Gangbar, Leonard A.
Bennett Jones LLP
(416) 777-7478
gangbarl@bennettjones.com
Mr. Gangbar is consist-
ently involved in the
development, structuring
and financing of complex
mixed-use urban projects,
and all related multi-party
agreements governing their
interconnection and use.
Gillott, Roger J.
Osler, Hoskin
& Harcourt LLP
(416) 862-6818
rgillott@osler.com
Mr. Gillott focuses on con-
struction litigation, arbitra-
tion and dispute resolution
at all levels of court and
tribunals. He advises on risk
management in construc-
tion contracts, and tendering
and procurement in the
public and private sectors.
Godber, H. John
Borden Ladner Gervais LLP
(514) 954-3165
jgodber@blg.com
Mr. Godber focuses on
M&A, corporate finance,
private equity, securities
and international joint
ventures for closely and
widely held companies, and
regularly advises clients on
infrastructure and network
transmission projects.
Gilbert, Geoffrey G.
Norton Rose Fulbright
Canada LLP
(613) 780-3764
geoffrey.gilbert@nortonroseful-
bright.com
Mr. Gilbert practises in
the area of project finance,
with an emphasis on public-
private partnerships and
infrastructure transactions.
He regularly advises project
sponsors and lenders, among
others, on large and innova-
tive projects in Canada.
Glaholt, Duncan W.
Glaholt LLP
(416) 368-8280
dwg@glaholt.com
Mr. Glaholt, C.Arb, is one
of Canada's most highly
recommended construction
lawyers, with experience
in energy, infrastructure
and mining projects. He
is a fellow of the CCCL,
ACCL and IACL, and
author of leading titles on
construction law and ADR.
Graham, Gary D.
Gowling Lafleur
Henderson LLP
(905) 540-3255
gary.graham@gowlings.com
Gowlings' Hamilton found-
ing partner, Mr. Graham is a
business law lawyer. A former
President of Westinghouse
Canada Inc., he has been ad-
vising clients in the manufac-
turing, energy and broader
public sectors for 25+ years.
14
|
MUNICIPAL P3S
LEXPERT
®
RANKED LAWYERS
ter System or the Goderich Water & Waste-
water System are simple Maintain and
Operate contracts for $2.48M and $5.2M,
respectively. On the other end of the spec-
trum, the Ion Stage 1 LRT project in the
Region of Waterloo is worth $1.48B over
the life of the contract and is a DBFOM."
One answer is to bundle projects, which
is still fairly uncharted territory, but one
that has seen some innovation and success,
says Godyne Sibay, a partner with McCar-
thy Tétrault LLP in Toronto. "Ontario is
now using a $100M threshold for its P3
projects. e municipality should likewise
consider a $100M threshold in capital costs
in considering a P3, and likely even higher
if it's a 'Design, Build, Finance, Operate
and Maintain' model," she says. "is is
because with the trans-
fer of both lifecycle and
operating risk under a
DBFOM, there is much
greater complexity in the
procurement and man-
agement of the project
over the typical 30-year
term. e related costs
and commitment to this
long-term partnership are
too much of a burden on
lower-value projects."
Sibay sees challenges
in project bundling
where there are multiple
sponsors. In a municipal
context, a $35M water
treatment facility on its own would not jus-
tify a P3 approach. But bundling four such
projects together (across separate munici-
palities) would reach that critical $100M
threshold. e projects must also be essen-
tially the same.
Police facilities, schools and water treat-
ment plants, Sibay says, are ideal to bundle
as the single Project Company, and the
design and construction team can achieve
significant efficiencies through duplicating
design, engineering and construction.
To do this, she says, "municipalities (or
other co-sponsors) appoint a single pro-
curement authority, Infrastructure Ontario
(IO), for example, to run the procurement,
and IO enters into a single Project Agree-
ment with the lead private-sector partner,
as was done in the delivery of many of the
Pan Am venues. Infrastructure Ontario
and Toronto 2015 represented the Cities
of Hamilton and Milton as well as York
University under a single procurement and
a single Project Agreement to develop two
stadiums and a velodrome facility."
Another example is Saskatoon's Civic
Operations Centre project, says Sibay.
"is project will co-locate the new Saska-
toon Transit Operations Facility and the
City's first Snow Management Facility for
the permanent snow storage decontamina-
tion facility as part of the Civic Operations
Centre for the City of Saskatoon."
LACK OF PROCESS
CONSISTENCY
Although municipal P3 projects are not yet
a reality in Québec, says Robert Borduas,
it's only a matter of time, as the province
has a rich expertise developed by Infrastruc-
ture Québec on provincial projects such as
Highways 25 and 30, CHUM Research
"P3S HAVE NUMEROUS
ADVANTAGES; FOR EXAMPLE,
YOU ALMOST SYSTEMATICALLY
ACHIEVE THE TIMETABLE, ON TIME
AND ON BUDGET, WITH A FIXED
PRICE FOR YOUR OPERATION
AND MAINTENANCE."
– Robert Borduas,
Norton Rose Fulbright Canada LLP
