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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WWW.LEXPERT.CA | 2017 | LEXPERT 11 Dietze, Sterling H. Stikeman Elliott LLP (514) 397-3076 sdietze@stikeman.com Mr. Dietze's domestic and foreign institutional financing and banking practice extends to PPPs and infrastructure. He advises borrowers and lenders. His experience embraces infrastructure, project and international financing transactions. Dépelteau, Jean-Pierre Dentons Canada LLP (514) 878-8814 j-p.depelteau@dentons.com Mr. Dépelteau is a member of the Construction and Infrastructure group of Dentons Canada LLP's Montréal office, with over 40 years of experience in the construction industry. He provides legal and strategic advice to a variety of public, semi-public and private-sector owners, as well as construction contractors, specialized construction companies and equipment suppliers. David, Guy Gowling WLG (613) 786-0247 guy.david@gowlingwlg.com Mr. David practises in domestic and international project finance, PPPs and renewal energy financing, debt capital markets, aircraft and airport financing, and financial regulatory law. He is co-author of David and Legault-Dooley, The Annotated Bank Act. Dagenais, Jean-François BCF LLP (514) 397-2645 jean-francois.dagenais@bcf.ca Mr. Dagenais specializes in construction and real estate development law. Renowned as a fierce litigant, he is also often called upon to play a role equivalent to in-house counsel, and has solid experience in mediation and arbitration. He actively participates in amendments to the regulatory frame- work governing the construction industry in Québec through consultations with government authorities. D'Amour, Normand Miller Thomson LLP (514) 871-5487 ndamour@millerthomson.com Mr. D'Amour is a leading lawyer in construction law, specializing in writing and negotiating contracts, interpreting statutes, litigation, mediation and arbitration. He regularly represents clients before courts of law, arbitrators and mediators. Carson, Lorne W. Osler, Hoskin & Harcourt LLP (403) 260-7083 lcarson@osler.com Mr. Carson, also an engineer, focuses on domestic and international project development as well as bank and capital markets financing in the infrastruc- ture, electrical power, renewables, oil and gas and other sectors. LEXPERT-RANKED LAWYERS into emerging countries "are going to have to de- vote a lot of senior resources to this; people are go- ing to have to learn on the job." He adds, "You're going to have to learn to do business in a different environment. It's very demanding." Still, the reward is there for those willing to make the investment. Richer La Flèche declines to go into detail about his work, but it is safe to say his services are in de- mand. He has worked on Infrastructure projects in dozens of developing countries, including Cuba, the Bahamas, Costa Rica, Cuba, South Africa, Sri Lanka, Guinea, Senegal, Bahrain and Armenia. He's acted for governments, corporations and lenders, so he's familiar with the territory. Most of the major players in the field are inter- national firms headquartered in Europe or the US, and he suggests that some Canadian firms may stay away from developing world projects because they feel they lack the pedigree or name recogni- tion of some of the dominant companies. But that is a mistake. "Canadians can compete against any- body provided the rules are public, well known, and there is transparency and integrity [in the bid- ding process]," he says. Indeed, being from the Great White North can be an advantage because this country doesn't carry a lot of cultural baggage — we're the only G7 coun- try that was never a colonial power, he says. And when it comes to countries such as Cuba, Canada never had an embargo, says Richer La Flèche. More importantly, this country has had signifi- cant experience with P3s. Due to the high cost of roads, railways and other kinds of Infrastructure, governments are increasingly turning to the pri- vate sector to share the load in exchange for a piece of the profits, and the P3 model has become the vehicle of choice. Starting in the early 2000s, Ottawa and the provinces embarked on a series of ambitious P3s. BC was the first, launching more than $10 bil- lion of mostly transportation projects in the early 2000s. Later, Alberta and central Canada took the ball with the construction of new hospitals and more roads. Today, those projects are heralded as examples of how P3s should be done. "e Canadian P3 experience is a large one. Canada, the UK and Australia are really at the forefront of the world," says Richer La Flèche. A key challenge for any major Infrastructure project in the developing world is credit. Many governments struggle to pay for essential transpor- tation and power supply. Since regions like Africa and Latin America are oen dependent on nat- ural resources, government revenue tends to rise and fall with commodity prices, which means the money may run out before the project is built. at's usually not a major concern in OECD countries, but in the developing world, it should

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