and acts
as mediator in many
commercial disputes.
20 | The North
its own share of project costs. en the mining company is
contracted to pay for the road, plus a profi t margin, over the
life of the mine. "As the mining company, you don't have to
pay anything until we complete the road." And having the
Inuit corporation as a backer demonstrates local support to
regulatory agencies, he suggests.
"Besides, if the mine owns the road, only they can use it.
If we own the road, anyone can use it," he says. In one such
case, the proposed "road goes straight into the interior and
it opens up many other opportunities." It's what he calls a
"Field of Dreams approach," referencing the fi lm version of
WP Kinsella's novel Shoeless Joe, in which a baseball dia-
mond in a cornfi eld attracts the ghosts of famous players.
"If you build it, they will come," Northey says. Or, as base-
ball fans would have it, Ya gotta b'lieve.
But, like most things, believing is a little harder in
Nunavut. e Building Canada Fund and the P3 Canada
Fund, federal initiatives to as-
sist infrastructure projects,
have special regulations to sup-
port Aboriginal development.
e trouble is, those regs, as
originally written, defi ne eligi-
bility in terms of treaty status,
says John Donihee of Willms
& Shier in Ottawa.
"Inuit don't have treaties,"
Donihee says with evident frus-
tration. "Basically, they've been
told, 'You're not on the list.' Two
years ago we were told, 'Oh, this
is silly. We'll deal with it.' And
here we are two years later…"
Silly or not, Northey says, P3 Canada
money remains out of reach. Building Can-
ada has changed its rules to include Inuit
organizations, but due to what he calls a bu-
reaucratic oversight, P3 Canada was le out
of that change. When the P3 application deadline passed
in June, he says, Inuit groups missed another year of eli-
gibility for some $250 million in P3 funding allocated to
Nunavut and another $4 billion in allocations for "projects
of national signifi cance."
e Iqaluit Airport, scheduled to begin construction this
summer, stands to become one of the shining examples of
P3 development in the North. Under the agreement, the
Arctic Infrastructure Partners (AIP) consortium will front
capital costs, design and build the new airport and provide
ongoing operations and maintenance over 30 years. e
"In the North, there can be some unique
needs. [The sea-lift window for moving
material and equipment to Baffi n Island
is very short and] if you miss anything,
you know you're going to face the
expense of having to air-lift it in."
– SHARON VOGEL, BORDEN LADNER GERVAIS LLP
