Lexpert Special Editions

Special Edition on Infrastructure -Sept 2015

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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Emakpor, Tobor Osler, Hoskin & Harcourt LLP (416) 862-4268 temakpor@osler.com Mr. Emakpor's experience includes leading P3 projects acting for equity sponsors, lenders, procuring author- ities and subcontractors in Canada, the UK and West Africa with an emphasis on the transportation, health care and education sectors. Fairey, Peter D. Gowling Lafleur Henderson LLP (604) 891-2266 peter.fairey@gowlings.com Mr. Fairey has a 33-year diversified corporate/ commercial private M&A practice including PPP across many sectors. His over 25 PPP mandates span port, highway, data services, corrections and social/hospital projects. Fews, Stefan Stikeman Elliott LLP (514) 397-6493 sfews@stikeman.com Mr. Fews focuses on com- mercial real estate, secured financing and JVs. He acts for pension funds and institu- tional investors in negotiat- ing and structuring partner- ships and other entities for real estate transactions in Canada and abroad. Emes, Aaron S. Torys LLP (416) 865-7669 aemes@torys.com Mr. Emes practises extensive- ly in the areas of infrastruc- ture and energy, M&A and project development, includ- ing having worked in the electricity and nuclear sec- tors virtually his whole career. Feldman, Michael K. Torys LLP (416) 865-7513 mfeldman@torys.com Mr. Feldman's practice fo- cuses on corporate and com- mercial law, with an emphasis on structured asset-backed financing, securitization, private M&A, capital mar- kets, secured lending, aircra financing and derivatives. Finlay, QC, David G. Bennett Jones LLP (780) 917-5236 finlayd@bennettjones.com Mr. Finlay acts in the acquisition, development, leasing and financing of commercial and industrial real estate developments. He also advises on corporate and governance issues, and counsels public and private clients in the health sector. 12 | MUNICIPAL P3S LEXPERT ® RANKED LAWYERS In fact, municipal P3s differ greatly from their larger brethren in various ways, say lawyers in the field. ere is oen a wide disparity in credit worthiness among mu- nicipalities, multiple levels of stakeholders, a high level of public scrutiny and a lack of consistent, commoditized documentation. Still, all of these challenges invite new and creative ways to adapt the P3 model. "Currently, we're seeing a growing number of municipal P3 projects moving forward through the procurement and construction process, over 20 at present, in many parts of the country, and in many sectors," says Mark Romoff, president and CEO of e Canadian Council for Public- Private Partnerships (CCPPP). He cites the Saint John Safe Clean Drinking Water Project, Pan-Am Athletes' Village in To- ronto, Confederation Line LRT in Otta- wa, Saskatoon North Commuter Parkway and Traffic Bridge Replacement, and the Surrey Biofuel Processing Facility as cur- rent examples. According to Romoff, there are now 225 P3 projects across Canada with a value of over $72 billion among those that have "WHAT LENDERS TO THESE [MUNICIPAL] PROJECTS ARE LENDING ON IS BASICALLY THE CONTRACTS. THE PROJECT COMPANY DOESN'T OWN THE ASSET, AS THAT ASSET IS STILL OWNED BY THE PUBLIC. SO LACK OF CONSISTENCY AMONG THE DOCUMENTATION CREATES HIGHER BID COSTS, AS WELL AS REQUIRES MORE DUE DILIGENCE ON THE PART OF THE PRIVATE SECTOR." – Catherine Doyle, Blake, Cassels & Graydon LLP

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