Lexpert®Ranked Lawyers
McCarthy, Allison J.
Stewart McKelvey
(506) 444-8977
amccarthy@
stewartmckelvey.com
Mr. McCarthy's practice
is a broad-based
corporate commercial
practice that includes
procurement law,
commercial fi nancings,
secured transactions,
commercial real estate,
business acquisitions
and providing personal
and corporate
tax advice.
McFadden, QC,
David J.
Gowling Lafl eur
Henderson LLP
(416) 369-7243
david.mcfadden@
gowlings.com
Mr. McFadden is
involved in the
development, fi nancing
and management of
infrastructure projects.
His infrastructure
experience
encompasses the
transportation,
electricity and social
infrastructure sectors.
McKenzie, Maria K.
Farris, Vaughan,
Wills & Murphy LLP
(604) 661-9319
mmckenzie@
farris.com
Ms. McKenzie advises
the public and private
sectors on P3s and
other infrastructure and
construction projects.
She also advises on
fi nancing for lenders
and borrowers,
commercial property
transactions and
reorganizations.
McElman, CM,
QC, Frederick C.
Stewart McKelvey
(506) 444-8979
fmcelman@
stewartmckelvey.com
Mr. McElman has
extensive experience
in commercial, litigation
and administrative
law. His clients include
government and
quasi-government
bodies, professional
associations, boards,
engineering and
construction fi rms, and
business buyers
and sellers.
McIver, Colin J.
Dentons Canada LLP
(604) 443-7128
colin.mciver@
dentons.com
Mr. McIver advises
on structuring P3s
and infrastructure
projects and on related
real property and
project development
processes. He
counsels both
authorities and
proponents. His
P3 mandates
include transport,
accommodation and
energy projects.
McLellan, Bradley N.
WeirFoulds LLP
(416) 947-5017
bmclellan@
weirfoulds.com
Mr. McLellan acts for
clients in the planning
and development of
various infrastructure
projects. He has
provided project
structuring and
property acquisition
advice to York Region
in its award-winning
VIVA rapid transit
project since 2002.
26 | Transit
learning curve is quickening as more projects are in procure-
ment, in construction or in operation. "Canada does not
have the same history of major light rail transit projects as
other countries, particularly in Europe," says Geoff rey Gil-
bert, a partner with Norton Rose Fulbright Canada LLP in
Ottawa. "Jurisdictions there have good indications of what
is coming for us and Canada is catching up quickly," says
Gilbert, co-lead of the fi rm's North American Infrastruc-
ture Group. "As we work on projects we see that problems in
Ottawa could be a problem in Waterloo, too."
With urban transit "you can be marrying existing infra-
structure, new roadways, greenfi elds, private and publicly
owned properties, water mains, other utilities, all of which
can stretch for say, 19 km, in the case of Waterloo or 12.5 km
in Ottawa," says Gilbert. " e municipality not only has to
have 100 per cent confi dence in the private-sector partner,
but decide how to allocate risk, which is challenging."
As such, "there's the need to provide the private-sector
partner with the kind of envelope of existing information
that gives them confi dence that they know what they're go-
ing to fi nd when they start tearing up roadways," says Gilbert.
"From a due diligence perspective, it's important to make
sure both parties are aware of what information is there, and
further, what kinds of potential problems could arise."
PUBLIC AND PRIVATE FINANCING
Bob Shouldice, a senior partner focused on energy projects,
commercial transactions and P3 projects with Borden Lad-
ner Gervais LLP in Vancouver, says, "keeping in mind that
every project diff ers, there are a few potentially unique as-
pects of P3 urban transit projects versus a provincially spon-
sored hospital, highway, prison or school project." ese
diff erent aspects, he says, sometimes include multiple layers
or sources of public and private funding, a more hands-on
approach and oversight by municipal offi cials, and also the
lack of a greenfi eld element when it comes to land use and
permitting matters.
On large-scale transit projects being run by municipali-
ties, says Shouldice, there are usually multiple layers of fund-
ing: federal, provincial and municipal-level funding; various
established infrastructure or transportation funds; agencies
dedicated to P3 funding and, of course, funding from the
"All levels of government recognize the importance of renovating existing
infrastructure and/or building new urban transit systems. However,
municipalities generally are getting more and more interested in using
the P3 model. – MARK ROMOFF, CANADIAN COUNCIL FOR PUBLIC-PRIVATE PARTNERSHIPS
