Kirsh, Harvey J.
Glaholt LLP
(416) 368-8280
hkirsh@glaholt.com
Mr. Kirshis one of Canada's
leading arbitrators, mediators
and litigators in resolving
complex construction
claims arising out of P3,
infrastructure, energy,
mining, transportation,
industrial, commercial and
institutional projects.
Kraus, Brent W.
Bennett Jones LLP
(403) 298-3071
krausb@bennettjones.com
Mr. Kraus focuses on
M&A and capital market
transactions involving
clients in the upstream and
midstream energy and
oileld services industries.
He acts for strategic acquir-
ers and nancial investors;
local management teams;
and investment dealers.
Lantz, Calvin W.
Stikeman Elliott LLP
(416) 869-5669
clantz@stikeman.com
Mr. Lantz is a Certied
Specialist in Municipal
Law (Land Use Planning &
Development). He appears
before municipal and ad-
ministrative bodies, securing
approvals for residential,
commercial, industrial,
institutional and P3 clients.
Kraag, Scott
Torys LLP
(416) 865-7980
skraag@torys.com
Mr. Kraag is consistently
recognized as one of Can-
ada's leading project nance
lawyers with a focus on the
infrastructure (P3) and
energy sectors.Mr. Kraag is
an Adjunct Professor of Law
at Osgoode Law School.
Kussner, Barnet H.
WeirFoulds LLP
(416) 947-5079
bkussner@weirfoulds.com
Mr. Kussner's municipal law
practice includes a focus
on P3s, municipal capital
facilities and Ocial Plan
reviews. He has extensive
experience acting for public-
and private-sector clients at
all court levels, including the
Supreme Court of Canada.
Ledgett, Michael
Dentons Canada LLP
(416) 863-4793
michael.ledgett@dentons.com
Mr. Ledgett is National Co-
Chair of Dentons Canada's
Infrastructure & P3 Group,
which advises governments
and their agencies as well
as private-sector develop-
ers, operators, lenders and
investors on P3 projects
on Canada and abroad.
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project before they can use the money for
anything else. If they don't, they may be in
breach of trust and their directors and o-
cers held personally liable. "ere's a debate
over whether trust funds should be retained
in a separate account," says Krupat. "In an
insolvency situation, what happens when
the trust funds haven't been properly segre-
gated before the insolvency?"
In his 2014 decision in Royal Bank of
Canada v. Atlas Block Co. Limited, Jus-
tice Penny of the Ontario Superior Court
of Justice (Commercial List) held that
trust claims under s. 8 of the CLA do not
survive the bankruptcy of the would-be
trustee debtor. e trust funds, if already
commingled, "generally become part of the
estate that is distributed to the creditors,"
says Krupat. "e case law has said that the
statutory trust fund required by the CLA
does not meet the test of a common-law
trust fund."
If Ontario overhauls the CLA, it is likely
to be a model for other provinces, says Ban-
fai. "Initiatives like this are under active
consideration in Manitoba, British Colum-
bia, Quebec and Alberta."
