26 LEXPERT
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2016
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WWW.LEXPERT.CA
Martins, Manuel A. Gowling WLG
(519) 575-7542 manuel.martins@gowlingwlg.com
Mr. Martins acts for and advises owners, investors and lenders in the
renewable energy and infrastructure industry including purchase, sale,
leasing and financing transactions. He is also the leader of Gowling WLG's
Real Estate Practice Group in Canada.
Martin, Steven R. Davies Ward Phillips
& Vineberg LLP (416) 863-5572 smartin@dwpv.com
Mr. Martin acts on P3, property development, project financing and JV
projects in Canada and the US, and has extensive experience in the social
and transportation P3 sectors. He has led transactions that include
hospitals, bridges and courthouses.
Martin, Karen Dentons Canada LLP
(604) 691-6455 karen.martin@dentons.com
Ms. Martin's practice focuses on avoiding and resolving disputes on
construction, infrastructure and PPP projects. She advises on risk
minimization during procurement and construction, and acts as counsel
in mediations, arbitrations and litigation.
Manzer, Alison R. Cassels Brock & Blackwell LLP
(416) 869-5469 amanzer@casselsbrock.com
Ms. Manzer's practice covers a broad range in the financial services sector,
including financial institution regulation, corporate & commercial lending,
asset-based financing, securitization and structured finance, private-
equity, project finance, asset finance and leasing, business reorganization
and syndicated lending. A significant part of her practice involves multi-
jurisdiction transactions.
Mantini, S. Paul Bennett Jones LLP
(416) 777-4837 mantinisp@bennettjones.com
Mr. Mantini practises public infrastructure, commercial real estate
(with an emphasis on project finance), corporate/commercial (with
an emphasis on lending and secured transactions) and gaming law.
His experience encompasses some of Canada's largest projects, including
Toronto Waterfront Revitalization, Niagara Fallsview Casino and MaRS
Discovery District.
Maguire, Patrick T. Bennett Jones LLP
(403) 298-3184 maguirep@bennettjones.com
Mr. Maguire's practice spans all areas of commercial energy law including
energy project and infrastructure development, joint ventures and asset
and share sales. Most recently, he has been particularly active in connection
with the development, sale and use of pipelines, gas plants and related
energy infrastructure.
LEXPERT-RANKED LAWYERS
the parties can't know for sure what type of soil will be
underneath the project. A geotechnical engineer will
drill bore holes around the site but there is never perfect
knowledge of what is beneath the ground.
Almost every project runs into unexpected soils,
either contamination or a different calibre of soil, e.g.,
silty soil, which needs to be replaced with sand or grav-
el. Historically, contracts allocated all the risk for soil
problems to the contractor, but recent contracts try to
balance the risk more fairly by saying that a "reasonable
and prudent contractor," by reading the soils report,
should have known bad soils were there.
In the case of transit infrastructure projects, the sin-
gle biggest issue that may arise is the presence of utilities.
"If you're digging a subway tunnel, then sewers, gas con-
nections and fibre-optic cable may have to be moved,"
says Ackerley. "e contractor typically doesn't have
influence over those utilities and yet is expected by the
owner to work with them to get these service connec-
tions out of the way. at's a recipe for real challenges."
"[P3] projects tend to be
more complex and large in
engineering terms so there is
more potential for issues to
arise but, given the contractual
provisions in many of those
… projects, I would say
the potential for litigation
[in Canada] has actually
decreased."
- Sharon Vogel, Borden Ladner Gervais LLP