WWW.LEXPERT.CA
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2017
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LEXPERT 17
Green, Bram J. Goodmans LLP
(416) 597-4153 bgreen@goodmans.ca
Mr. Green's commercial real estate practice focuses on acquisitions and di-
vestitures, joint ventures, secured lending, hospitality, public/private projects
and renewable energy generation projects. He regularly acts for domestic and
international renewable energy companies in all aspects of the development
of utility-scale solar and wind power projects.
Graham, Gary D. Gowling WLG
(905) 540-3255 gary.graham@gowlingwlg.com
The founding partner of the Hamilton office of Gowling WLG, Mr. Graham
is a business law lawyer. A former President of Westinghouse Canada Inc.,
he has been advising clients in the manufacturing, energy and broader
public sectors for 25+ years.
Gordon, Carolena Clyde & Co Canada LLP
(514) 764-3664 carolena.gordon@clydeco.ca
Ms. Gordon advises construction firms, construction professionals and their
insurers in infrastructure projects. A creative and commercially minded
problem-solver with extensive trial experience, she is known for her expertise
in early mediation and negotiation in complex and multi-party litigation.
Over 24 years, she has built a strong reputation as a strategic thinker
in dispute resolution.
Godber, H. John Borden Ladner Gervais LLP
(514) 954-3165 jgodber@blg.com
A partner in BLG's Corporate Commercial Group, Mr. Godber specializes in
corporate law with an emphasis on mergers & acquisitions, corporate finance,
public-private infrastructure and corporate governance. He has advised many
of the firm's largest clients on their strategic acquisitions, joint ventures,
infrastructure projects and public offerings.
Glaholt, Duncan W. Glaholt LLP
(416) 368-8280 dwg@glaholt.com
Mr. Glaholt, C.Arb, is one of Canada's most highly recommended construction
lawyers, with experience in energy, infrastructure and mining projects. He is
a fellow of the CCCL, ACCL and IACL, and author of leading titles on construc-
tion law and ADR.
Gillott, Roger J. Osler, Hoskin & Harcourt LLP
(416) 862-6818 rgillott@osler.com
Mr. Gillott is regularly retained as litigation counsel on the largest infrastruc-
ture projects in Canada. He also advises on risk management in construction
projects, and tendering and procurement in the public and private sectors.
LEXPERT-RANKED LAWYERS
new facilities. "Healthcare was the starting point
[for P3s], leading the way at the very outset."
In the early days of P3s, their introduction into
the health-care sector was not without controversy.
"ere was a common misconception that these
were somehow privatizations," says Tara Mackay, a
partner at Torys LLP whose practice, until recently,
has been almost exclusively focused on P3s. Such
a concept, in a country that takes great pride in its
public health-care system, was of obvious concern
to many. "But there was never a sale of any health-
care asset to the private sector. e assets remain
public assets at all times. All that happens is that
the private sector participates."
Although many P3 health-care projects involve
budgets in "the billion- and multi-billion-dollar
range," says Mackay, "there are also a number that
are down as low as 50 to 100 million dollars using
the P3 model."
e model has been "an excellent approach to
health-care projects," says Alain Massicotte, who
heads the Montréal Infrastructure-P3 group for
Blake, Cassels & Graydon LLP, "because it allows
the public sector to attract not only private-sector
investment, but also their knowhow."
Over the years, interest from private-sector par-
ticipants outside of Canada has increased. "It has
created an environment where we have attracted
enterprises or international companies whose core
business is to build or design complex health-care
projects," he says.
Health-care P3s have enticed national and for-
eign investors. "e Japanese banks are very active
in the P3 market, mainly out of their New York of-
fices," says Mackay, who works in Canada and the
US. "We also see some large US-based institutional
investors, [especially] life insurance companies
[and pension funds] there and in Canada as well."
What does a lawyer bring to a P3 project? "A
lot of elements but the most important is the con-
tractual discipline," says Bennett, who was involved
in the first major health-care P3 transaction in
Canada — the William Osler Health Centre in
the Etobicoke district of Toronto — to reach a
financial close. "Good P3 lawyers have to have an
understanding of the master risk allocation going
on and how that risk is managed between the par-
ties. Where we add the most value is being able to
translate that commercial risk allocation into a very
thick set of paper, which is what these deals are —
document intensive."
If a lawyer is working for the government, says
Mackay, "we help the public sector structure and
prepare their procurement documents. We help
them prepare a project agreement and then nego-
tiate the project agreement with the private sector.
And if acting for the private sector, we're reviewing
the project agreements and helping them negotiate
their subcontracts and their financing documents."
