Lexpert Special Editions

Special Edition on Infrastructure 2017

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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26 LEXPERT | 2017 | WWW.LEXPERT.CA Mondrow, Ian A. Gowling WLG (416) 369-4670 ian.mondrow@gowlingwlg.com Mr. Mondrow leads Gowling WLG's energy regulation and policy practice in Toronto. He advises on a variety of matters in the natural gas and electricity sectors, including energy policy, regulatory policy and process, rates and tariff matters, facilities applications and compliance and licensing issues. Mitchell, Craig Stikeman Elliott LLP (416) 869-5509 cmitchell@stikeman.com Mr. Mitchell is a partner in the Banking & Finance Group with a practice focus on restructurings and workouts. He has expertise in private acquisition financings, take-over bid financings, debtor-in-possession financings, asset- based lending and mezzanine lending. He counsels both lenders and borrow- ers on domestic and cross-border financings internationally. Messinger, Stephen J. Minden Gross LLP (416) 369-4147 smessinger@mindengross.com Mr. Messinger focuses on commercial development and leasing. He acts for developers, property managers, trust companies, pension funds and retail chains. A frequent lecturer, he is recognized as a most frequently recom- mended leasing lawyer. Merrick, Jeffrey Blake, Cassels & Graydon LLP (604) 631-3386 jeff.merrick@blakes.com Mr. Merrick practises in the areas of commercial real estate and project financing law with an emphasis on P3 projects. He has substantial expertise in all aspects of investing in and developing commercial real estate and infrastructure projects. His clients include private equity funds, Canadian pension funds, as well as other private investors. Ménard, Yves J. Borden Ladner Gervais LLP (613) 787-3518 ymenard@blg.com Mr. Ménard is the Business Law Leader in BLG's Ottawa office. His practice focuses on real estate, corporate/commercial, construction and procurement law, with emphasis on real estate acquisition and financing, construction contracts, procurement and business acquisition. He has advised public institutions on complex P3 infrastructure projects from recreational facilities to transit projects. McLellan, Bradley N. WeirFoulds LLP (416) 947-5017 bmclellan@weirfoulds.com Mr. McLellan is the Co-chair of WeirFoulds's Infrastructure and Public Proj- ects Practice, and Chair of the Commercial Real Estate Practice. He acts for municipalities in the planning and development of infrastructure projects, including the award-winning York Region VIVA rapid transit project since 2002. He has also worked for municipalities on numerous sports and enter- tainment centre projects. LEXPERT-RANKED LAWYERS the Union Pearson Airlink Group, which is a subsidiary of SNC-Lavalin. "It was meant to be a revenue-risk project," he says. SNC-Lavalin was to build and operate the rail link as a commercial operation, paying the capital costs and re- couping them from the fare box. But aer two years of failed negotiations — including, says Murphy, the On- tario government's refusal to cover the risk of the pro- ject — SNC-Lavalin's Union Pearson AirLink Group walked away, and Crown agency Metrolinx took over the ownership and operation of UP Express. "If the Bank had been around it could have provided support to the project, and even if the project was not economically successful, the province would have been better off in two ways," says Murphy. "First, it would have had the expertise of a private-sector entity looking to operate it efficiently and well so as to encourage riders, and second, even in the circumstance where the project did not succeed, the project would still have benefited from the contribution of the SNC equity." e Bank will not take over the business of granting Infrastructure money, says Jane Bird, who works in com- plex public and private construction and Infrastructure initiatives with Bennett Jones LLP in Vancouver. "e vast majority of [granting ] will come through the traditional source: Infrastructure Canada." A small portion of that funding will be available through the bank, which can play a significant role, she says, through direct investment of money allocated and facilitating

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