32 LEXPERT
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2016
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WWW.LEXPERT.CA
Smith, John Lawson Lundell LLP
(604) 631-9120 jsmith@lawsonlundell.com
Mr. Smith's practice embraces representation of large infrastructure projects,
including P3s such as the Canada Line, and involvement with terminal
operations, including coal terminals. He has assisted the City of Vancouver
on projects including the acquisition of the Arbutus transportation corridor.
Smellie, James H. Gowling WLG
(403) 298-1816 james.smellie@gowlingwlg.com
Mr. Smellie's extensive energy regulatory practice includes broad experience
in relation to infrastructure projects, particularly including pipelines
and electricity transmission, across a wide range of stakeholders.
Shouldice, Robert R. Borden Ladner Gervais LLP
(604) 640-4145 rshouldice@blg.com
Mr. Shouldice's highly ranked domestic and cross-border corporate and
commercial law practice for a broad range of clients in many jurisdictions
embraces public and private infrastructure projects, M&A, energy
and transportation-sector transactions and projects, and corporate
reorganizations and governance matters.
Shaban, Rick H. Borden Ladner Gervais LLP
(416) 367-6262 rshaban@blg.com
A recognized leading lawyer, Mr. Shaban is Past President and founding
Fellow of the Canadian College of Construction Lawyers and Co-Director and
Advisory Board Co-Chair, Osgoode Hall Certificate Program, Public-Private
Partnerships. His practice focuses on all aspects of project delivery, including
agreements, RFQ/RFP/Tendering, construction disputes, insurance
and surety-related matters.
Sebastiano, Rocco M. Osler, Hoskin & Harcourt LLP
(416) 862-5859 rsebastiano@osler.com
Mr. Sebastiano, also an engineer, focuses on infrastructure and P3 projects.
He has advised on projects such as Highway 407 ETR, Spadina Subway
Extension, Union Pearson Express, Maritime Link, St. Michael's Hospital
Redevelopment and Toronto Pearson Airport.
Scott, T.E. (Ted) McMillan LLP
(416) 865-7183 ted.scott@mcmillan.ca
Mr. Scott's domestic and cross-border transactional practice includes a
focus on energy. His experience embraces M&A, PE, corporate finance,
JVs, strategic alliances and complex commercial transactions. He has
broad experience acting for public and private corporations and financial
institutions in transactions and general commercial matters.
LEXPERT-RANKED LAWYERS
Tier III-certification.
Defence Construction Canada was represented by Bor-
den Ladner Gervais LLP with a team that included R ichard
Shaban, Kasim Salim, Andrew Smith, Shane Pearlman and
Arthur Nahas.
UIP was represented by Blake, Cassels & Graydon LLP with a
team that included Catherine Doyle, Lisha Li and Leila Yacoubi
(financial services), Vivian Kung, Andrew ompson, David
Mender, Jenny Paramonova and eresa Chan (corporate),
Bryan Bailey and Casey Richardson-Scott (tax). BB UIP Inc.,
a partner in UIP and a wholly owned subsidiary of BB Group
Canada Inc., was represented in house by David Rosenberg.
Brookfield Global Integrated Solutions Canada LP will act as
the Service Provider and was represented in house by Andrew
McLachlin and Simon Chung, with assistance from Dentons
Canada LLP with a team that included Anca Neacsu and Lam-
pros Stougiannos.
e lenders were represented by McCarthy Tétrault LLP
with a team that included Linda Brown, Samantha Cunliffe,
Liezl Behm and Ailbish Skinner.
ETOBICOKE GENERAL
HOSPITAL PHASE 1 PATIENT
TOWER PROJECT REACHES
FINANCIAL CLOSE
On May 6, 2016, William Osler Health System (Osler) and
Infrastructure Ontario reached Financial Close with Etobicoke
Healthcare Partnership LP to design, build, finance and main-
tain the Etobicoke Phase 1 Patient Tower Project.
Financing for the project is being provided through a short
and long term credit facility with BNY Trust Company of
Canada acting as security agent and Sumitomo Mitsui Banking
Corporation, e Toronto-Dominion Bank and the Canada
Life Assurance Company as lenders. Equity is being provided by
Axium Infrastructure Canada II Limited Partnership and DIF
Infra 4 Canada Ltd.
WCC Construction Canada, ULC o/a Walsh Canada will
act as the Construction Contractor and ENGIE Services Inc.
will act as the Service Provider for the project.
e Phase 1 Patient Tower Project involves the construction
of a new four-storey wing which will add approximately 250,000
square feet of space to the existing Etobicoke General Hospital
and will include a larger state-of-the-art emergency department,
an ICU/CCU nearly four times larger than the current facility's
space, a maternal newborn unit with birthing suites and a special-
ized Level II nursery for patients with non-life-threatening com-
plications, and an ambulatory procedures unit. e project will
focus on sustainable design and construction features with the
goal of achieving the Leadership in Energy and Design (LEED®)
Silver Certification.
Etobicoke Healthcare Partnership LP will receive annual
payments from Osler over a 30-year period. Payments cover
construction, building maintenance, lifecycle repair and re-
newal, and project financing. e contract is valued at $330 mil-
lion, which reflects the substantial completion payment and the
monthly service payments before inflation adjustments.
e Osler and Infrastructure Ontario legal team was led
in-house by Marty Venalainen, Legal Counsel with Infra-
structure Ontario and by Christopher Parkes, Legal Counsel
