Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.
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12 LEXPERT MAGAZINE | JANUARY/FEBRUARY 2017 | RECENT DEVELOPMENTS IN BUSINESS LAW | degree of independent report. It extends the time to get to resolution, and adds to the cost of resolution." Innovation "When you engage as a public agency, you have to have innovation in mind," said An- drée Blais, a partner in Nossaman LLP in Los Angeles who previously advised Cana- dian public sector owners on project devel- opment, delivery model selection, procure- ment, closing and contract administration. "Something agencies need to figure out is competing principles of publication, the need for transparency and restrictions in procuring." In order to engage in innova- tion, public agencies need to be involved in projects from the beginning, Blais added, and to focus on their goals for the project in order to develop specs, etc., that will achieve those goals. In the United States, the Alternative Technical Concept (ATC), a flexible con- tracting process, is most commonly used in design-build project delivery, Blais noted. e ATC approach promotes competition and the exchange of innovative approaches early in the design process, and the project owner has the chance to consider submis- sions privately and select the design and construction solutions that offer the best value. "en, that ATC is stapled onto the project agreement, and supersedes contrac- tual terms that don't comply with it." However, Catherine Doyle, a partner in Blake, Cassels & Graydon LLP in Toronto and whose firm acts for the private sector, told session participants that "ATCs have come and gone in Canada," and that In- frastructure Ontario has done away with it. Canada-US Relations Douglas George, Canada's consul general in Detroit, discussed Canadian-American trade relations and projects in the pipeline during a luncheon keynote address. "Canada-US relations have been so broad and so deep that the two countries will work well together no matter who's in office," George said, noting that Canada's ambassador to the United States, David MacNaughton, "doesn't see that relation- ship changing." President-elect Donald Trump has offered support for improving infrastructure, and has said he sees a need for private-sector involvement. e Canada-US relationship is the larg- est trade relationship in the world by far, George added, amounting to $880 bil- lion a year and $2.4 billion a day in goods and services crossing the border. Canada exports twice to Michigan what we do to China, George noted, and buys more from the United States than from China, Japan and the UK combined. "We work together to compete around the world," George said, and this relationship is "underpinned by deeply efficient infrastructure. We operate over 100 points of entry; 400,000 people use this infrastructure every day." One major infrastructure project is the Gordie Howe International Bridge, planned to be constructed across the De- troit River. e bridge will be located at the busiest trade crossing between Canada and United States, making it faster and safer for people as well as goods to travel from one country to another. "e Gordie Howe Bridge will serve as an ambassador to two countries," George said. e government is also exploring the need for high-speed rail lines along the Vancouver-to-Seattle and Toronto-to-New York corridors. But while the US-Canada relationship is strong, it has its challenges, George noted. Protectionist talk was strong throughout the US presidential campaign, putting joint projects such as bridges, roads and railroads potentially at risk. "We will continue to work with you to make a case to Congress that protection- ism hurts the competitiveness of compa- nies on both sides of the border," George said, concluding that "we are optimistic about infrastructure projects moving for- ward around the world." ON THE TREND Which P3s are getting funded? The P3 Canada Fund, established by the previous Conservative government, has doled out over $1 billion to fund two dozen projects, most of which are located outside cities or in remote country. The new Liberal government has shown less enthusiasm for P3s, taking the onus off cities and provinces to form partnerships with business. GRAPHIC BY DAVID DIAS; SOURCE P3 CANADA