Transportation

We guide transportation clients through complex regulation and cross-border challenges to protect operations and drive growth.
Key Contact
Foxcroft Simon
Subway tunnel

Overview

Free trade, open sky arrangements, the reorganization of Canada's transportation networks and growing carrier liability issues have altered the face of the country's transportation industry. Transportation-related work is highly regulated, extremely competitive and extensively insured. Combining our knowledge of transportation law with our experience in competition policy, labour relations, environmental regulation and insurance law, we offer an integrated set of legal services to transportation regulators and industry participants.

We have advised on issues ranging from consolidation of air carriers to busing school children and transporting hazardous materials on railcars for a cross-section of transport manufacturers and service providers: public, private and charter airlines, aircraft and helicopter manufacturers, aerospace companies, trucking companies, railways, financial institutions underwriting transportation operations and industry regulators such as the Canadian Transportation Agency and the Transportation Safety Board. Among the full range of our services, our work regularly includes advising on:

  • Transportation safety and environmental disputes such as derailments, hazardous materials leaks and spills
  • Development, construction and financing of and ongoing operations and maintenance for transportation services and public transportation authorities and public-private partnerships for airports and airport authorities, shipping terminals, ports and railway hubs
  • Compliance with industry-specific regulation including air and rail transportation regulation
  • Employment services for both federally and provincially-regulated providers
  • Litigation related to personal injury and cargo damage
  • Protection and exploitation of proprietary intellectual property and technology
  • Aviation and equipment finance and asset-based lending
  • Customs and trade issues
  • Insolvency and restructuring matters in regulated industries

Client Work

Flair Airlines
in connection with the change of aircraft owners and the negotiations of lease novation & amendment agreements
Flair Airlines
in the establishment of an aircraft engine lease facility with FTAI Aviation LLC
Flair Airlines
in the seizure of four of its aircraft in March 2023, and the $50-million lawsuit launched by Flair against Airborne Capital
Flair Airlines
in its leasing of new Boeing 737 Max 8 aircraft and in the expansion of its fleet
Flair Airlines
on a broad range of regulatory matters, including Canadian ownership requirements, tariff requirements, Transport Canada policies and consumer protection issues
Chorus Aviation
in connection with its aircraft-backed loan facility that we previously helped structure with the Bank of Nova Scotia
Vancouver Airport Fuel Facilities
in the development of a new aviation fuel delivery system to support Vancouver International Airport in BC
Canadian Pacific Railway
in its public offering via prospectus supplement of an aggregate of $2.2-billion principal amount of notes
Canadian Pacific Railway
in its public offering via prospectus supplement of an aggregate of US$6.7-billion principal amount of notes
Canadian Pacific Railway
in its public offering of $300-million aggregate principal amount of 3.05% notes due 2050
Canadian Pacific Railway
in its public offering of US$500-million aggregate principal amount of 2.050% notes due 2030
Canadian Pacific Railway
in connection with its proposed US$28 billion merger with Norfolk Southern
Mitsubishi
in its acquisition of Bombardier's Canadair Regional Jet series aircraft program for approximately US$550 million
Government of Bermuda
in connection with the redevelopment and 30 year operation of Bermuda's L.F. Wade International Airport
Wheels Group
in connection with its corporate reorganization and subsequent acquisition by Radiant Logistics
NCSG Crane & Heavy Haul Services
in connection with the sale of a majority stake in NCSG to an investor syndicate led by TriWest Capital Partners
RTL-Westcan
in connection with the sale of its operating business to Kenan Advantage Group and its industrial properties to Edgefront Realty
RTL-Westcan
in connection with a Canada-led offering of CDN$130 million of senior secured second lien guaranteed notes and concurrent acquisition of substantially all of the assets of ECL Transportation
Scotia Capital and RBC Dominion Securities
in connection with the issuance of preferred shares by Pembina Pipeline for gross proceeds of $250,000,000
Parkland Income Fund
in connection with its $9.1 million acquisition of the business of Wiebe Transport
Air Canada
in connection with the Eximbank guaranteed financing of four Bing 777-300ER Aircraft and three Bing 777-200LR Aircraft
Air Canada
in the acquisition and financing of 18 EMB 190 aircraft
Air Canada
in respect of lease financing with Bombardier Capital of 15 CRJ 200 aircraft
Air Canada
in connection with lease financing with Bombardier Capital of 15 CRJ 705 aircraft
Air Canada
in connection with the leases for 6 Dash 8-100 aircraft to Freedom Airlines
Air Canada
in connection with the acquisition and financing of 15 EMB 175 aircraft with PK Air Finance
Access Pipeline
in connection with a $400 million joint venture between MEG Energy Corporation and Devon ARL Canada
Laidlaw
in connection with its $5 billion total debt in its restructuring pursuant to Chapter 11 of the US Bankruptcy Code and the Companies' Creditors Arrangement Act
Mackenzie Valley Aboriginal Pipeline Group
in connection with the negotiation and structuring of commercial agreements including ownership agreements among various aboriginal groups

Recognitions

Chambers Canada
Band 1, Transportation: Aviation
The Legal 500: Canada
Ranked, Tier 1, Transport: Aviation
Ranked, Infrastructure and Projects

ReNew Canada: 2024 Top 100 Infrastructure Projects Report
Ranked Silver with involvement in 10 of the top 100 projects
Foxcroft Simon

Simon Foxcroft

Partner  •   Co-Head of Corporate Department

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