14 LEXPERT
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2017
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WWW.LEXPERT.CA
Gilbert, Geoffrey G. Norton Rose Fulbright Canada LLP
(613) 780-3764 geoffrey.gilbert@nortonrosefulbright.com
Mr. Gilbert practises in the area of project finance, with an emphasis on
public-private partnerships and infrastructure transactions. He regularly
advises public authorities, private-sector participants and lenders, among
others, on large and innovative projects in Canada. He has been particularly
active in the LRT space.
Garrett, Crae Norton Rose Fulbright Canada LLP
(403) 267-8254 crae.garrett@nortonrosefulbright.com
Mr. Garrett's transaction-based business law practice focuses on infrastruc-
ture, energy, resources and mining in Canada, Africa, SE Asia and the CIS. He
has particular experience in delivering successful transaction, infrastructure
and structuring mandates in jurisdictions where the local business environ-
ment is unstable or has regulatory or other challenges.
Gagnon, Nicolas Lavery, de Billy, L.L.P.
(514) 877-3046 ngagnon@lavery.ca
Mr. Gagnon's practice embraces infrastructure and institutional projects, in-
cluding P3s, and focuses on project agreements, negotiations, procurement,
default remedy, multi-party litigation and surety-related matters. He advises
public- and private-sector clients, construction professionals, contractors
and surety companies at every stage of construction projects.
Freitag, Shane Borden Ladner Gervais LLP
(416) 367-6137 sfreitag@blg.com
Mr. Freitag is the Toronto co-chair of BLG's Electricity Markets Group. His
practice focuses on corporate, commercial and regulatory matters arising
from the resource and infrastructure sectors including electricity, gas and
water. Mr. Freitag is also Secretary-Treasurer of the IBA Section on Energy,
Environment, Natural Resources and Infrastructure Law.
Fransen, Aaron Stikeman Elliott LLP
(416) 869-5231 afransen@stikeman.com
Mr. Fransen is a partner and member of the Corporate Group and the Project
Finance Group. His practice focuses on project finance of infrastructure and
energy projects in the bond and bank markets. He also represents corporate
clients in M&A and other strategic transactions. His clients include banks,
government entities, resource companies, media and telecom companies
and private equity firms.
Fowler, Bruce E. Borden Ladner Gervais LLP
(416) 367-6194 bfowler@blg.com
A senior partner at BLG and widely recognized for expertise in lending and
project finance, Mr. Fowler advises developers, sponsors, proponents and
lenders engaged in the acquisition, development, financing and procure-
ment of infrastructure, energy and construction projects. His mandates have
included major power, transportation, hospital and other social infrastructure
projects across Canada.
LEXPERT-RANKED LAWYERS
all over the world — so in Washington at the World
Bank but also on the ground, connecting them with
local counsel. [at way they will know] this is what
the permitting website says, how long will this actually
take and what is the risk that my competitor who is also
buying up land next door will get their permit ahead
of mine?"
It's this kind of granular information that Infrastruc-
ture firms need to know before they start signing con-
tracts. Sharon Vogel, a partner at Borden Ladner Ger-
vais LLP and national leader of the firm's construction
group, advises clients "to think very carefully about the
relevant risks, the nature of the project and the regula-
tory capacity in that country."
Additionally, she suggests that firms consider con-
tracts requiring that disagreements be settled through
international arbitration as opposed to local legal sys-
tems. at way, there's more certainty that rulings can
be enforced.
Given the risks, it's perhaps not surprising that many
Canadian Infrastructure firms conclude the grass is
greener on their side of the fence. e need for Infra-
structure in the domestic market is healthy and they
know the landscape. So why take chances? Judy Wil-
son, a partner at Blake, Cassels & Graydon LLP, argues
that's not the way to look at it.
Wilson has been involved in projects across Can-
ada and in much of the developing world. Mostly, she's
worked on the government side. But she's had the op-
portunity to experience successful projects and she
knows firsthand that it makes sense for firms to con-
sider broadening their client base.
"It's a very busy market in Canada, but as we all know,
you have to be conscientious about your diversity and
your capability to grow. Anybody in Infrastructure has
to be concerned about down the road. e low-hanging
fruit can't last forever. We have got to have another mar-
ket to serve other than the Canadian market if we are to
continue to prosper."
"
"The Canadian P3 experience
is a large one. Canada, the
UK and Australia are really at
the forefront of the world. …
Canadians can compete against
anybody provided the rules are
public, well known, and there
is transparency and integrity
[in the bidding process]."
- Erik Richer La Flèche, Stikeman Elliott LLP
