20 LEXPERT
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2017
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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
"