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 Maguire, Patrick T. Bennett Jones LLP (403) 298-3184 maguirep@ bennettjones.com Mr. Maguire's practice spans all areas of commercial energy law including asset and share sales and acquisitions in Canada and abroad, joint venturing, transportation and sales transactions, and other commercial facets of energy project development. Mantini, S. Paul Bennett Jones LLP (416) 777-4837 mantinisp@ bennettjones.com Mr. Mantini practises public infrastructure, real estate and project fi nance. His experience encompasses some of Canada's largest projects, including Toronto Waterfront Revitalization, Niagara Fallsview Casino and MaRS Discovery District. Martin, Steven R. Davies Ward Phillips & Vineberg LLP (416) 863-5572 smartin@dwpv.com Mr. Martin acts on P3, property development, project fi nancing and JV projects in Canada and the US, and has extensive experience in the social and transportation P3 sectors. He has led transactions that include hospitals, bridges and courthouses. Mahony, Dennis E. Torys LLP (416) 865-8214 dmahony@torys.com Mr. Mahony's infrastructure and energy practice focuses on the environmental and climate change aspects of project development (including permitting), fi nance and M&A. He represents business- sector participants, particularly in the renewable space. Martin, Karen Dentons Canada LLP (604) 691-6455 karen.martin@ dentons.com Ms. Martin's practice focuses on avoiding and resolving disputes on construction, infrastructure and PPP projects. She advises on risk minimization during procurement and construction, and acts as counsel in mediations, arbitrations and litigation. Massicotte, Alain Blake, Cassels & Graydon LLP (514) 982-4007 alain.massicotte@ blakes.com Mr. Massicotte's specialties include project fi nancing and PPPs. He also counsels foreign governments, including Morocco, Hungary, Romania, the Czech Republic, Croatia, Senegal, Guinea and India regarding infrastructure and PPP-related issues. Transit | 25 CEO, the Canadian Council for Public-Private Partner- ships (CCPPP). "However, municipalities generally are getting more and more interested in using the P3 model. Like their provincial and federal counterparts, municipali- ties have equally challenging infrastructure defi cits and are looking to address those issues at a time of fi scal constraint. Without a doubt, one of the top sectors for P3 growth is urban transit." According to Romoff , there are a number of Light Rail Transit P3 projects in procurement, under construction or operational in Canada: Vancouver's Canada Line, the country's fi rst LRT P3, the 19.5-km, $2-billion light rail transit line, which opened in August 2009; the Evergreen Line under construction in Vancouver, set to begin opera- tion in 2016; and Ottawa's Confederation Line, currently under construction, due to be operational in 2018. In addi- tion, Edmonton's Valley Line LRT is in procurement, as is Toronto's Eglinton Crosstown Line. Waterloo's ION Stage 1 LRT will begin construction soon, to become operational in 2017, running 19 km of LRT from Conestoga Mall in Waterloo to Fairview Park Mall in Kitchener. Some infrastructure projects utilize both the conven- tional and P3 model, says Romoff ; for example, the Union- Pearson Air-Rail link, currently under construction and set to open in 2015 for the Pan Am Games in Toronto. e P3 portion, he says, "includes a new 3-km rail spur for the Air Rail Link (ARL) and a new ARL passenger station at Toronto Pearson International Airport, with the rest of the project (connection at Union Station, signals, etc.) being done conventionally." COMPLEX AND UNIQUE CHALLENGES Still, it's early days in the use of P3s in urban transit, says Judy Wilson, a partner and lead of the Toronto Procurement and Infrastructure Group at Blake, Cassels & Graydon LLP. "Most of the country's P3 projects have been concentrated in federal and provincial social infrastructure projects such as hospitals, penitentiaries, schools and courthouses," says Wilson, who also heads the fi rm's International Infrastruc- ture Group, "although there's been a number of road and highway projects across the country, including Highway 407 in Ontario or the Autoroute 30 in Quebec. Now, P3s are moving into the realm of some of the more traditional municipal responsibilities such as transit." Many lawyers with practices focusing on P3s say urban transit poses complex and unique challenges, although the

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