Canada Infrastructure Bank

Acted for Canada Infrastructure Bank in its financing of HTEC Hydrogen Technology & Energy Corporation to construct and operate a hydrogen liquefaction facility in Vancouver, British Columbia, as well as three gaseous hydrogen production facilities in Burnaby, Nanaimo and Prince George, in addition to construction and operation of 20 hydrogen fueling stations in Western Canada.

Plenary-led consortium, Connect 6ix

Acted for the Plenary-led consortium, Connect 6ix, consisting of Plenary Americas, Astaldi Group, Hitach, WeBuild and Transdev, with its bid to design, build, finance, operate and maintain the Ontario Line - Rolling Stock, System, Operations and Maintenance (RSSOM) project. The RSSOM project is one of three P3 contracts to deliver the Ontario Line.

Ontario Transit Group

Acted for Ontario Transit Group, a consortium led by Ferrovial and Vinci, on its bid for the design, build and financing of the Ontario Line Southern Civil, Stations and Tunnel project. The Southern Civil project is one of three PPP contracts to deliver the Ontario Line.

DIF Capital Partners and Valley Fiber Limited

Acted as lead transaction counsel to DIF Capital Partners and Valley Fiber Ltd. in their investment together with Canada Infrastructure Bank in the $328-million Manitoba Fibre project, which involves the construction of 2,657 kilometres of mainline fibreoptic cabling, targeting 48,500 underserved households with dedicated fibre-to-the-home.

AECON Infrastructure Management Inc., Dragados Canada Inc. and Ghella Canada Ltd.

Acted for West End Connectors, which includes AECON Infrastructure Management Inc., Dragados Canada Inc. and Ghella Canada Ltd., in its successful C$729.2-million contract to design, build and finance the Advance Tunnel phase of the Eglinton Crosstown West Extension project.

Canada Infrastructure Bank

Acted for Canada Infrastructure Bank in its development of a first of its kind, flexible financing program for the Government of Canada's zero-emission buses initiative.

Enwave Energy Corporation

Acted for Enwave Energy Corporation as the successful proponent for Syracuse University's steam station operations project. Along with serving Syracuse University, the Steam Station serves the State University of New York College of Environmental Science and Forestry, SUNY Upstate Medical University, Syracuse VA Medical Center and Crouse Irving Memorial Hospital.

EAS Energy Partners

Acted for EAS Energy Partners (a consortium comprising Enwave, AECOM and Saunders Concessions), which have entered into a concession agreement with the National Western Center Authority for the construction, financing, operation and maintenance of a campus energy program for the National Western Center in Denver.

Alstom Transport Canada Inc.

Acted for Alstom Transport Canada Inc. in its role as maintenance subcontractor for the light rail extension to the Confederation Line, which is the first stage of the new light rail transit system in Ottawa, Ontario.

LA Gateway Partners

Acted for LA Gateway Partners in its approximately US$2-billion contract to design, build, finance, operate and maintain the Los Angeles International Airport (LAX) Consolidated Rent-A-Car Facility (ConRAC) development project. The development of the new facility will consolidate the operations of rental car agencies at LAX, which are currently spread across 23 separate properties surrounding the airport. Comprising 5.3 million square feet, the LAX ConRAC will be the largest ConRAC facility ever built.

Oakland Corridor Partners

Acted as transaction counsel to Oakland Corridor Partners team, comprising John Laing Investments Limited, AECOM Capital, Inc., Jay Dee Contractors, Inc., Ajax Paving Industries, Inc., Dan's Excavating, Inc. and C.A. Hull, in its winning bid for the design, build, financing and maintenance of the third and final segment of the I-75 Modernization Project in Michigan.

Acciona-Led Consortium

Acted as transaction counsel for a consortium comprised of Acciona Agua S.A., Acciona Agua Internacional, S.L. and Acciona Infrastructure Canada Inc., in its winning bid of $525 million for the design, build and finance of the Lions Gate Wastewater Treatment Plant project. Davies acted as lead transaction counsel for the consortium, including in the negotiation of the project documents with the Greater Vancouver Sewerage & Drainage District, the design-build documentation with the design-build contractor and the financing agreements with the lenders.

Etobicoke Healthcare Partnership LP (Axium Infrastructure Inc. and DIF Management Canada Ltd.)

Acted as transaction counsel for Etobicoke Healthcare Partnership LP (EHP) in its winning bid for the approximately $330-million design, build, finance, operation and maintenance of the Etobicoke General Hospital Phase 1 Patient Tower Project. Funds managed by Axium Infrastructure Inc. and DIF Management Canada Ltd. are equity sponsors of EHP. Davies acted as lead transaction counsel for the consortium, including in the negotiation of the project documents with Infrastructure Ontario and William Osler Health System, the design-build documentation with the construction contractor, the operation and maintenance documentation with the service provider and the financing agreements with the lenders, as well as the shareholder arrangements between the equity investors.

TransEd Partners consortium

Acted for the TransEd Partners consortium, comprised of Fengate Capital Management Ltd., Bechtel Development Company, Inc., EllisDon Capital Inc. and Bombardier Transportation Canada Inc., in its winning bid in excess of $1.8 billion for the design, build, finance, operation and maintenance of the City of Edmonton's Valley Line Light Rail Transit Project, which is the city's first public-private partnership project. The Valley Line is the largest single infrastructure project in Edmonton's history. Davies acted as lead transaction counsel for the consortium, including in the negotiation of the project documents with the City of Edmonton, the design-build documentation with the design-build contractor (which includes vehicles on this project), the operation and maintenance documentation with the O&M contractor and the financing agreements with the lenders, as well as the shareholder arrangements between the equity investors. The financing included $394-million senior long-term amortizing bonds with final maturity date of September 30, 2050 and a $200-million senior construction period credit facility.

Port City Water Partners consortium

Acted for the Port City Water Partners consortium, comprised of Brookfield Financial Corp., Acciona Agua International, S.L. and North America Construction (1993) Ltd., in its winning bid in excess of $200 million for the design, build, finance, operation and maintenance of the City of Saint John Safe Drinking Water project, which is the city's first public-private partnership project. Davies acted as lead transaction counsel for the consortium, including in the negotiation of the project documents with the City of Saint John, the design-build documentation with the design-build contractor, the operation and maintenance documentation with the O&M contractor, and the financing agreements with the lenders, as well as the shareholder arrangements between the equity investors.

Woodbourne Canada Partners III (CA) LP

Acting for Woodbourne Canada Partners III (CA) LP with its $180-million acquisition with Tridel Builders Inc. of the residential component of The Well from RioCan REIT, Allied Properties REIT and Diamondcorp.

Aecon Construction Group Inc., EllisDon Civil Ltd., SNC-Lavalin Construction and Dragados Canada Inc.

Acted for the design-build joint venture comprised of Aecon Construction Group Inc., EllisDon Civil Ltd., SNC-Lavalin Construction and Dragados Canada Inc., in the winning bid with an aggregate total of $9.1 billion for the design, build, finance, operation and maintenance of the City of Toronto's Eglinton Crosstown Light Rail Transit Project. This project is the largest transit expansion in Toronto's history and will be one of the largest P3 projects in Canada when it is completed in 2021. Davies acted as lead transaction counsel for the design-build joint venture, including in the negotiation of risk allocation between equity, the design-build contractor, the lenders and the procuring agencies on construction-related issues, the design-build documentation with the equity investors and lenders, as well as the interface documentation with the operation and maintenance contractor.

Ivanhoé Cambridge Inc.

Acted for Ivanhoé Cambridge in connection with the sale of the Fairmont Hotel Vancouver in Vancouver, British Columbia.

Ivanhoé Cambridge Inc.

Acted for Ivanhoé Cambridge on the sale of the Fairmont Empress Hotel in Victoria, British Columbia.

Northleaf Mid-Market Infrastructure Partners

Acted for Northleaf Mid-Market Infrastructure Partners in connection with a series of subordinated loans made available to the consortium on the Colorado US 36 Express Lanes Project. The subordinated debt proceeds complement a US$60-million TIFIA loan from the U.S. Department of Transportation; a US$20-million tax-exempt private activity bond ("PABs") issue; US$2 million in net construction revenues; and a US$41-million capital contribution from the State of Colorado.

Ivanhoé Cambridge

Acted for Ivanhoé Cambridge in the sale of the Fairmont Château Laurier Hotel in Ottawa, Ontario.

Northleaf Capital Partners

Acted for Northleaf Capital Partners in connection with its acquisition of Sierra Yoyo Desan Road in British Columbia.

407 East Development Group (SNC-Lavalin Inc. and Cintra Infraestructuras S.A.U.)

Acted for 407 East Development Group, a partnership formed by SNC-Lavalin Inc. and Cintra Infraestructuras S.A.U., in its winning bid for a 33.6-year DBFOM contract for the easterly extension of Highway 407 in Ontario and establishment of bank and short and long-term bond facilities for the financing of the project.

Meridiam Infrastructure, PCL Constructors Canada Inc. and Honeywell Limited (Access Justice St. Thomas)

Acted for Access Justice St. Thomas, a short-listed consortium of Meridiam Infrastructure, PCL Constructors Canada Inc. and Honeywell Limited, in relation to the design, construction, finance and operations of the St. Thomas Consolidated Courthouse project.

Fiera Capital Inc.

Acted for Accès Santé CHUM, a consortium including Fiera-Axium Infrastructure, Acciona S.A., HSBC Specialist Fund Management Limited, Pomerleau inc. and Verreault inc., which was short-listed to participate in a request for proposal from the Agence des partenariats public-privé du Québec and the Centre hospitalier de l'Université de Montréal ("CHUM") to design, build, finance and maintain the CHUM's new hospital centre. The CHUM is one of the largest university hospital centres to be procured in North America.

Macquarie Capital Markets Canada Ltd. and Hochtief PPP Solutions North America Inc.

Acted for the lenders to the Rose City Parkway Group consortium (with Macquarie, Hochtief, Aecon and Fengate as sponsors), which was short-listed to design, build, finance and maintain the Windsor-Essex Parkway in Ontario.

Fiera Axium Infrastructure and Meridiam Infrastructure Finance S.A.R.L.

Acted as lenders' counsel to Fiera Axium Infrastructure and Meridiam Infrastructure Finance S.A.R.L. in their bid for the Centre hospitalier de l'Université de Montréal (CHUM) Research Centre project.

Meridiam Infrastructure, Bouygues Travaux Publics and Transfield Services Ltd.

Acted for the Miami Access Tunnel consortium, comprised of Meridiam Infrastructure, Bouygues Travaux Publics and Transfield Services Ltd. for the design, build, finance, operation and maintenance of the US$1.3 billion greenfield Port of Miami Tunnel project. Davies also acted as lead counsel for the consortium on the financing of the Project, with the senior debt financing of US$340 million being provided through a club of 10 international banks and the subordinated debt financing of US$341 million being provided as a 35-year fixed rate loan by the United States Department of Transportation under the federal TIFIA (Transportation Infrastructure Finance and Innovation Act of 1998) program. This project was awarded the 2009 Global PPP Deal of the Year by Project Finance magazine and the 2009 Americas PPP Deal of the Year by each of Project Finance International and Project Finance magazine.

Birch Hill Equity Partners and TD Capital Group Ltd.

Acted for private equity firm Birch Hill Equity Partners Inc., TD Capital Group Ltd. and the other principal shareholders of Lift Technologies Inc. in the sale of Lift Technologies to Calvi Holdings of Italy.

Cadim Inc.

Acted for Cadim Inc. (a division of Caisse de dépôt et placement du Québec) in connection with its partnership arrangements with Westmont Hospitality Group and Cadbridge Investors LP, and acted for Cadbridge and InnVest REIT in connection with their joint negotiated takeover bid for Legacy Hotels REIT in a transaction valued at approximately $2.5 billion.

Access Justice Durham

Acted for Access Justice Durham (sponsored by Babcock & Brown, and including PCL Constructors and Johnson Controls), the successful consortium which entered into an agreement to design, build, finance and maintain the Durham Consolidated Courthouse, the first availability payment PPP relating to courthouses in North America and the first project to be completed by Infrastructure Ontario. This project received the 2007 CCPPP Award of Merit for Project Financing.

Woodbourne Investment Management

Acted for Woodbourne Investment Management on its provision of a $100-million financing of All Seniors Care Living Centres Inc.

Man Financial Inc.

Acted as Canadian counsel for Man Financial Inc. (now MF Global Ltd.), a global broker for exchange-traded futures and options, in its negotiated acquisition of the Canadian operations of Refco Group Ltd.

Access Roads Edmonton Ltd.

Acted for the successful consortium for the design, finance, build and operation of the Anthony Henday Drive Southeast Leg Ring Road in Edmonton, Alberta. The roadway will include eight interchanges, five flyovers, and two rail crossings, for a total of 29 bridge structures.

TrizecHahn Corporation and TrizecHahn Office Properties Ltd.

Acted for TrizecHahn Corporation and TrizecHahn Office Properties Ltd. in their disposition of the Canadian office portfolio for proceeds in excess of $3 billion.

Interview, Lexpert Special Edition: Infrastructure, “Infrastructure market shifting to collaborative contracting as demand meets macroeconomic headwinds”

May 13, 2024 - Read the article.

Interview, Lexpert Special Edition: Infrastructure, “Government priorities – Ottawa looks to green and clean, provinces focus on public transit and roads”

May 23, 2023 - Read the article.

Greg Southam Talks to Canadian Lawyer About P3 Challenges

Mar. 06, 2020 - In a recent article on the current climate of the Canadian P3 industry, Canadian Lawyer featured Davies partner Greg Southam’s insights on the opportunities and challenges that in-house counsel need to be aware of in 2020. While infrastructure opportunities continue to roll out across...

Greg Southam Speaks to Canadian Lawyer About Political Risk in the Canadian Infrastructure Market

Nov. 22, 2018 - In an interview published recently in Canadian Lawyer, Davies partner Greg Southam speaks about the growing role that political risk is playing in Canadian infrastructure projects. Greg doesn’t believe Ontario‘s recent change in government will upend too much on the infrastructure front;...

Ontario Unveils a New 15% Land Transfer Tax and Expanded Rent Controls

Apr. 20, 2017 - On April 20, 2017 the Ontario government announced a set of measures, dubbed the Fair Housing Plan, intended to “help more people find an affordable place to call home, while bringing stability to the real estate market and protecting the investment of homeowners.” The plan includes a proposed 15%...

Building Infrastructure: The Legal Framework for Canada's Push – Lexpert

Apr. 13, 2016 - In a Lexpert article exploring how Canada’s infrastructure industry will be affected by the coming increase in federal stimulus spending, Davies partner Greg Southam discusses public-private partnerships (PPPs), particularly in the municipal context, and pension...

Recent Developments in Ontario Real Estate

Feb. 26, 2016 - Ontario Court of Appeal Rules on Assignment of Lease by Tenant The Ontario Court of Appeal recently released its decision in Hudson’s Bay Company v. OMERS Realty Corporation, a case that involved the assignment and sublease of the tenant’s interest in anchor tenant...