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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28 LEXPERT | 2017 | WWW.LEXPERT.CA Posen, Stephen Minden Gross LLP (416) 369-4103 sposen@mindengross.com Mr. Posen focuses on complex commercial real estate and leasing and acts for sophisticated landlords and tenants. A frequent author and lecturer, he has served as arbitrator, mediator and expert witness on various leasing issues. Porter, Dana Stikeman Elliott LLP (416) 869-5533 dporter@stikeman.com Mr. Porter is a partner in the Real Estate Group whose practice has an emphasis on acquisition and financing of income properties, structured and project finance, P3s and other public-sector transactions. He represents a number of institutional investors, lenders and advisors, public-sector entities and private-sector suppliers of services and materials to the public sector. Plotkin, Ella Fasken Martineau DuMoulin LLP (416) 865-4489 eplotkin@fasken.com Ms. Plotkin's practice is focused on infrastructure project finance & develop- ment, including P3 & energy. She advises lenders and sponsors on project finance and development, and has acted on major projects in Canada/US including the Merced Campus Redevelopment Project, Penn Bridges, Eglinton LRT, MacKenzie Vaughan Hospital, Regina Bypass, South Fraser Perimeter Road Refinancing and many others. Plater, L. Greg Stikeman Elliott LLP (403) 266-9051 gplater@stikeman.com Mr. Plater provides advice on real estate transactions, financings and de- velopments, infrastructure projects (including P3 transactions), renewable energy projects, joint ventures, construction arrangements and project- related environmental law in BC and Alberta, on behalf of a broad range of governments, Crown corporations and private-sector clients. Picotte, Daniel Fasken Martineau DuMoulin LLP (514) 397-7527 dpicotte@fasken.com Mr. Picotte's practice focuses on M&A, reorganization, equity and institu- tional investment with a special emphasis on the infrastructure and industrial sectors. His experience encompasses over three decades of challenging projects, in Canada and abroad, several of which broke new ground. Pennycook, Carol D. Davies Ward Phillips & Vineberg LLP (416) 863-5546 cpennycook@dwpv.com Ms. Pennycook focuses on finance, banking, private M&A, PPPs and reorga- nizations. She represents borrowers, arrangers and lenders/syndicates in corporate financings, project and infrastructure financings, debt offerings in the capital markets and structured financings. She is a director of P3 Canada. LEXPERT-RANKED LAWYERS impose a significant cost on municipalities. "ere the Bank can play a role." Indeed, in his speech to the Canadian Council of Public-Private Partnerships in April, Minister Sohi noted that Canada's Infrastructure demands have out- paced investment, that seniors have a harder time access- ing essential services, and that there is a lack of affordable housing and child care. is underscored the need for investing in social Infrastructure as well. If the Bank succeeds in developing best practices, it will have achieved an important objective, says William Osler of Bennett Jones LLP in Calgary, who practises in the areas of public and private M&A, securities law and corporate governance matters, with a focus on the oil and gas sector. Oil and gas ventures don't constitute public projects, but Calgarians are nonetheless "dream- ing big," he says, perhaps for a new hockey arena to support a bid for the 2026 Winter Olympics. But the Bank's stated goal to foster evidence-based decision- making "makes me think the feds are saying, 'we'll spend dollars on good projects, but we'll also be a centre where we'll be leaders in how this kind of thing is done.' "Across the country people are trying to get big pro- jects done, and there is continuous concern about red tape and bureaucracy," he says. Fostering evidence-based decision-making "would be an example of where the CIB is doing good work beyond the specific projects, to develop best practices." Meanwhile, it is still early days. e government's omnibus Bill C-44, which includes the Investing in Canada plan and its Infrastructure Bank, has yet to be passed in Parliament, and has been dubbed the "priva- tization bank" by more than one MP who has stood in the House to oppose it. "I don't think people out here are too worried about … whether they bury or include [the Bank] in the Budget Bill, or if it's carved out of the current Bill" to pass in sep- arate legislation, says Osler. "But they're waiting to see what this will look like, who's on board, who the CEO is." Once the legislation is passed (if it ever is) and senior executive appointments have been made and the Bank makes its first investment, the Infrastructure sector will learn how the Bank can be used as a tool," says Doyle. We're all waiting with bated breath." I would have preferred to see First Nations explicitly called out [in the list of Infrastructure Bank priorities.] They are the communities that least have the tools to build that infrastructure." - Catherine Doyle, Blake, Cassels & Graydon LLP "

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