Infrastructure projects in Canada

Blake, Cassels & Graydon LLP

Spread across Western Canada, Ontario and Quebec, the infrastructure team at Blake, Cassels & Graydon LLP is a leading player in the P3 market, and continues to advise private and public sector clients on the most innovative projects in the country. The team is skilled at advising sponsors, contractors, bidders and financiers on a range of infrastructure and industrial projects, including transportation, energy and waste management. In addition to its strong project development capabilities, the firm also fields a stellar project finance team that is also adept at advising buyers and sellers at every phase of the secondary market investment process. Jeffrey Merrick in Vancouver chairs the national infrastructure group. Based in Toronto, Catherine Doyle is highly regarded for her market-leading expertise in the financing and development of infrastructure assets, while Judy Wilson stands out for her combined experience in procurement and PPP projects. Alain Massicotte, whose track record includes acting for lenders, public authorities and sponsors in major Quebec-based projects, oversees the Montréal infrastructure/ P3 group.

Practice head(s):

Jeffrey Merrick

Davies Ward Phillips & Vineberg LLP

Davies Ward Phillips & Vineberg LLP showcases an impressive and longstanding track record of greenfield PPP projects in Canada and the United States, and is a go-to destination for projects pertaining to the transportation sector. Primarily based in Toronto, the infrastructure group has been kept busy advising on emerging areas in this space, including mandates relating to Canada’s developing broadband infrastructure, secondary market M&A deals and US campus energy projects. Project financing is also a strong point for the team, which is under the leadership of Gregory Southam. The practice head enjoys a strong reputation in the market, given his expertise in novel projects across North America. Carol Pennycook specialises in project finance, and is often retained by sponsors and lenders of major PPP and renewable energy projects. Nicholas Williams is another individual to note for project finance and infrastructure-related acquisitions. Other key practitioners include the ‘incredibly hard-working and extremely efficientWilliam Buchner, senior partner Robert Bauer and David White , the latter of whom supports domestic and cross-border clients across a range of sectors, including water treatment, transportation and energy.

Practice head(s):

Gregory Southam

Testimonials

‘Strong industry and sector-specific knowledge; highly experienced in contractual negotiations with counter-parties  responsiveness to transaction timelines and deadlines.’

‘Davies have gained an intimate understanding of the key areas of legal due diligence and transaction documentation that matter to us. Their work product and counsel is superior to that of other firms and their 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.’

‘Standout partners and associates include Anthony Spadaro, Nicholas Williams and Gregory Southam.’

‘The team has tremendous experience on marquee projects which allows them to bring very creative solutions to the table. Davies thinks outside the box and we never feel like we are paying them to simply ‘push paper’.’

‘Will Buchner is incredibly hard-working and extremely efficient from a billings perspective. Greg Southam is wise beyond his years.’

Key clients

Plenary Americas

Brookfield Financial

Axium Infrastructure Inc

DIF Capital Partners

The City of Toronto

Northleaf

Aecon Group Inc.

EllisDon Corporation

John Laing Group plc

Fengate Capital Management Ltd

Globalvia

DLA Piper (Canada) LLP

Benefitting from its wide global network, DLA Piper (Canada) LLP stands out for its ability to handle domestic, US and international mandates involving major infrastructure and PPP projects. The team has been fairly active advising equity sponsors, contractors, joint ventures, lenders, operation and maintenance entities, and public authorities in large-scale project finance and development matters, with a special emphasis on the transportation sector. Department head Ian Bendell is based in Toronto, and is best known for his project financing work, particularly in the public infrastructure space. Andrew Burton is a key contact in the Vancouver office, where he oversees matters involving P3 projects and transactions across the energy, rail, road, ports and shipping sectors. Also in Vancouver, Elizabeth Mayer has a wealth of experience in PPP projects and related procurement issues, acting for bidders, contractors, lenders and public entities. In the same office, Natasha Rana is experienced in the closing of PPP transactions and tendering bids for P3 projects.

Practice head(s):

Ian Bendell

Testimonials

‘Down to earth lawyers who take the time to explain and go through processes together. Reasonable billing for quality of work which is also well detailed. Team presents itself strongly in front of third parties without being disrespectful. A superb knowledge on the industry. Lots of comparable and past work to help shape current discussion. ’

‘Andrew Burton is fantastic and so is his associate Natasha Rana. I enjoy working with them. They are sharp, knowledgeable, never rushed to get off the phone or take the time to explain something. They deliver on their timelines and if they require more leeway they make it known ahead of time (ex: a vacation is coming up can we re-jig some work). Their vast experience provides precedence to figure out current situation. ’

Key clients

Hitachi Rail

Transdev Canada Inc

Keolis

Canada Infrastructure Bank

VIA Rail

Bermuda Airport Authority

SNC-Lavalin Capital Inc.

Ellis Don Inc.

ACS Infrastructure Canada

Dragados Canada, Inc.

Saipem

Kiewit Development Company

National Bank of Canada

Sumitomo Mitsui Banking Corporation

DIF Capital Partners

Amico Infrastructures Inc.

Meridiam Infrastructure North America Corp.

Bird Capital

Fluor Canada Ltd.

Province of British Columbia

Fiera Infrastructure Inc.

BAM International bv

Ledcor Group

Swiss Life

Aecon Infrastructure Management Inc.

Flatiron West, Inc.

John Laing Infrastructure Limited

Fraser Health Authority

Vancouver Island Health Authority

Work highlights

  • Advising the EnTransit Consortium in their bid to secure ‎the ‎‎$9bn+ Regional Express Rail On Corridor project. ‎
  • Acted for the senior lenders to the successful consortium in relation to the Scarborough Advance ‎Tunnel project in Ontario, Canada. ‎
  • Engaged by Vancouver Island Health Authority to advise on all aspects of the ‎procurement and ‎‎contracting strategy for the Cowichan District Hospital Replacement Project.

McCarthy Tétrault

The projects group at McCarthy Tétrault has cemented a leading position in the market through its work on high-value P3 projects and major project finance transactions in the energy, technology and infrastructure sectors throughout Canada and abroad. The team is seasoned in the entire spectrum of matters related to the procurement, construction, financing and development of projects, ranging from roads, airports and railways to wastewater systems, transmission lines and social infrastructure. Vancouver-based Linda Brown is routinely engaged by banks, pension funds, borrowers and consortia of bidders in significant infrastructure projects. She chairs the practice with David Lever, who is based in Toronto. Godyne Sibay and Gordon Willcocks, whose areas of expertise include project development, PPPs and procurement, are other noteworthy practitioners in the Toronto office. Sitting in Vancouver, Morgan Troke  is go-to counsel for lender and borrower-side clients in relation to complex infrastructure projects and transactions.

Practice head(s):

David Lever; Linda Brown

Testimonials

‘Always have the clients interests at heart. Depth of talent. Prepared to help find solutions to issues.’

‘All the lawyers are knowledgeable and available to answer questions. The team works cohesively together, as it seems they communicate regularly with each other as all team members are fully aware of issues and concerns.’

‘Morgan Troke is very knowledgeable and can communicate issues in a clear, concise way.’

Key clients

ACS Infrastructure Canada

Aecon Concessions

ATB Financial

Canadian Imperial Bank of Commerce

Connor, Clark & Lunn Infrastructure

EllisDon Group of Companies

ENGIE Services Inc.

Graham Construction/Gracorp Development

Infrastructure Ontario

Metrolinx

Innergex Renewable Energy Inc.

Kiewit Development Canada

Ledcor Group of Companies

Ministry of the Solicitor General

National Bank of Canada

Parsons Corporation

RBC Capital Markets

Stonebridge Financial Corporation

Sun Life Assurance Company of Canada

The Canada Life Assurance Company

The Manufacturers Life Insurance Company

Vantage Airport Group

Wood Canada Limited

York University

Work highlights

  • Advised the syndicate of senior secured lenders in the C$1.5bn project financing of the development, construction and operation of the 900 MW merchant natural gas combined cycle Cascade Power Project in Alberta.
  • Assisting Parsons Inc. and Colas Infrastructure Canada GP, in the project agreement to design, build and finance Edmonton’s Valley Line West LRT Project.
  • Advising the lenders to EllisDon Infrastructure Healthcare on the closing of the public-private-partnership to design, build, finance and maintain the new Bayers Lake Community Outpatient Centre, a C$260m healthcare centre in the Halifax Regional Municipality.

Osler, Hoskin & Harcourt LLP

Osler, Hoskin & Harcourt LLP occupies a prominent position in the P3 and infrastructure space, where it continues to win market-leading mandates in jurisdictions across Canada and internationally. Complex project financing structures and development matters are at the core of the practice, that is chaired by Christopher Bennett in Toronto. Bennett specialises in financing issues, with a particular focus on public-private partnerships and infrastructure projects. Clients engaged in healthcare, education and transportation projects regularly turn to Tobor Emakpor  for advice on complex PPP models and transactions. Danna Donald  is another key contact for the financing of projects across a range of sectors, including transportation, social infrastructure and renewable energy. 

Practice head(s):

Christopher Bennett

Torys

Torys fields an integrated infrastructure practice across Canada and the US that is well placed to handle all aspects of project finance, procurement and development, as well as implement secondary market trades and refinancings. The group is routinely involved in precedent-setting work, having recently advised on first-of-their-kind broadband, energy storage, nuclear power, trade corridor and Indigenous-led projects. Mark Bain leads on PPP mandates, bringing together expertise in development, financing, procurement and construction issues. The project finance team is managed by Scott Kraag, who is noted for his track record in energy, mining and P3 project financings. Daniel Ford, who is routinely instructed by public sector clients, is a key contact for both complex development and financing issues. All named practitioners are based in Toronto.

Practice head(s):

Mark Bain; Scott Kraag

Testimonials

‘Responsiveness and attention to detail.’

‘The team is very strong with deep industry knowledge. Torys drives results in a highly professional manner and provides high quality service on tight timelines to ensure the job is done properly. We believe Torys has the strongest infrastructure team in Canada.’

‘Huw Evans is a standout performer. Huw is an exceptional lawyer. He is highly technically proficient, but, even more importantly, has terrific business judgement. His advice cuts to the core of the issues and his dedication ensures we receive first rate service even under extremely challenging deadlines. We have a tremendous amount of confidence in Huw.’

‘Lots of experience, very innovative thinking, very responsive to clients’ needs.’

Key clients

Cascade Power

Government of the Northwest Territories

Government of Yukon

Prince George’s County Education and Community Partners (Fengate/Gilbane/Stantec/Honeywell)

Infrastructure Ontario and Metrolinx

The Government of Newfoundland and Labrador

The City of Portage la Prairie, Manitoba

Magnovate Transportation Inc.

DP World Canada Investment Inc.

Haldimand County

Red River Valley Alliance (Acciona, InfraRed, Shikun & Binui and NAC)

Work highlights

  • Acted for Cascade Power (Kineticor/Macquarie Capital/OPTrust) in matters related to the construction, financing and operation of the C$1.5bn Cascade Power Project, a 900 MW combined cycle power generation facility in Yellowhead County near Edson, Alberta.
  • Advised Government of Yukon as the public authority for the C$79m Dempster Fibre PPP project to design, build, operate and maintain a new 777 km fibre optic communication system connecting Dawson City, Yukon to the existing Mackenzie Valley Fibre Link in Inuvik, Northwest Territories.
  • Acted for Prince George’s County Education and Community Partners (Fengate/Gilbane/Stantec/Honeywell) as the successful proponent for the US$400 million Prince George’s County Public Schools (PGCPS) PPP project to design, build, finance and maintain six new schools in Prince George County, Maryland.

Bennett Jones LLP

Bennett Jones LLP is a popular destination for private and public sector project owners engaged in a range of projects, including energy, telecoms, wastewater, transportation, social and urban infrastructure. Construction law expert Jason Roth chairs the capital projects group that is skilled at advising clients on the entire life-cycle of projects, including funding, procurement, development, construction, dispute resolution and governance issues. Recent arrivals David Little and Charlene Hiller strengthened and diversified the practice’s offering in Vancouver. Little focuses on the infrastructure sector, and is proficient in PPPs, development and procurement, while Hiller is often retained to assist with the procurement and construction of healthcare, mining and transportation projects.

Practice head(s):

Jason Roth

Other key lawyers:

David Little; Charlene Hiller

Key clients

Provincial Health Services Authority (on multiple projects)

Providence Healthcare Society

Fraser Health Authority

Northern Health Authority

Abbotsford Regional Hospital

Interior Health Authority

Emily Carr University of Art + Design

Infrastructure BC Inc.

Douglas College

ATCO Power (2010) Ltd.

Gibson Energy ULC

ATCO Pipelines

Rangeland Midstream

Travelers Insurance

7th Avenue Sky Partnership

Work highlights

  • Acts for the owner, Providence Healthcare Society, in the approved $1.9bn St. Paul’s Hospital project.
  • Represented Trans-Northern Pipelines in the Alberta Products Pipe Line project, which spans 320 kilometres and transporting products from refineries in the Edmonton area to distribution terminals in Calgary, including the Calgary International Airport.
  • Advising the contractor, ATCO Power (2010) Ltd. on the development of the Montana Solar Facility, the largest on first nation reserve solar farm in Canada.

Borden Ladner Gervais LLP

Borden Ladner Gervais LLP provides support to clients throughout all stages of construction and infrastructure projects, including procurement, governance, financing, development and disputes. The practice demonstrates strength in both the public and private sectors, where it acts for an array of contractors, sponsors, governmental entities, lenders and equity investors. Department head Robert Shouldice excels in project and procurement planning, especially in the energy, transportation and public infrastructure spaces. He receives key support from a specialized team, that includes Douglas Sanders, who is seasoned in PPP projects, construction and industrial EPC contracts. Project finance and development are core ares of activity for Sarah Bird, who has acted as lead counsel for proponents and lenders in all phases of social infrastructure and transportation projects.

Practice head(s):

Robert Shouldice

Work highlights

  • Advising BC Hydro on a wide range of procurement and commercial contracting matters, project governance, property matters and claims and disputes matters relating to the Site C Dam.
  • Advising the Province of Nova Scotia on the Halifax Infirmary and the Community Outpatient Centre (Bayers Lake) elements of its Queen Elizabeth II New Generation Project.
  • Advising the City of Ottawa on ongoing work in relation to the Confederation Line LRT Stage 1 and Stage 2 (light rail) and Trillium Line (commuter rail).

Gowling WLG

Gowling WLG fields a large infrastructure and construction law team, which has recently led advice on numerous real estate developments, power plants and P3 projects in Canada. The practice is regularly retained by public authorities and operator subcontractors in the context of PPP projects, but increasingly provides assistance to project financiers and design-build contractors. The group has a strong base in Ontario, with practice heads Ted Betts and Faithe Holder sitting in the Toronto office. Betts is a name to note for large-scale construction and development projects, while Holder has decades of experience in the P3 market. Fellow co-leader Luc Lissoir, who is recommended for PPP procurement in the transportation and healthcare sectors, is based in Montréal. Darryl Brown retired in late 2020 and Adam Lewinberg left the firm in August 2021.

Key clients

Acciona

Aecon

American Iron & Metals Inc.

Government of Alberta, Ministry of Infrastructure

Infrastructure Ontario (IO)

Johnson Controls, Inc.

Ledcor Group Inc.

Plenary Group (Canada) Ltd.

RioCan Real Estate Management

Rosatom/AtomStroyExport (ASE) JSC

Siemens Canada

Société québécoise des infrastructures (SQI)

Work highlights

  • Counsel to the service provider, Johnson Controls Canada LP, as part of a shortlisted consortium, in connection with a project to design, build, finance and maintain (over a 30 year term) the Queen Elizabeth II (QEII) Health Sciences Centre Halifax Infirmary project for the Government of Nova Scotia.
  • Counsel to Infrastructure Ontario and the Ministry of Transportation Ontario which reached financial close with EllisDon and Coco Paving (EDCO) on a $313.8m project to design, build and finance the QEW / Credit River Improvement Project.
  • Counsel to the government authority (SQI and MTQ) with respect to the RFP process for the project, and in the preparation and drafting of contractual documentation, including technical requirements for the $1.142bn design-build-finance contract to Renouveau La Fontaine Inc. for the Louis-Hippolyte Lafontaine Tunnel and access roads rehabilitation project in Montréal.

Norton Rose Fulbright

With the ability to handle projects across British Columbia, Alberta, Ontario and Quebec, Norton Rose Fulbright is particularly active advising on the financing and development of public infrastructure projects across the transportation, healthcare, education and real estate sectors, and is also regularly engaged by private sector clients in relation to energy projects. Recent areas of growth include acting for project proponents and lenders in private sector projects, and handling secondary market transactions. Toronto- based Jay LeMoine is recommended for his wealth of experience in P3 work, financings and infrastructure agreements. He jointly heads the practice with Douglas B. Buchanan, whose areas of expertise include project development and finance, PPPs and M&A in the infrastructure sector. 

Testimonials

‘Douglas Buchanan is client-focused and has extensive industry experience. He is flexible and commercial.’

Key clients

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

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

  • Advising Infrastructure Ontario and Metrolinx on the Union Station Enhancement project, which is being procured using the “Alliance” contracting model.
  • Acted for BBGI Global Infrastructure SA in its acquisition from HOCHTIEF PPP Solutions North America Inc. of its 25% interest in the Signature on the Saint-Laurent Group General Partnership, also known as the Champlain Bridge P3, in Montreal.
  • Advising BC Ministry of Transportation on the $2.8bn Broadway Subway project, a 5.7 km extension of the existing SkyTrain rapid transit system which will include elevated guideway and board tunnel.

Singleton Urquhart Reynolds Vogel LLP

Singleton Urquhart Reynolds Vogel LLP stands out for its unparalleled track record in construction matters, including non-contentious issues and related litigation. The team is also often engaged in the procurement of major infrastructure projects and legislative matters likely to impact the construction and infrastructure sectors. Managing partner John Singleton is a name to note for P3 and major infrastructure projects; he manages the team from Vancouver alongside Stephen Berezowskyj, who often acts as fairness advisor and monitor for a range of public procurement projects, and Stuart Hankinson, who joined from Bennett Jones LLP in January 2021. Sitting in the Toronto office, Bruce Reynolds and Sharon Vogel co-chair the national construction and infrastructure law group.

Practice head(s):

John Singleton; Bruce Reynolds; Sharon Vogel; Stuart Hankinson; Stephen Berezowskyj

Other key lawyers:

Helmut Johanssen; James Little; Jesse Gardner

Dentons

The infrastructure and PPP team at Dentons is sought out by an array of clients, including private sponsors, public authorities, lenders and design-build contractors, in relation to innovative projects in Canada and emerging markets. The team manages a busy work flow that is populated by several mandates in the transportation and energy sector. Co-head Ilan Dunsky  in Montréal is a key contact for PPPs, project finance and development in these segments, and also advises on procurement matters. Fellow co-leader Jana Mansour , who is based in Vancouver, has a broad practice covering construction law, project finance and P3 work.

Practice head(s):

Ilan Dunsky; Jana Mansour

Key clients

Vancouver Fraser Port Authority

Livent

JGC Fluor

Montreal Port Authority

Atlantic Gold Corporation

Enbridge

Knight Piésold Ltd.

City of Victoria

Work highlights

  • Advising the Vancouver Fraser Port Authority with respect to the procurement and all design build matters for the expansion of the container terminal in the heart of Vancouver’s downtown waterfront.
  • Advising Livent and its Argentina subsidiary on the engineering, procurement, construction management and construction aspects of the expansion of its lithium extraction operations in Argentina and lithium processing operations in North Carolina, USA.
  • Advising JGC Fluor BC LNG Joint Venture in its role as engineering, procurement and construction (EPC) contractor for the construction of a multi-billion dollar LNG export terminal in Kitimat, BC.  

Fasken

At Fasken, the global infrastructure and projects group has a strong track record in PPP projects and secondary market transactions, and regularly acts on behalf of bidders, developers, lenders, and contractors, with a particular emphasis on the transportation and energy sectors. Toronto-based Ella Plotkin, who assists with all aspects of project development and financing in the infrastructure, natural resources and telecoms space, chairs the practice. Adam Lewinberg  joined in August 2021 and arrives with an extensive track record in public-private partnership, alternative finance and linear construction projects.

Practice head(s):

Ella Plotkin

Testimonials

‘Fasken has a deep and experienced team that can manage highly complex and involved transactions. Their sophisticated understanding of P3s at Federal and Provincial levels of government and with the associated wide range of issues gives the team the ability to provide informed advice and counsel on novel issues and challenges. The team is focused, attentive, dedicated and proactive.’

‘Partners Tom Barlow, Brian Kelsall and Ella Plotkin provide well-informed advice and thinking on a wide range of issues, from a technical legal perspective but also through a pragmatic, commercial lens. As individuals they are comfortable in providing business clients and in-house counsel candid but respectful viewpoints when engaging in discussion and debate on issues, with the objective of providing a thorough consideration of decisions in the best interest of the client.’

‘Deep experience having practised in the field for decades.’

Key clients

Infrastructure Ontario/ Metrolinx – Ontario Line Subway Project

Caisse de dépôt et placement du Québec

Government of Canada and Windsor-Detroit Bridge Authority

TC Energy

Canada Development Investment Corporation on behalf of the Government of Canada.

Plenary Americas – DC Streetlighting Project

Plenary Americas – North Carolina Broadband Project

DP World Prince Rupert Inc.

Tilson Tech – North Carolina Broadband project

RBC Dominion Securities

Toronto Dominion Securities Inc.

Quebec City

Société québécoise des infrastructures (SQI)

Vancouver Fraser Port Authority

Work highlights

  • Advising Infrastructure Ontario/ Metrolinx on the planning, preparation, procurement and construction processes for the Ontario Line subway project.
  • Assisted Windsor-Detroit Bridge Authority, as the client reached financial close with Bridging North America General Partnership for the design, construction, financing, operations, maintenance and rehabilitation of the Gordie Howe International Bridge Project.
  • Advising Coastal GasLink on builders lien and holdback matters in respect of the Coastal GasLink pipeline project.

Stikeman Elliott LLP

Stikeman Elliott LLP is particularly active advising lenders on P3 matters and project finance, but is increasingly retained by sponsor and subcontractor clients in infrastructure-related mandates. Jamie Templeton is a seasoned practitioner in major infrastructure projects in Europe, Australia and Canada, and project financings in the energy and transportation sectors. Templeton, who is based in Toronto, oversees the department with Patrick Duffy  in Toronto. Erik Richer La Flèche is a name to note in the Montréal office; his areas of focus include procurement, M&A transactions and project finance.

Practice head(s):

Patrick Duffy; Jamie Templeton

Other key lawyers:

Erik Richer La Flèche