Infrastructure projects in Canada

Blake, Cassels & Graydon LLP

Routinely retained by public and private sector clients, Blake, Cassels & Graydon LLP‘s infrastructure team is active nationally from its well-staffed platforms in Toronto, Vancouver and Montreal. Equally adept at procurement, project development, infrastructure investment and financing matters, the team is frequently involved in Canada’s most innovative projects. Among its recent private sector-side highlights in Toronto, Catherine Doyle paired up with Mark Johnson to represent Harbour City Resources as the successful proponent in the Halifax Regional Municipality’s Organics Management Infrastructure and Long-Term Operating Contract PPP. On the public sector side, Toronto-based procurement specialist Marianne Smith advised the City of Toronto on the rehabilitation of the FG Gardiner Expressway. Other senior names include Vancouver-based Jeffrey Merrick, who anchors the practice and combines infrastructure and real estate expertise; Toronto-based Judy Wilson, who specializes in procurement and infrastructure development; and Montreal-based infrastructure specialist Alain Massicotte.

Practice head(s):

Jeffrey Merrick

Key clients

City of Calgary

City of Toronto

Aecon Concessions, Siemens Project Ventures and Keolis SA

VIA Rail Canada Inc.

Amico Concessions Inc., Sacyr Concesiones, S.I. and SNC-Lavalin Capital Inc.

Harbour City Resources

City of Toronto

Canadian Pacific Railway Company (CP)

PCL Investments and Fengate Capital Management Ltd.

Erie Shores Infrastructure Partners

City of Winnipeg

CDPQ Infra

Société québécoise des infrastructures (SQI) (Québec Infrastructure Agency)

Work highlights

  • Acting for the City of Calgary on the development of its Green Line LRT Project, a light rail transit line in Calgary, Alberta.
  • Representing the ONConnects consortium on its bid for the Ontario Line – Rolling Stock Systems, Operations and Maintenance Project in Toronto, Ontario.
  • Acting for Canadian Pacific Railway on the construction of a rail bypass that will re-route a portion of a rail corridor around the City of Lac-Mégantic, Québec.

Davies Ward Phillips & Vineberg LLP

According to satisfied clients, infrastructure lawyers at Davies Ward Phillips & Vineberg LLPadd value‘ through their ‘collective knowledge and experience‘. The team is typically found on the private sector side of PPP mandates, though it does also represent public sector entities, and is a top choice for complex or pathfinder projects. In a recent example of its prowess in innovative matters, high-profile infrastructure specialist Gregory Southam represented Canada Infrastructure Bank on the development and deployment of a pioneering financing program for the Government of Canada’s zero-emission buses initiative. The group also benefits from the senior experience of seasoned infrastructure and real estate partner, Robert Bauer, and project finance specialists Carol Pennycook and Nicholas Williams. The team additionally draws on an impressive second line of up-and-coming partners including William Buchner, who advizes developers, investors, lenders and borrowers on infrastructure projects, and David White, who has broad PPP experience.

Testimonials

‘The team as a whole is outstanding. Their strengths as a team include being able to combine their skill set and experience (from the junior level all the way to the most senior partner) to provide seamless legal advice to their clients.’

‘Their work product is of superior quality to other firms I have worked with. They add value in their review and drafting of transaction documentation through their collective knowledge and experience.’

‘Their primary strengths include strong industry and sector-specific knowledge — being highly experienced in contractual negotiations with counterparties — and responsiveness to transaction timelines and deadlines.’

‘The team provides comfort that the legal diligence and contractual aspects of the transactions we participate in are structured properly and mitigate potential risks to the greatest extent possible.’

‘They are a very effective team that is commercially sensitive, particularly William Buchner, Gregory Southam and Carol Pennycook.’

Key clients

Plenary Americas

Brookfield (and its subsidiary, Sera Global, and former subsidiary, Enwave)

Axium Infrastructure Inc.

DIF Capital Partners

The City of Toronto

Northleaf Capital Partners

Aecon Group Inc.

EllisDon Corporation

John Laing Group plc

Fengate Capital Management Ltd.

Globalvia

Work highlights

  • Acting for Canada Infrastructure Bank on its development of a flexible, first-of-its-kind financing program for zero-emission buses and related infrastructure across Canada.
  • Advising on a string of LRT projects, including advising the design-build joint venture, formed by Aecon Infrastructure Management and FCC Construction Canada, on the design, build, operation and maintenance of the Regional Express Rail Package 3 project.
  • Acting for shortlisted consortium, Swamp Power Partners (led by Fengate Capital Management Ltd and Vicinity Energy US), in its bid to design, build, finance, operate and maintain the University of Florida’s Central Energy Plant.

DLA Piper (Canada) LLP

A long-established leader in Canadian PPPs, DLA Piper (Canada) LLP‘s infrastructure group has been involved in many first-of-a-kind projects, including the first P3s for roads, rail and social infrastructure. The practice is also distinguished by its global network and frequent cross-border collaborations, particularly with its platforms in the US. Toronto-based department chair Ian Bendell is a UK-qualified foreign legal consultant and led the team's advice to the Joint Project Office, formed by Canada Infrastructure Bank and VIA Rail Canada, in relation ‎to ‎the ‎High-Frequency Rail Project in the Quebec City-Toronto rail corridor. Qualified in the UK, Ontario and BC, Vancouver-based Andrew Burton is recommended for his strong expertise in rail, road, airport and bridge projects, among other spheres. The national team also includes Vancouver-based Elizabeth Mayer, who has an emphasis on procurement.

Practice head(s):

Ian Bendell

Other key lawyers:

Andrew BurtonElizabeth Mayer

Key clients

Transdev

Hitachi Rail

Keolis

SNC Lavalin

Dragados USA and Dragados Canada

Vancouver Island Health Authority

BC Ministry of Transportation

Canada Infrastructure Bank

VIA Rail

Webuild (formerly Salini Impregilo and Astaldi)

TSO/NGE

Amico Construction

Fraser Health Authority

Royal British Columbia Museum

Crosslinx Transit Solutions

Aecon Construction Group Inc

Meridiam Infrastructure North America Corp.

Bermuda Airport Authority

Strabag Inc.

DIF Capital Partners

Yukon Energy Corporation

MRDC Operations Corporation

Work highlights

  • Acting for the Joint Project Office, formed by Canada Infrastructure Bank and VIA Rail Canada, in relation ‎to ‎the ‎High-Frequency Rail Project in the Quebec City-Toronto rail corridor.
  • Advising the Operations and Maintenance Joint Venture supporting the Connect 6ix team ‎bidding for the Ontario Line Rolling Stock, Systems, Operations and Maintenance Project.
  • Acting for Vancouver Island Health Authority on all aspects of the procurement and ‎contracting strategy for the Cowichan District Hospital Replacement Project.

McCarthy Tétrault

A destination infrastructure practice, McCarthy Tétrault brings to bear a full-service national team that routinely represents all key stakeholders in major projects, including proponents, lenders, EPC contractors and government agencies. Led jointly by Vancouver-based infrastructure and project finance specialist, Linda Brown, and project finance and transactional energy partner, David Lever, the group also includes senior partner Godyne Sibay, who has a focus on real property, project development and infrastructure, and projects-focused counsel Gordon Willcocks. Among the department’s up-and-coming names, the increasingly prominent Morgan Troke teamed up with Samantha Cunliffe (both are in Vancouver) to advise the Aecon, Deutsche Bahn, Alstom and FCC consortium on the DBOM contract for the GO Rail Expansion On Corridor Project, the largest project in Metrolinx’s GO Rail Expansion program. Named partners are based in Toronto unless otherwise stated.

Practice head(s):

David Lever; Linda Brown

Key clients

Canada Infrastructure Bank

The Government of Newfoundland and Labrador

Noventa Energy Partners

Infrastructure Ontario

Metrolinx

Vantage Airport Group

Trillium Health Partners

ONxpress Transportation Partners Inc.

Deutsche Bahn

Alstom Transport Canada

Work highlights

  • Advised the Aecon, Deutsche Bahn, Alstom and FCC consortium on the contract to design, build, operate and maintain the GO Rail Expansion On Corridor Project, the largest project in Metrolinx’s GO Rail Expansion program.
  • Advised Noventa Energy Partners on the development of a wastewater energy transfer project at the Toronto Western Hospital and the Krembil Research Institute in Toronto, Ontario.
  • Acted for Infrastructure Ontario and Metrolinx on the procurement of the Scarborough Subway Extension – Stations, Railway, Systems Project in the City of Toronto, and on the Scarborough Subway Extension Advance Tunnel Project.

Osler, Hoskin & Harcourt LLP

Osler, Hoskin & Harcourt LLP‘s continued investment into its projects practice over recent years has paid dividends and the firm now possesses a dominant infrastructure practice, active across the full range of procurement, finance and development matters. On the project finance and PPP side, practice co-head Christopher Bennett is revered by many as the market’s stand-out project finance specialist; he recently paired up with construction and infrastructure partner Tobor Emakpor to advise EllisDon Capital on its successful bid for the C$612m Burnaby Hospital Redevelopment Phase One P3 project. Other key contacts include department co-head Richard Wong, who has a focus on project development and splits his time between Toronto and Montreal, and project finance partner Danna Donald. Named attorneys are based in Toronto unless otherwise stated.

Torys

The multidisciplinary practice at Torys spans a range of infrastructure, energy, procurement, project finance and M&A matters. Clients additionally highlight the firm’s niche expertise in projects involving Indigenous lands, which was recently evidenced by its advice to the First Nations Major Projects Coalition in matters related to 129 First Nations’ proposed sale of an interest in Trans Mountain Corporation to Indigenous communities. PPP specialist Mark Bain led the Coalition work and co-heads the overarching energy and infrastructure department. Fellow department co-head Scott Kraag leads on project finance and is particularly recognized for his experience in renewable energy projects. The team also includes Daniel Ford, who focuses on infrastructure development and financings, and Tara Mackay, who splits her time between New York and Toronto, and maintains a pan-North American infrastructure practice. Other named lawyers are full-time members of the Toronto office.

Practice head(s):

Mark Bain; Scott Kraag

Testimonials

‘Expertise in advice around procurement in infrastructure projects on Indigenous lands, particularly Mark Bain and Valerie Helbronner.’

Key clients

Infrastructure Ontario and Metrolinx

Acciona Infrastructure Canada, Alberici Constructors, Ltd.

First Nations Major Projects Coalition

The Government of Newfoundland and Labrador

Enwave Energy Corporation

The Government of the Northwest Territories

The City of Portage la Prairie, Manitoba

ALSTOM Transport Canada Inc., John Laing Investments Limited

Wataynikaneyap Power LP

Ontario Power Generation Inc.

Nation Rise Wind Farm Limited Partnership

Capstone Infrastructure Corporation/Capstone Power

Sumitomo Mitsui Banking Corporation of Canada

Work highlights

  • Advising Infrastructure Ontario and Metrolinx on five active PPP projects in Ontario, all foundational components of the first phase of Metrolinx’s C$16bn Regional Express Rail program.
  • Acting for the First Nations Major Projects Coalition in matters related to 129 First Nations’ proposed sale of an interest in Trans Mountain Corporation to Indigenous communities.
  • Representing the Government of Newfoundland and Labrador on multiple active PPP projects in Newfoundland and Labrador, including a New Adult Mental Health and Addictions Facility.

Bennett Jones LLP

Widely recognized for its record in energy and natural resources infrastructure, Bennett Jones LLP‘s capital projects group also handles a significant volume of work in the healthcare, road and rail spheres. Calgary-based Jason Roth chairs the department and advises owners, developers and contractors on an array of procurement and construction matters. In Vancouver, David Little is highly recommended for his broad infrastructure focus, including procurement and PPP, while Charlene Hiller acts on a mix of construction, procurement and environmental law matters.

Practice head(s):

Jason Roth

Work highlights

  • Advising ATCO Electric in connection with the development of the Kivalliq Hydro-Fibre Link Project.
  • Advising Woodfibre LNG, on an ad-hoc basis, with matters related to the engineering, procurement and construction of facilities for the Woodfibre LNG Project.
  • Advising Cedar LNG Partners LP on the development of the Cedar LNG export project in Kitimat British Columbia, which the Haisla Nation is developing in collaboration with other energy industry investors.

Borden Ladner Gervais LLP

With a presence in key provinces across Canada, Borden Ladner Gervais LLP‘s extensive geographical spread is supported by a broad sector focus. The infrastructure practice combines partners specializing in procurement, construction and litigation and is active across all core infrastructure sectors, including energy, transportation and social infrastructure. Vancouver-based Robert Shouldice heads the infrastructure team and advises on project planning, structuring and implementation. Other key contacts include Douglas Sanders and Richard Shaban, who co-lead the procurement group out of Vancouver and Toronto respectively, and Calgary-based construction lead Patricia Morrison KC. Vancouver’s Sarah Bird is a talented up-and-coming partner.

Other key lawyers:

Pascale Dionne; Sarah Bird

Key clients

Aviva Insurance and Argo Surety

BC Hydro

Canada Infrastructure Bank

City of Ottawa

Construction Polaris Inc.

Doosan Power Systems Ltd.

EBC

EDT (Consortium of EBC, Dragados and Transelec)

Eurovia VINCI

Flatiron

Graham Construction

Government of British Columbia

Groupe TNT (currently Transelec)

Infrastructure BC

Infrastructure Ontario

Metrolinx

Northland Power

NouvLR

Pomerleau

Province of Nova Scotia

SNC-Lavalin

The Hospital for Sick Children

Tower EBC

TransLink

Zeidler Partnership Architects

Zurich Insurance Company

Work highlights

  • Advising Alstom Canada in connection with its participation as a member of ONxpress Transportation Partners for the Metrolinx Regional Express Railway GO Rail expansion project package.
  • Acting as lead commercial and disputes counsel to BC Hydro on the Site C Dam and Hydroelectric Generating Station project.
  • Advising the City of Ottawa on Stage 1 of the Confederation line, which includes rail regulatory, land assembly and contract administration work.

Fasken

Fasken is valued by clients for its ‘extensive experience on major federal and provincial infrastructure projects‘. Housing a unique cross-border practice, which sees the team frequently advise on US PPPs alongside its Canadian work, the firm enjoys close relationships with local government entities, Crown corporations and private-sector clients. Toronto-based Ella Plotkin heads the department and is acting alongside fellow Toronto-based project finance and development partners, Brian Kelsall and Thomas Barlow, to advise Infrastructure Ontario and Metrolinx on the C$12bn Ontario Line Subway P3 project. Toronto-based procurement and construction specialist, Adam Lewinberg, and Vancouver-based energy chair Paul Wilson are also recommended.

Practice head(s):

Ella Plotkin

Testimonials

‘The team has extensive experience on major federal and provincial infrastructure projects, from which they draw upon to proactively identify issues and offer sophisticated insights that are top-tier in comparison to other firms.’

‘The team has depth in—and active engagement from—senior lawyers and quality associates to provide support.’

‘The team is consistently responsive, flexible, and easy to work with in comparison to their competitors. They offer strong commercial opinions and communicate very effectively with client teams and in-house counsel.’

‘The firm has a breadth of knowledge that has allowed us to address a wide variety of legal issues in various specialties.’

‘Thomas Barlow is especially responsive and attentive to his clients.’

Key clients

Infrastructure Ontario/ Metrolinx

Plenary Americas and Kiewit Construction

Société québécoise des infrastructures (SQI)

Quebec City

Vancouver Fraser Port Authority

DP World Prince Rupert Inc.

TC Energy

Metrolinx

Plenary Americas and Tilson Technology Management, Inc

Plenary Americas US Holdings Inc.

Government of Canada and Windsor-Detroit Bridge Authority

EllisDon

Infrastructure Ontario and Weeneebayko Health Authority

Infrastructure Ontario and The Ottawa Hospital

Work highlights

  • Advising Infrastructure Ontario and Metrolinx on the planning, preparation, procurement and construction processes for the Ontario Line Subway Project.
  • Advising Windsor-Detroit Bridge Authority, a Crown corporation, on the financial close of the project for the design, construction, financing, operation, maintenance and rehabilitation of the Gordie Howe International Bridge.
  • Advising Coastal GasLink on builders lien and holdback matters in respect of the Coastal GasLink pipeline project.

Gowling WLG

Handling a range of contentious and non-contentious matters, Gowling WLG‘s infrastructure practice is equipped to advise on procurement, construction and project finance, also bringing to bear robust expertise in complementary areas such as environmental and Indigenous law. Toronto-based construction specialist, Ted Betts, co-heads the practice together with Toronto-based projects partner Faithe Holder, who possesses strong real estate experience, and Montreal-based Luc Lissoir, who focuses on infrastructure procurement and transactions. Senior associate Natasha Rana recently joined in Vancouver from DLA Piper (Canada) LLP.

Key clients

ACCIONA Infrastructure

Dragados/ACS

Bombardier/Alstom

Infrastructure Ontario (IO)

Johnson Controls, Inc.

Keolis S.A.

Metrolinx

Ministère des Transports du Québec (MTQ)

Ministry of Transportation Ontario (MTO)

PlenaryGroup(Canada)Ltd.

RATP Dév., a subsidiary of the Société nationale des Chemins de fer de France (SNCF)

Signature sur le Saint-Laurent

Société québécoise des infrastructures (SQI)

Work highlights

  • Advised the service provider, Johnson Controls Canada LP, as part of a shortlisted consortium in connection with a DBFM project for the Queen Elizabeth II Health Sciences Centre Halifax Infirmary project for the Government of Nova Scotia.
  • Advised Infrastructure Ontario and Hamilton Health Sciences Corporation in connection with the DBF West Lincoln Memorial Hospital Redevelopment Project.
  • Advised the Ministre des Transports (MTQ) with respect to the alternate mode DBF public procurement of the Reconstruction of the Île-aux-Tourtes Bridge and Deconstruction of the Existing Bridge Project.

Norton Rose Fulbright

Norton Rose Fulbright‘s infrastructure group is held up by clients for its ability to provide ‘creative, in-depth and tailored legal solutions’. A strong performer in the rail sector, the team also advises on a steady stream of projects in the energy, maritime and healthcare spheres. Vancouver-based Canadian infrastructure head Jay LeMoine specializes in the commercial aspects of infrastructure work. Global infrastructure and resources lead Douglas Buchanan splits his time between New York and Vancouver and focuses on project development, project finance and M&A. Toronto-based project finance partner Sandra Nissan is also recommended.

Practice head(s):

Jay LeMoine; Douglas Buchanan

Testimonials

‘Excellent experience and passion to get the project right from lead partner Jay LeMoine; he brings an experienced team with him.’

‘Interested in creating a team. Not billing-oriented. Recognizes and tries to achieve value for time spent.’

‘Able to draw on multi-jurisdictional, multi-disciplined expertise to provide creative, in-depth and tailored legal solutions to complex projects.’

‘We worked primarily with Sandra Nissan. She is very responsive and able to draw on her on experience and those of her team to help direct our projects on the right path. Subject matter expertise is strong.’

Key clients

City of Richmond/Lulu Island Energy

BBGI Global Infrastructure SA

MM (Marubeni/Mizuho) Capital Infrastructure Fund

Eight Alberta Irrigation Districts

Volker Stevin Highways Ltd

SNC-Lavalin Inc.

Caisse de dépôt et placement du Québec

Infrastructure Ontario

TransLink

Metrolinx

Province of BC

City of Edmonton

InfraRed Capital

OMERS Infrastructure Management

Siemens Mobility Limited

Copenhagen Infrastructure Partners

Alberta Electric System Operator

SaskBuilds

Metro Vancouver (Greater Vancouver Sewage & Drainage District)

Capital Regional District (Greater Victoria)

City of Ottawa

Infrastructure British Columbia

Seaspan ULC

Prince Rupert Port Authority

Fraser Health Authority

Axium Infrastructure

Work highlights

  • Advised Infrastructure Ontario on the contribution agreement with Cadillac Fairview to build a transit-oriented community at the future East Harbour station; subsequently represented Metrolinx on the procurement of the design and construction of the GO Expansion East Harbour Transit Hub.
  • Advised Siemens Mobility, as rolling stock /signalling provider and maintenance subcontractor, on the C$4bn Ontario Line P3.
  • Advised the province of British Columbia on the C$3.1bn Surrey Langley Sky Train rapid transit rail project in Metro Vancouver.

Stikeman Elliott LLP

Stikeman Elliott LLP‘s national projects and infrastructure practice covers the full gamut of procurement, development and contentious matters and is divided into two standalone offerings to serve clients. The projects side is led jointly by Vancouver-based Jamie Templeton, who has a strong record in global project finance and PPP transactions, and Toronto’s Patrick Duffy, whose practice focuses on project development. The construction side of the group is co-led by Templeton, Montreal-based project development and finance specialist Erik Richer La Flèche and Calgary-based contentious partner Michael Mestinsek.

Aird & Berlis LLP

Providing ‘top-notch service‘, Aird & Berlis LLP‘s projects and infrastructure team is particularly recognized for its representation of municipal and Crown corporation clients, though also acts for private-sector participants. Douglas Younger heads the Toronto-based team and has built up an impressive record in advising governments, equity sponsors, funders and subcontractors on PPP projects. Heidi Visser is also recommended for her broad experience in project finance and infrastructure PPPs, which spans roads, mass transit, hospitals, schools and other spheres.

Practice head(s):

Douglas Younger

Testimonials

The team was able to work with a diverse group of client representatives — engineers, accountants, lawyers, communications specialists, etc. — and resolve issues to prepare a comprehensive project agreement that was bankable and addressed the owner’s key interests.

As external counsel, lawyers were asked to provide a budget and assumptions and demonstrated their ability to keep within the budget consistently.

Douglas Younger, Heidi Visser and Ryan Chalmers worked well together to tag team getting the tasks done. They are very straightforward, frank and explain concepts in a way that is comprensible by a diverse team.

Top notch-service, total knowledge in the subject matter that we requested, effective team management and allocation of team members.

Key clients

City of Edmonton

Infrastructure Ontario

Regional Municipality of Peel

Ontario Ministry of Transportation

The Government of Nova Scotia

SaskBuilds Corporation and the Saskatchewan Ministry of Highways

Buffalo Pound Water Treatment Corporation

Humber River Hospital

Metrolinx

Cortel Group (1602850 Ontario Ltd.) and Innisfil Land Holdings LP

Coast Mountain College

Work highlights

  • Advised the City of Edmonton on procurement and project agreement matters involving the expansion of its Valley Line West LRT.
  • Acted for Infrastructure Ontario on all aspects of the Highway 3 Expansion Project.
  • Advised the Regional Municipality of Peel on the procurement of the Regional Municipality of Peel Renewable Natural Gas Centre (Anaerobic Digestion) P3 Project, by way of a DBOM model.

Dentons

The sizeable team at Dentons possesses experience in large-scale projects, particularly in the transport sphere, where it has the ability to handle matters relating to procurement, construction and dispute resolution. Montreal-based Ilan Dunsky specializes in infrastructure development, PPP and project finance, with a focus on the energy, transport and health sectors; he co-heads the practice alongside Vancouver-based Jana Mansour, who handles construction and project finance work.

Practice head(s):

Ilan Dunsky; Jana Mansour

Key clients

Vancouver Fraser Port Authority

Livent

JGC Fluor

Régie Régionale de la Santé et des Services Sociaux du Nunavik (RRSSSN)

Cree Board of Health and Social Services of James Bay (“CBHSSJB”)

Montreal Port Authority

Atlantic Gold Corporation

Enbridge

Knight Piésold Ltd.

City of Victoria

Work highlights

  • Representing Infrastructure Canada and Public Works in a C$378m claim by the private partner before the Montréal Superior Court seeking damages for alleged constructive acceleration measures implemented following the 2018 crane operators’ illegal strike in the Province of Quebec.
  • Advising Vancouver Fraser Port Authority on procurement, design and construction matters, using the progressive design-build model, for the construction of a new four-lane underpass at Harris Road in Pitt Meadows, BC.
  • Advising Toronto Waterfront Revitalization Corporation on its revised RFQ and subsequent RFP for the development of the Quayside project to revitalize a strategic 80-acre parcel of land on Toronto’s Waterfront.