Infrastructure & Transportation

Key Contacts

Blundy Paul High Resolution Image Paul D. Blundy
Partner, Head of Public Infrastructure Projects
T: 416.777.4854
Email
Booth Robert High Resolution Image Robert T. Booth Q.C.
Partner
T: 403.298.3252
Email
Smith Lawrence High Resolution Image Lawrence E. Smith Q.C.
Partner
T: 403.298.3315
Email
Osler William High Resolution Image William S. Osler
Partner
T: 403.298.3426
Email

Infrastructure

Canada's infrastructure deficit has been accumulating for decades. And now, as the effects of this deficit are being felt across the country by citizens and businesses alike, public infrastructure projects are being recognized as a necessary and timely response. Provinces have established, or are developing, P3 agencies that enable the infrastructure market to mature in those provinces. In combination with that, the federal government recently established PPP Canada Inc. This momentum shift, combined with Canada's strong economy, is making the market more attractive than ever for domestic and foreign P3 participants.

Bennett Jones has broad and deep experience sectorally and geographically in Canadian public infrastructure projects. We have acted on over 40 major infrastructure projects across Canada and internationally in the past 10 years – including power, water, telecommunication, transportation, health care and education projects. Across this spectrum, we have represented all major parties. Our representation of investors, contractors, government agencies and service providers equips us with the understanding and insight necessary to facilitate smooth transactions. Both those new to the P3 process and more seasoned players benefit from the experience we offer as a legal team with proven, successfully completed bids and projects.

Our team members have broad commercial and project finance skills and experience, and are adept at managing integrated teams of legal and industry experts. Our experience extends to procurement, consortium agreements and joint ventures, concession and project agreements, project finance, design-build issues, environmental compliance, and a wide range of labour, tax and securities regulation matters.

We are conversant with the range of procurement and financing options for public infrastructure projects, including outsourcing arrangements, leases, various financing structures, concessions, AFP, PPP and complete privatizations and we are actively involved with organizations such as the Canadian Council for Public-Private Partnerships.

Transportation

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. Given the varied nature of the industry – from the consolidation of air carriers to busing school children and transporting hazardous materials on railcars – 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, Bennett Jones offers an integrated set of legal services to transportation regulators and industry participants. Clients include a cross-section of transport manufacturers and service providers, such as 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.

For the past 20 years we have been advisors to Canada's major airlines such as the former Canadian Airlines International (currently Air Canada), advising them on insolvency and restructuring matters as well as on compliance issues, competition matters involving predatory pricing, mergers and acquisitions – all under the watchful eye of Canada's air transportation authorities. We have also represented clients in transportation safety and environmental disputes such as derailments, hazardous materials leaks and spills, accidents resulting in personal injury and cargo damage. We have advised clients on the privatization of transportation services and authorities, such as airports and airport authorities, shipping terminals, ports and railway hubs.

Several of our lawyers have been recognized for their leadership in the transportation industry, including in the Lexpert/American Lawyer Media Guide to the Leading 500 Lawyers in Canada and Euromoney's Guide to the World's Leading Aviation Lawyers.

Select Experience

  • Canadian Pacific Railway Limited in connection with its proposed US$28 billion merger with Norfolk Southern Corp.
  • Wheels Group, Inc. in connection with its corporate reorganization and subsequent acquisition by Radiant Logistics Inc. pursuant to a court approved plan of arrangement for approximately $100 million
  • NCSG Crane & Heavy Haul Services Corporation, and the shareholders thereof, in connection with the sale of a majority stake in NCSG to an investor syndicate led by TriWest Capital Partners IV, L.P. and Alberta Teachers Retirement Fund Board.

Recent Recognitions

  • 2017, The Legal 500: Canada

    Bennett Jones, ranked, Infrastructure and Projects
  • 2016, The Legal 500: Canada

    Bennett Jones, ranked, Infrastructure and Projects
  • 2015, The Legal 500: Canada

    Bennett Jones, recognized as a leading law firm in Infrastructure and Projects

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