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2016
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LEXPERT 29
Plater, L. Greg Stikeman Elliott LLP
(403) 266-9051 gplater@stikeman.com
Mr. Plater provides advice on real estate transactions, financings and
developments, infrastructure projects (including P3 transactions), renewable
energy projects, joint ventures, construction arrangements and project-
related environmental law in BC and Alberta, on behalf of a broad range
of governments, Crown corporations and private-sector clients.
Picotte, Daniel Fasken Martineau DuMoulin LLP
(514) 397-7527 dpicotte@fasken.com
Mr. Picotte's practice focuses on M&A, reorganization, equity and
institutional investment with a special emphasis on the infrastructure
and industrial sectors. His experience encompasses over three decades
of challenging projects, in Canada and abroad, several of which broke
new ground.
Perry, Chrysten E. Stikeman Elliott LLP
(403) 266-9010 cperry@stikeman.com
Ms. Perry has extensive experience as lead counsel on a broad range of oil
and gas commercial matters in the oil and gas industry, including midstream
projects, resource and infrastructure development, LNG projects and mergers
and acquisitions, as well as upstream and downstream operational issues.
Pennycook, Carol D. Davies Ward Phillips
& Vineberg LLP (416) 863-5546 cpennycook@dwpv.com
Ms. Pennycook focuses on finance, banking, M&A, PPPs and reorganizations.
She represents borrowers, arrangers and lenders/syndicates in project and
infrastructure financings, debt offerings and structured financings. She is
a director of P3 Canada.
Palm, W. Ian Gowling WLG
(416) 369-7332 ian.palm@gowlingwlg.com
Mr. Palm advises on capital markets and M&A transactions and fund
formation mandates focusing on energy, infrastructure and technology
sectors. Canadian and international clients include pension funds and PE
and infrastructure funds and investors.
Ouimet, François H. Stikeman Elliott LLP
(514) 397-3057 fouimet@stikeman.com
Mr. Ouimet's corporate, real estate, and private and institutional
financing practice includes local and cross-border experience with P3s
and infrastructure projects, including leasing, investments, securities,
capitalizations, mergers, acquisitions, private, institutional and syndicated
financings and securitizations.
LEXPERT-RANKED LAWYERS
unsuccessful the parties may proceed to trial, taking
two or three years and costing millions of dollars.
Vogel notes that Infrastructure Ontario has in recent
years adopted the British process of adjudication in its
contracts. "e goal in the UK legislation is to resolve
disputes within 42 days — a more 'rough and ready'
form of justice. An adjudicator is appointed within a
week, accepts submissions from the parties and then
determines his or her own process for hearing the dis-
pute. e adjudicator then will issue a determination
that is binding until the project is complete."
What these processes have in common is that the
parties using them are highly motivated to resolve dis-
putes during the project. If these disputes are le un-
resolved, they can fester and have a negative impact on
the project itself. Conversely, if the parties can reach
agreement during the construction phase, extra money
may flow to the project.
at is an incentive, especially for the contractor,
who would have more cash flow available. "ere's a
realization that a quick solution, even if it's not a per-
fect solution, is a better solution than fighting about it
aer the project is over," says Martin.
"What I've seen
in the last five to seven
years is that the construction
team puts the contract in
the drawer – typically without
reading it – and proceeds
to build the project based
on their own experience
and what they think is best."
- Karen Martin, Dentons Canada LLP
PHOTO:
SHUTTERSTOCK
