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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20 LEXPERT | 2017 | WWW.LEXPERT.CA Johnson, Philippe Davies Ward Phillips & Vineberg LLP (514) 841-6501 pjohnson@dwpv.com Mr. Johnson is a Managing Partner of Davies. He advises leading companies — Canadian, US and international — on their most important Canadian invest- ments. He has advised clients on mergers and acquisitions, divestitures, private placements, financings, corporate reorganizations, joint ventures and other major projects. Cross-border and international deals are also a significant area of focus. Jenkins, William K. Dentons Canada LLP (403) 268-6835 bill.jenkins@dentons.com Mr. Jenkins is co-lead of Dentons's M&A team in Canada and has a transac- tion-based practice advising corporations, investment dealers and banks with respect to the structuring and implementation of mergers and acquisitions, equity and debt financings, project financings and joint ventures. Jackson, Richard J. Stikeman Elliott LLP (604) 631-1357 rjackson@stikeman.com Mr. Jackson is a partner & Department Head of the Commercial Real Estate Group in Vancouver. His practice emphasizes large commercial and resi- dential real estate transactions, including advising on all aspects of major multi-use real estate development projects. His practice also includes acting for the Province of British Columbia on all 4 modern-day land claims treaty with First Nations. Ivanoff, Paul A. Osler, Hoskin & Harcourt LLP (416) 862-4223 pivanoff@osler.com Mr. Ivanoff is a partner in the Litigation Department of Osler. His practice focuses on the litigation and arbitration of disputes related to infrastructure and construction projects including power projects, subways and industrial facilities. Hurley, John Gowling WLG (514) 392-9431 john.hurley@gowlingwlg.com Mr. Hurley has extensive experience in commercial and public law, with spe- cial emphasis on First Nations, energy and infrastructure, government rela- tions, regulatory matters, environmental law and international development. Hull, Robert G.S. Gowling WLG (416) 369-7313 robert.hull@gowlingwlg.com Mr. Hull specializes in infrastructure/energy fund formation on behalf of both managers/sponsors and institutional investors. In addition, he is active in establishing open- and closed-end real estate funds. He also represents domestic and international clients active in the Canadian infrastructure and energy sectors, including the supply chain. LEXPERT-RANKED LAWYERS At the end of the day, says Bennett, "a good P3 is a P3 that has balanced risk allocation to parties that are best able to bear and price them. e market sees the Canadian templates are very on the mark in this regard." Shaban agrees, adding that, "In the process [of allocating balance] some of the services get transferred over to the private sector, such as maintenance and cleaning." In the early days of health-care P3s, so called "so ser- vices," such as providing linen and food and landscap- ing, were included in the services provided by the pri- vate sector. ey were soon removed, however, partially to appease the political opponents concerned about the privatization optics. Another factor was the understand- able concern that it would not make sense to commit one supplier to a 30-year contract, for example, for these types of services. In helping clients produce effective documentation, P3 lawyers today can take advantage of templates that have been developed over the past 10 to 15 years. Al- though these templates can be helpful, they can't antici- pate every potential issue. "No two projects are the same," says Shaban. "ere are always nuances that arise. e nice thing about the P3 model, however, is that it has provisions that allow the parties to make any necessary adjustments to address any concerns around the level of service or the quality of the asset delivered." Most of the P3s he has been in- [Ontario] has run out of hospitals to build. Right now there's a huge shift to light rail transit, and highways and bridges. The P3 model is also being applied to wastewater projects." - Chris Bennett, Osler, Hoskin & Harcourt LLP "

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