16 LEXPERT
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2016
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WWW.LEXPERT.CA
Gretener, Nicholas M. Bennett Jones LLP
(403) 298-3405 gretenern@bennettjones.com
Mr. Gretener's practice focuses on the regulatory and commercial aspects
of operations along the energy chain from Upstream (production–generation)
to Midstream (processing–transmission) to Downstream (distribution–
consumption). He negotiates and drafts energy contracts, pipeline
transportation agreements and oil & gas transportation tariffs
and has worked on pipeline project financings.
Greenfield, QC, Donald E. Bennett Jones LLP
(403) 298-3248 greenfieldd@bennettjones.com
Mr. Greenfield's energy practice spans asset and share sales and
acquisitions, LNG, midstream and other project development, production
sale contracts, JVs and limited partnerships in Canada and abroad,
and Investment Canada Act matters.
Graham, Gary D. Gowling WLG
(905) 540-3255 gary.graham@gowlingwlg.com
Gowling's Hamilton founding partner, Mr. Graham is a business law lawyer.
A former President of Westinghouse Canada Inc., he has been advising clients
in the manufacturing, energy and broader public sectors for 25+ years.
Gordon, Carolena Clyde & Co Canada LLP
(514) 764-3664 carolena.gordon@clydeco.ca
Ms. Gordon advises construction firms, construction professionals and their
insurers in infrastructure projects. A creative and commercially minded
problem-solver with extensive trial experience, she is an expert in early
mediation and negotiation in complex and multi-party litigation.
Over 23 years, she has built a strong reputation as a strategic thinker
in dispute resolution.
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.
Gillott, Roger J. Osler, Hoskin & Harcourt LLP
(416) 862-6818 rgillott@osler.com
Mr. Gillott focuses on construction litigation, arbitration and dispute
resolution at all levels of court and tribunals. He advises on risk management
in construction contracts, and tendering and procurement in the public
and private sectors.
LEXPERT-RANKED LAWYERS
nies and other large capital pools that use them to offset
long-term liabilities.
Big pools of capital like big projects. It's that simple.
ey haven't found projects under $1 billion interest-
ing, with the due diligence, legal and other professional
work eating up too much of the potential return.
"e big pension funds in Canada, the big pools of
cash, the one complaint they've had up to now is that
there are few very large projects in Canada," says Erik
Richer La Flèche, who co-heads the Infrastructure
Group at Stikeman Elliott LLP in Montréal.
While all the larger transit-related projects are at-
tracting attention, one in particular is seen as a serious
potential game changer. It is the Caisse de dépôt et
placement du Q uébec effectively acting as the project
developer and issuer on Montréal's $5.5-billion light
rail network.
Richer La Flèche calls it a new model of "public-pub-
lic" partnership for a government-initiated project.
Normally, the role Q uébec's pension fund is taking
would be assumed by the private entity that is going to
build and operate the highway or rail network.
e Caisse de dépôt – created by an Act of Q uébec's
National Assembly – is effectively cutting out the mid-
dle man. "In something like this, the Caisse provides a
buffer for the government in terms of political consid-
erations — local content, tariffs, location, lobbying and
that kind of thing."
e Caisse has said it is willing to assume $3 billion
of the estimated total cost but was looking to Ottawa
and Q uébec City to kick in the balance.
Richer La Flèche says having a behemoth like the
Caisse put up the money needed to become a preferred
proponent (or bidder) – a process that oen requires
private entities to get and hold hundreds of millions of
dollars in financing for six to eight weeks while the gov-
ernment makes its choice – is a boon for the private sec-
tor because it frees them up to work on more projects.
"Most design-build contractors would prefer to leave
the financing to the owner. It impacts their ability to
"Bank of Tokyo-Mitsubishi
UFJ have been very active
in renewable energy like wind
and solar, and are becoming
more active in Canada.
I think they're doing some P3
financing as well. Sumitomo
Mitsui has been active in both
those areas. They were one
of the short-term lenders on
the bank side on the Edmonton
Valley Line [light rail]."
- Carol Pennycook, Davies Ward Phillips & Vineberg LLP
