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 Merrick, Jeffrey Blake, Cassels & Graydon LLP (604) 631-3386 jeff.merrick@ blakes.com Mr. Merrick's real estate, business law and project fi nancing practice emphasizes investment real estate and fi nancing and developing P3s and AFP infrastructure projects. His clients include developers, pension funds and private-equity funds. Mitchell, Craig Stikeman Elliott LLP (416) 869-5509 cmitchell@ stikeman.com Mr. Mitchell acts on behalf of domestic and foreign lenders and borrowers on acquisition, asset- based, mezzanine and project fi nancings and debt restructuring transactions across a broad range of industries. Morrison, Patricia L. Borden Ladner Gervais LLP (403) 232-9472 pmorrison@blg.com Ms. Morrison acts for owners, general contractors, subcontractors and sureties in all facets of the construction industry, including the negotiation and drafting of P3 agreements, procurement, construction disputes and environmental matters. Messinger, Stephen J. Minden Gross LLP (416) 369-4147 smessinger@ mindengross.com Mr. Messinger focuses on commercial development and leasing. He acts for developers, property managers, trust companies, pension funds and retail chains. A frequent lecturer, he is recognized as a most frequently recommended leasing lawyer. Mondrow, Ian A. Gowling Lafl eur Henderson LLP (416) 369-4670 ian.mondrow@ gowlings.com Mr. Mondrow is a partner practising in the area of energy regulation and policy. He has represented electricity generators, transmitters, distributors, competitive energy retailers and services providers, electrical contractors and energy consumers. Morrison, Stephen R. Cassels Brock & Blackwell LLP (416) 860-6624 smorrison@ casselsbrock.com Mr. Morrison provides practical advice and advocacy to all private and public participants in the land development and construction industries. He is a highly regarded Chartered Mediator and a Fellow of the Chartered Institute of Arbitrators. Transit | 27 private-sector partners. "All of this needs to be factored into the procurement planning and timetable, project gov- ernance protocols and into the various project and related fi nancing agreements," he says. In municipal projects "the governance of the project is potentially more complicated because municipal authorities and elected offi cials sometimes like to have more of a hands-on approach than those involved in provincial or federal projects," says Shouldice. In part, he suggests, this is because mu- nicipal offi cials on these projects "some- times interact in a more direct or frequent way with aff ected stakeholders, including property owners, transit users, public citi- zen groups and businesses o en at a grass- roots level." As an example, with a light rail project going through the heart of the city, "you are o en dealing with things that are near and dear to people's hearts, as well as stakeholders who will feel a more direct impact from the project. ere's the potential to disrupt private residences, commercial businesses, even the general population who are forced to deviate from their normal transit routines." As well, urban transit projects that cut a big swath through large sections of a city can sometimes "really aff ect the city's aesthetic features, which local citizens and politicians can feel very passionate about, and at a level not generally experi- enced with other projects," says Shouldice. " is can become a much more signifi cant consideration in a performance- based P3 procurement where proponents are usually given much more latitude to be innovative with their designs, meaning the authority may have less control over some or all of the aesthetic outcomes, compared to a more traditional procurement model, which can sometimes create apprehen- sions with the public and aff ected stakeholders." MULTIPLE MUNICIPALITIES P3 urban transit projects can involve multiple municipali- ties. Wilson, a former in-house lawyer with the City of Ot- tawa, sees "a trend whereby many large urban areas are plan- ning transit systems on a more rationalized regional basis; for example, Ontario's Metrolinx." It's the role of lawyers, she says, to deal with issues arising PHOTO: REUTERS

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