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 19 Hudec, Albert J. Farris, Vaughan, Wills & Murphy LLP (604) 661-9356 ahudec@farris.com Mr. Hudec is an M&A and securities practitioner with 30+ years' experience in cross-border mergers & acquisitions, public and private equity and debt financings (including bought deals and tax-incentive financings), corporate governance and board and independent committee representation. He also practises extensively in the area of Aboriginal law, leading consultations on major resource projects. Howe, Robert Goodmans LLP (416) 597-5158 rhowe@goodmans.ca Mr. Howe practises infrastructure, administrative and regulatory law, empha- sizing on municipal and land development matters. He focuses on all aspects of land development for private- and public-sector clients throughout Ontario, especially the financial aspects of land development, including the financing of significant public infrastructure projects and development charge matters. Holder, Faithe H. Gowling WLG (416) 369-7113 faithe.holder@gowlingwlg.com Ms. Holder is a partner in the firm's Real Estate, Environmental and Urban Development Department, based in the firm's Toronto office. She focuses her practice in infrastructure/P3, commercial real estate and construction law. Henderson, Philip J. Stikeman Elliott LLP (416) 869-5691 phenderson@stikeman.com Mr. Henderson is a partner in the Toronto office and co-head of the firm's Financial Products & Services Group. His practice focuses principally on corporate finance, mergers and acquisitions, capital markets and securities law matters. He has extensive experience with a broad range of financings, structured transactions and M&A transactions. Heard, Joel A. Osler, Hoskin & Harcourt LLP (416) 862-6847 jheard@osler.com Mr. Heard's practice focuses on construction law in relation to infrastructure, energy and other large capital projects. He advises clients on project struc- turing and teaming arrangements (including PPP, EPC, design-build, EPCM, O&M, joint ventures, subcontracting), procurement, contract documentation, risk identification and mitigation, project execution issues and claims analy- sis and avoidance. Haythorne, John S. Dentons Canada LLP (604) 691-6456 john.haythorne@dentons.com Mr. Haythorne is the Vancouver lead and National Co-Chair of Dentons Canada's Infrastructure and PPP group. He practises in the areas of construc- tion, engineering and infrastructure. He is particularly experienced in public- private partnerships, advising owners on the structure and administration of procurement and legal issues relating to design and construction. LEXPERT-RANKED LAWYERS ink of every project, which can oen have a life- span of 30 to 35 years, "as a big bundle of risk," says Ben- nett. "e government has to decide how that bundle, commercially, is going to be divvied up between it and the private sector. We need to anticipate and document every risk and have the contracts tell you what will hap- pen if one of those risks come to pass." P3 lawyers must work with the financial technical experts to ensure the bankability of the projects, says Massicotte. "e lawyers need to be conscious that it's a long-term partnership between the public and private partner, whose role will be to take care of the facility maintenance. ey have to be conscious that the private sector will have to deliver an Infrastructure and the ser- vices to create the proper environment for the delivery of an essential public service." In fulfilling that role, he says, lawyers should be aware that "bankability is an art, not a science," and that cir- cumstances can be different if, for example, the project is located in an urban centre or in the suburbs. "In the suburbs, for example, you likely have greenfields that have no contamination, nor any access issues."

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