Lexpert®Ranked Lawyers
16 | P3 Realities
Griffiths, Leonard J.
Bennett Jones LLP
(416) 777-7473
griffi thsl@
bennettjones.com
Mr. Griffiths and
his Environmental/
Energy/First Nations
team assist with
projects, including
obtaining approvals,
environmental
assessments,
M&A, fi nancing
and management.
Recognized as the
leading environmental
lawyer in Canada (and
top 10 internationally).
Gomery, Sally A.
Norton Rose Fulbright
Canada LLP
(613) 780-8604
sally.gomery@
nortonrosefulbright.
com
Ms. Gomery's bilingual
practice embraces
construction disputes
and ADR, procurement
issues, and insurance
and professional
liability in the
telecommunications,
construction,
transportation, high-
tech, aerospace and
health sectors
across Canada.
Grant, QC, Bruce C.
Stewart McKelvey
(709) 570-8882
bgrant@
stewartmckelvey.com
Practises banking,
general commercial,
construction and
insolvency law. Involved
with oil & gas, natural
resources-related
fi nancings and trusted
advisor to corporate
boards. Experience
in all areas of
banking and resource
development projects.
Gordon, Carolena
Clyde & Co
Canada LLP
(514) 764-3664
carolena.gordon@
clydeco.ca
Ms. Gordon regularly
provides advice and
represents construction
professionals,
institutions and
companies in
infrastructure projects.
Her areas of expertise
include early mediation
and negotiation in
complex and multi-
party litigation.
Grant, QC, Robert G.
Stewart McKelvey
(902) 420-3328
rgrant@
stewartmckelvey.com
Mr. Grant's advocacy
practice focuses
on corporate
commercial litigation
and administrative
law, including project
approvals. He has
a special interest in
energy and regulated
industries, particularly
oil and gas. He is
an ACTL fellow.
Hamilton, Peter E.
Stikeman Elliott LLP
(416) 869-5564
phamilton@
stikeman.com
Mr. Hamilton's banking
and corporate fi nance
practice extends to
PPPs, infrastructure,
project and structured
fi nance, fi nancial
institution regulation,
derivatives and
insolvency. He has
lectured on banking
law at Osgoode Hall
Law School.
One of the most common is that PPPs are a thinly dis-
guised form of privatization, which can lead to public resis-
tance to planned projects.
"There has traditionally been union opposition to P3s,"
he says. "They'd say essentially that the municipality or the
public sector is selling the family silver and mortgaging our
children's future, which is not true because one of the key
aspects of what I would call a true P3 is the ownership of the
assets always remains in public ownership.
"So the private sector never owns the asset, and in most
cases only has a licence to occupy certain parts of the site to
build it and to operate it. There is no transfer of ownership."
Emakpor stresses that P3s are a very effective way of fi-
nancing. "They're a very efficient delivery method, projects
tend to be done quicker and on time, and for less than tradi-
tional procurements."
There are also enormous long-term public benefits to
public-private partnerships, says Maxime Turcotte, a part-
ner at Stikeman Elliott LLP in Montreal.
"One of the advantages of P3s is that you remove oper-
ating and maintenance from the political cycles," he says.
"One of the issues with infrastructure is it's very easy not
to properly maintain your infrastructure as a government,
especially given you're elected every four years. Someone in
"[Structuring a project with enough equity funding is] like insurance
for the debt lenders. The equity providers will feel the pain fi rst;
underperformance by the project company resulting in deductions
will start to eat into equity returns fi rst. Performance has to be pretty
bad for the project company not to have enough left to pay the lenders."
– GREG LEWIS, BULL, HOUSSER & TUPPER LLP
