22 LEXPERT
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2016
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WWW.LEXPERT.CA
Lantz, Calvin W. Stikeman Elliott LLP
(416) 869-5669 clantz@stikeman.com
Mr. Lantz is a partner in the Toronto office and a member in the firm's
Municipal Group and Public-Private Partnership/Infrastructure Group.
Mr. Lantz is a Certified Specialist in Municipal Law (Land Use Planning
& Development). He appears before municipal and administrative bodies,
securing approvals for residential, commercial, industrial, institutional
and PPP clients.
Lalonde, Paul M. Dentons Canada LLP
(416) 361-2372 paul.lalonde@dentons.com
Mr. Lalonde focuses on government contracting law, international trade,
anti-corruption and international arbitration. He is one of Canada's leading
experts on government procurement. He has represented clients in numerous
government contracting disputes, including before the Canadian International
Trade Tribunal, the Federal Court of Canada and provincial tribunals.
Lacy, Alison Fasken Martineau DuMoulin LLP
(416) 868-7891 alacy@fasken.com
Ms. Lacy's practice focuses on the procurement, project development and
project financing of large capital projects in the mining, infrastructure and
energy sectors. She has advised on projects throughout Latin America as well
as in Canada and India. She is currently working on projects in Chile, Peru,
Panama and Canada.
Kussner, Barnet H. WeirFoulds LLP
(416) 947-5079 bkussner@weirfoulds.com
Mr. Kussner's municipal law practice covers P3s, public infrastructure and
other municipal capital facilities, high-density and mixed-use development
applications, and Official Plan and Secondary Plan reviews. He has extensive
experience acting for public- and private-sector clients before municipal
councils, the Ontario Municipal Board and all court levels, including
the Supreme Court of Canada.
Krawchuk, Leanne C. Dentons Canada LLP
(780) 423-7198 leanne.krawchuk@dentons.com
Ms. Krawchuk advises mining producers in Canada on corporate/commercial,
construction and procurement, corporate finance and securities, mergers
and acquisitions and other mining legal matters including the negotiation
of supply agreements with electricity producers. She advises on royalties,
price reviews, dedication and unitization agreements and assignments
and transfers of mining interests.
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 oilfield services industries. He acts
for strategic acquirers and financial investors, local management teams
and investment dealers.
LEXPERT-RANKED LAWYERS
Bhasin is whether it's something different from [exist-
ing requirements]."
Krupat notes that since Bhasin, which doesn't spe-
cifically refer to tendering and construction, "there
have been a few lower-court decisions that have talked
about Bhasin in the combination of the tendering and
construction context."
He gives the example of a case called Combined Air
Mechanical Services v. Computer Room Services Corp.
CRSC had named Combined Air as its mechanical
contractor on a design/build project of HVAC systems
for the computer systems of Hydro One. Aer CRSC
won the bid it subcontracted the mechanical services
to another, less expensive, company. Combined Air
sued CRSC for lost profit and was awarded just over
$500,000. "is is an example of a case that shows the
willingness to import Bhasin into the tendering law
realm," he says. "I could see that having an impact on
construction and P3 projects."
Two recent appeals, both heard at the same time in
the Supreme Court of the United Kingdom, might also
have an impact on P3s. "e ruling could be a game
changer," says Jane Sidnell, a partner in the Calgary of-
fice of Rose LLP.
e November 2015 decisions involved an £85 park-
ing ticket (the recipient felt it was "unfair and dispro-
portionate") and, in the other, more than US$44 mil-
lion assessed against a co-owner of a company for hav-
ing breached two covenants governing the sale of his
company to another party. He claimed the covenants
constituted penalty clauses and weren't enforceable.
e combined rulings – one against the parking
ticket recipient; the other in favour of the man who
breached the covenants – changed the UK's law relat-
ing to liquidated damages (the "pre-estimated" amount
"[The new ethical standards
mean that companies must be
aware] of whether or not your
or your sister's sister company
that operates out of – pick
a jurisdiction in the world –
has been charged under the
Competition Act, under the
Criminal Code or broken any
other applicable rules, such
as collusion, of which there
have been a number
of cases in Europe involving
large construction companies
or their affiliates."
- Greg Southam, Davies Ward Phillips & Vineberg LLP
