January 7, 2009
 

 
Infrastructure/Public-Private Partnerships
 
 
Our Practice
Our infrastructure/public-private partnerships practice group encompasses a cross-disciplinary group of lawyers experienced in all aspects of infrastructure and service delivery. Over the past decade, we have worked on some of the most significant projects in Canada.

We draw from our firm's transactional focus to combine our core strengths in corporate/commercial, corporate finance and securities, project finance, infrastructure, commercial and property development, environmental, tax and mergers and acquisitions. We are supported by our leading competition law, technology and litigation groups. Our expertise and experience in these areas, combined with our substantial experience in acting for both public and private sector partners, specific knowledge of a significant range of legislation impacting the ability of various levels of government and public sector bodies to contract and finance projects and expertise on a broad range of partnership structures and financing platforms, allow us to effectively and seamlessly achieve the client's business objectives as the transaction evolves.

Our practice includes but is not limited to:
  • Joint venture structuring
  • Project development
  • Public and private financings
  • Domestic & international tax
  • Corporate governance
  • Regulatory issue
  • Litigation
  • Site assembly
  • Environmental remediation

Our Clients
We have acted for a diversified list of clients and projects:

  • Hospitals;
  • Major bridges;
  • Roads and tunnels;
  • Hydro projects;
  • Waste water/sewage treatment facilities;
  • Rail lines;
  • Rail stations;
  • International airports;
  • Casinos.

Our Work
A representative sampling of our P3 projects includes:

  • Miami Access Tunnel, a consortium made up of Babcock & Brown, Bouygues Travaux  Publics and Transfield Services Ltd., has been selected by the Florida Department of Transportation to design, build, finance, operate and maintain the Port of Miami Tunnel project.   Davies is transaction counsel for the Miami Access Tunnel consortium.  The Port of Miami Tunnel project is the first availability payment PPP transaction in the US;
  • 3ci Inc., the Québec company serving as main contractor in the development of three wind farms located in Murdochville, covering all aspects of three projects, including all agreements with Hydro-Québec and the municipality of Murdochville, government approvals, negotiations with suppliers of wind turbines and, chiefly, the implementation of debt financing and partnerships;
  • General Electric Energy in its proposed construction and management of an 800-megawatt combined-cycle project in cooperation with Hydro-Québec Production;
  • Access Roads Edmonton Ltd. entered into an agreement to design, finance, build and operate the Anthony Henday Drive Southeast Leg Ring Road in Edmonton, Alberta;
  • RAV Project Management Ltd., InTransit British Columbia Limited Partnership and the Greater Vancouver Transportation Authority long-term concession agreement for the design, construction, partial financing, operation and maintenance of a rapid transit line connecting downtown Vancouver with the City of Richmond and Vancouver International Airport. The project was the largest public-private partnership to be implemented in Canada and the first rail P3 in North America;
  • Access Justice Durham has entered into an agreement to design, build, finance and maintain the Durham Consolidated Courthouse, the first P3 project relating to courthouses in North America and the first project to be completed by Infrastructure Ontario. Davies is transaction counsel to the Access Justice Durham consortium, and counsel to Babcock & Brown, as sponsors, and ABN AMRO Bank, as lenders;
  • Plenary Group, part of the Plenary Properties, has teamed with York University to deliver a new state-of-the-art headquarters for the Archives of Ontario. Plenary Group will design, construct, finance and operate the facility for a lease period of 35 years;
  • Borealis Transportation Infrastructure Trust, a private sector entity formed by the Ontario Municipal Employees Retirement System (OMERS), completed its purchase of a 50% interest in the Detroit River Tunnel from Canadian National Railway Company and the formation of an ongoing partnership with Canadian Pacific Railway Company. Davies represented Borealis Transportation Infrastructure Trust;
  • Acted for the Ontario Lottery and Gaming Corporation in its $1 billion development, financing and operation of the Niagara Falls Casino Complex/Gateway Project;
  • Gaz de France (Rabaska Project), developed by Gaz Métro Limited Partnership, Enbridge Inc. and Gaz de France, consisting of the $900 million construction of a deep water liquified natural gas tanker terminal in Lévis, Québec;
  • The City of Toronto was involved in the negotiations of the numerous forms of procurement, design, development, construction and financing documentation of the overall revitalization of the Toronto portlands area. This is a multi-faceted, tri-government restoration project;
  • AHA and Abbotsford Regional Hospital and Cancer Centre Inc. (AHCC) P3 for a major British Columbia hospital and cancer centre facility, the largest P3 completed in B.C. to date, with an estimated capital cost of $355 million;
  • BMO Nesbitt Burns and RBC Capital Markets acted as agents to 407 International Inc. in the issuance of $1.1 billion of subordinated bonds. Davies represented BMO Nesbitt Burns and RBC Capital Markets;
  • Offerings by Ontario School Boards Financing Corporation from June 2000 through June 2007 of over $3 billion principal amount of various series of pooled debentures ownership interests representing undivided co-ownership interests in amortizing and non-amortizing debentures issued by 25 Ontario school boards;
  • Plenary Group and PCL Civil Constructors Inc., a private sector consortium, has been selected to design, build, finance and operate a 3.1 mile toll road in Tampa, Florida. Davies is representing the private sector consortium;
  • Plenary Health has entered into an agreement to build, finance and operate the North Bay Regional Health Centre project. This is Infrastructure Ontario's first project in its "public/private" DBFO initiative in the health care sector. Davies represented the Plenary Health consortium;
  • AHV Access Health Vancouver Ltd. P3 with the Vancouver Coastal Health Authority for the design, construction, finance and operation of a new Academic Ambulatory Care Centre at Vancouver General Hospital; and
  • Acting for the consortium which successfully bid for, financed, developed and owns the long-term interest in the Confederation Bridge connecting New Brunswick and Prince Edward Island.

Recognition
Several of our lawyers are regularly recognized as leading P3/project finance practitioners in Canada by Chambers, LEXPERT and Euromoney. Davies received the highest ranking in the Chambers Global 2007 survey, the first year P3 was ranked as a discipline and was cited as "one of the top firms for any commercial venture".

In 2004 and 2005, our P3/infrastructure was part of the North American infrastructure and Transport Deal of the Year selected by Project Finance Magazine:

  • 2005 - The first rail P3 in North America, the RAV project will link downtown Vancouver with the City of Richmond and Vancouver International Airport in British Columbia, Canada.
  • 2004 - The largest P3 completed in B.C. at the time, with an estimated cost of $355 million, the AHA and Abbotsford Regional Hospital and Cancer Centre Inc. (AHCC) is a major British Columbia hospital and cancer centre facility.