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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Banfai, Geza R. McMillan LLP (416) 865-7806 geza.banfai@mcmillan.ca Mr. Banfai's practice focuses exclusively on construc- tion/infrastructure matters. His experience includes domestic and international joint venture and teaming agreements; negotiation and preparation of integrated team and P3 contracts. Barnes, Jeff Borden Ladner Gervais LLP (416) 367-6720 jbarnes@blg.com Mr. Barnes's Canadian experience includes the acquisition and financing of 407 ETR, privatization of Canadian National Railway through a cross- border offering, invest- ment in Bruce Power and the Toronto Waterfront Revitalization Task Force. Bauer, Robert T. Davies Ward Phillips & Vineberg LLP (416) 863-5552 rbauer@dwpv.com Mr. Bauer specializes in domestic and international infrastructure projects, PPPs, project financing, property development and joint ven- tures. Projects include hos- pitals, transit projects, urban redevelopment, and govern- ment and mixed-use projects. Barber, QC, Darryl J. Bennett Jones LLP (403) 298-3001 barberd@bennettjones.com Mr. Barber is a senior com- mercial real estate lawyer acting for developers and institutional clients exploring PPP opportunities. Advises on planning strategies, prop- erty value maximization, purchases and sales, finan- cing and joint ventures. Barrett, Roderick F. Stikeman Elliott LLP (416) 869-5524 rbarrett@stikeman.com Senior partner in the cor- porate group and former Toronto managing partner. Practice emphasizes private equity including fund forma- tion, mergers & acquisitions both public and private, debt and equity financing for both issuers and lenders/investors. Beaudoin, Yannick Blake, Cassels & Graydon LLP (514) 982-4025 yannick.beaudoin@blakes.com Mr. Beaudoin's expertise includes infrastructure and project financing. He acts for consortiums and lend- ers on infrastructure and energy-related projects, such as the Sorel Prison, CHUM, and numerous wind-farm and hospital projects. projects and coordinate the timing of close. Multiple big-ticket projects strain the mar- ket "in the sense you're typically looking at broadly marketed bond-financing solutions for deals of this size. "e sizing of the projects, the amount of senior debt required, is something we 6 | FINANCING INFRASTRUCTURE LEXPERT ® RANKED LAWYERS "I SPEAK TO A NUMBER OF SENIOR COUNSEL IN THIS SPACE FAIRLY REGULARLY AND CONSENSUS IS THE FIRST PART OF THIS YEAR HAS PROBABLY BEEN THE BUSIEST WE HAVE EVER SEEN THE INFRASTRUCTURE BIDDING MARKET. THE AMOUNT OF CAPITAL REQUIRED FOR THESE PROJECTS – THE SHEER SIZE OF THEM – IS UNPARALLELED IN THE CANADIAN MARKET IN THE PAST."– Chris Bennett, Osler, Hoskin & Harcourt LLP "I speak to a number of senior counsel in this space fairly regularly and consensus is the first part of this year has probably been the busiest we have ever seen the infrastruc- ture bidding market. e amount of capital required for these projects – the sheer size of them – is unparalleled in the Canadian market in the past." e $11.5 billion in deals that passed through procurement in a single four- week period earlier this year provides a telling snapshot, he says. ese include the $5.3-billion Eglinton Crosstown LRT project in Toronto, the $1.2-billion Regina Bypass project and Montréal's new Cham- plain Bridge project, which is estimated at as much as $5 billion. As Canada's aging infrastructure starts to crumble, highways, bridges, overpasses and tunnels across the country have to be rebuilt. At the same time many cities are finding their aging transit systems and transportation routes buckling under the sheer volume of people using them, which means they have to be upgraded or replaced as well. Transportation and transit infrastructure is much more expensive than building so- cial infrastructure such as hospitals, courts and schools, which has been the province's focus over the last decade. e numbers can be eye watering. Projects already in the pipeline include monster tickets such as the Greater Toronto area's $13-billion Regional Express Rail, the $5-billion Southwest Cal- gary Ring Road and the $3-billion George Massey Tunnel Replacement in BC. e vast majority are being done as Public-Private Partnerships, or P3s, with governments offloading construction and operation onto the private sector. Bennett says one challenge to market capacity is that governments have not tra- ditionally worked together to stagger the

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