12 LEXPERT
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2017
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WWW.LEXPERT.CA
Duffy, Philipp De Grandpré Chait LLP
(514) 878-7625 pduffy@dgclex.com
Mr. Duffy practises in the areas of real estate and infrastructure, including
public-private partnerships and large design-build projects. His expertise
extends to procurement process, project development, construction and
operations management issues. His work includes involvement in many major
transportation and social infrastructure projects transformative to the Mon-
tréal Metropolitan Area.
Duffy, Patrick G. Stikeman Elliott LLP
(416) 869-5257 pduffy@stikeman.com
Mr. Duffy is a partner in the Toronto office with a practice in project
development. He has considerable experience dealing with environmental
assessments and other regulatory approvals in a variety of sectors,
including renewable and non-renewable electricity generation, electricity
transmission, mining, transit and transportation, aggregate quarries
and waste management.
Doyle, Catherine Blake, Cassels & Graydon LLP
(416) 863-4160 catherine.doyle@blakes.com
Ms. Doyle is a financial services lawyer whose practice focuses on project
finance, infrastructure, P3 and structured finance law. She regularly advises
proponents of infrastructure projects in the transportation, social infrastruc-
ture, alternative energy, power and health-care sectors. She has also
represented a wide variety of financial institutions in the financing
of infrastructure assets.
Dorion, Robert Gowling WLG
(514) 392-9506 robert.dorion@gowlingwlg.com
Mr. Dorion specializes in business law with an emphasis on corporate com-
mercial law, M&A and tax law. He has developed expertise in corporate
reorganizations, acquisitions, mergers and consolidations, contract negotiat-
ing, public and private financing, and securities. His large clientele includes
public and private companies working in local, national and international
economic sectors.
Doolan, John A. Miller Thomson LLP
(604) 643-1236 jdoolan@millerthomson.com
Mr. Doolan is a partner with Miller Thomson Vancouver. He has extensive ex-
perience in commercial real estate and Aboriginal law, with a focus on strate-
gic planning, major projects and structuring transactions. He represents both
First Nations and developers, including acting for Tsawwassen First Nation
on the Tsawwassen Commons shopping centre, infrastructure development
and industrial leasing.
Donald, Danna Osler, Hoskin & Harcourt LLP
(416) 862-4214 ddonald@osler.com
Ms. Donald's practice focuses on project finance, including social and trans-
portation infrastructure, renewable energy, public-private partnerships, and
syndicated and acquisition loan facilities. She has led Osler's commercial
team in providing advisory services on many infrastructure and energy trans-
actions including the debt and equity financing of some of Canada's largest
wind and solar projects.
LEXPERT-RANKED LAWYERS
PHOTO:
SHUTTERSTOCK
"
The people who are the most
successful at getting these
projects done will have a team
of lawyers, and they will use their
lawyers to open doors, all over
the world. So in Washington
at the World Bank but also
on the ground, connecting
them with local counsel."
- Danna Donald, Osler, Hoskin & Harcourt LLP
be top of mind for Infrastructure suppliers, says Doug-
las Younger, a partner at Aird & Berlis LLP and chair
of the firm's national Infrastructure team. Otherwise,
they risk being le high and dry when it comes time to
get paid.
According to Younger, there is a way around the
problem. P3 deals come in several versions. One in-
volves what are known as "availability payments," or
revenue streams that flow directly from a government
to a construction firm or other provider. is includes
payment to the company. In Canada, such structures
typically involve hospitals or other public service pro-
jects supported by income taxes. But deals around avail-
ability payments can be tough to implement in some
countries because "whoever the payor is, i.e., the govern-
ment entity, has to have a very good credit rating," says
Younger, who advises clients to avoid such deals.
e solution: look for deals where payment comes
directly from revenue generated by the project itself,
such as tolls collected from users of a bridge, fees from
a power project and so on. ese are known as revenue
deals. As long as the project is operating there will be fee
revenue generated.
"ose deals are doable because the private-sector
concessionaire is going to rely for payment not on the
government but on the toll revenue or the revenue from
operating the facility," says Younger.
Another way to reduce risk is to work on projects
sponsored by international organizations such as the
World Bank, the International Monetary Fund and
the African Development Bank. Not only do these so-
called multi-lateral development banks bring cash to
the table, they bolster the process by ensuring partici-
pants keep to an approved rule-based structure aimed at
eliminating corruption — oen a key concern.
ey may provide some of the financing and they
typically guarantee financing put forward by the other
lenders. "Say you have three banks who are all going to
chip in $1 million and then the World Bank says, ok, we
