Lexpert Special Editions

Infrastructure September 2014

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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Lexpert®Ranked Lawyers Muggah, Sean A. Borden Ladner Gervais LLP (604) 640-4020 smuggah@blg.com Mr. Muggah's practice focuses on large infrastructure projects in various sectors across Canada including energy, transportation, healthcare and education. He is also involved in privatizations and commercial transactions involving governmental bodies. Nordick, D'Arcy Stikeman Elliott LLP (416) 869-5508 dnordick@ stikeman.com Mr. Nordick advises foreign and domestic clients on infrastructure projects with a focus on fi nancing. His clients include P3 and infrastructure participants, banks, dealers, governments and quasi-government entities, and private- equity fi rms. O'Doherty, Richard McCarthy Tétrault LLP (514) 397-5467 rodoherty@ mccarthy.ca Mr. O'Doherty focuses on project fi nance, corporate lending and other structured fi nancings. He acts in particular for developers and fi nancial institutions in the development and fi nancing of projects in the infrastructure and energy sectors. Murphy, Timothy J. McMillan LLP (416) 865-7908 tim.murphy@ mcmillan.ca Mr. Murphy, former Chief of Staff to Canada's prime minister, focuses on project fi nance transactions, including P3s, for sectors such as infrastructure and energy. He also advises clients here and abroad in construction, procurement and fi nance. Northey, Rodney V. Gowling Lafl eur Henderson LLP (416) 369-6666 rodney.northey@ gowlings.com Mr. Northey is in his 25th year of practice focused on federal and provincial environmental assessments and approvals. Has advanced infrastructure in water, energy and transportation sectors. Current work for major urban and rural municipalities. Osler, William S. Bennett Jones LLP (403) 298-3100 oslerw@ bennettjones.com Mr. Osler's practice includes securities law and M&A, with a focus on oil and gas. His experience embraces IPOs and other public offerings for issuers and underwriters, as well as Canadian and international take-over bids and plans of arrangement. 28 | Transit from a multiplicity of regulatory authorities. "You have to be conscious of the fact there has to be a solid leader and de- cision-maker of policy from a transit perspective. Contrac- tually, how does this consolidated group of entities reach a consensus, so that when the government purchaser brings the project to market to the public sector, there's one voice? Further, how is risk allocated among the entities? How are the zoning, site development, city approvals going to work?" Getting the relationship between those jurisdictions right becomes very important. " e lawyer has to put himself or herself in the private sector's shoes and say 'if I'm looking at this multi-jurisdictional project what risks am I worried about and do I want, for example, a one- window contact. Am I confi dent there's an entity that has the authority to do this project and make their side of this contract work?'" MORE THAN LIGHT RAIL PROJECTS When the public thinks about P3 projects in urban transit, it's generally in the context of mega projects such as LRTs. But, urban transit encompasses much more than a track or road, extending to vehicles, stations and maintenance yards. For example, says Romoff , the VIVA bus rapid transit Phase 1 is operational in York Region, with Phase 2 in procure- ment; the City of Barrie, Ontario, is currently procuring a P3 for a new transit facility, as well as the operation and "Most of the country's P3 projects have been concentrated in federal and provincial social infrastructure projects such as hospitals, penitentiaries, schools and courthouses…Now, P3s are moving into the realm of some of the more traditional municipal responsibilities such as transit." – JUDY WILSON, BLAKE, CASSELS & GRAYDON LLP

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