Recent Experience
Canadian Utilities Limited, an ATCO company, in the sale of its entire Canadian fossil fuel-based electricity generation portfolio for approximately $835 million, which was completed in three stages, through the sale of its interest in the Cory project in Saskatchewan to SaskPower International Inc., a sale of its interest in the Brighton Beach project in Ontario to Ontario Power Generation Inc., and a sale of the balance of the applicable generation assets through a sale of its equity interest in ATCO Power Canada Ltd. to Heartland Generation Ltd., an affiliate of Energy Capital Partners.
OntarioMD Project: We acted as legal advisers on the large OntarioMD project across many hospitals in Ontario to collect, maintain, and ensure distribution access of medical records digitally to all participating health care service providers.
Connecting GTA Project (e-Health, UHN, Telus): We acted as legal advisers on the large Connecting GTA Project across many hospitals in Ontario to collect, maintain, and ensure distribution access of medical records digitally to all participating health care service providers.
Shared Services West: Lead legal advisor in the structuring and contract negotiations for large enterprise ERP project, including ERP software license, and consulting services for the configuration and implementation of ERP across three large hospitals.
Informatics Software Dispute Settlement: Represented a large Ontario Hospital in its settlement negotiations with a large multinational IT vendor who alleged that the hospital had breached a material enterprise software licence through inadvertent excessive users, seats and internal distribution.
Large Group of Toronto Hospitals (2012): Lead counsel in the renegotiation of numerous legacy software licences into a consolidated enterprise licence model, with integrated maintenance and support and redesign services to move business processes into a distributive architecture.
Shared Services West (2009-2010): Duncan Card is the legal and commercial advisor to William Osler Hospital, Trillium Health Centre, and Port Credit Hospital in the consolidation of various business, IT, and communication operations to create a shared-services infrastructure, including all related legal, corporate, governance, commercial and procurement matters.
Cancer Care Ontario: Undertook a series of projects related to compliance with public sector procurement policies, guidelines and legal requirements.
British Columbia Health Services: Creation and implementation of health care “smart card”.
Alberta Medical Association: Counsel to professional association on creation of provincial health information system.
Canada Blood Services: Legal counsel on various data management and related technology infrastructure procurement matters.
CSTAR, Western University: Pro bono advisory work related to various health technology strategic alliances.
Orthopedic and Arthritic Hospital (Toronto): Legal counsel in the acquisition of an enterprise record management and financial administering system.
Trillium Health Centre: Advising on numerous IT procurement transactions, including Peel/PSN Telecom, IBM, THINK Alliance Transactions, Eclipsys Software, Toronto Hydro Telecom, and other transactions.
Abbotsford Hospital and Cancer Care Centre: Counsel to The Healthcare Infrastructure Company of Canada, as a short-listed bidder, in connection with the PPP transaction for the new 281-bed hospital and cancer care centre in Abbotsford, British Columbia. When THICC withdrew from the competition, we acted for Johnson Controls Inc. as service provider to the successful consortium. Prior to joining Bennett Jones one of our team members also acted for the financial arrangers advising The Healthcare Infrastructure Company of Canada on this project.
Native Insurance Health Benefits Project: Creation of a national dental and health benefits records, insurance claims, and related data processing system with Blue Cross (Ontario).
Parry Sound Hospital and Niagara Health System: Advising on AFP option analyses.
Calgary Health Region: In connection with the Colonel Belcher Hospital Project, with the preparation of its RFP to the development and community and worked to negotiate all facets of the project.
Special Task Force On The Project of Large-Scale Information and Informatory Technology Projects (2005): Duncan Card was the only lawyer among the 83 persons who were invited to make a presentation to the Ontario Government.
Plexxus Program: Counsel to Bearing Point and 19 large Ontario hospitals, as lead legal counsel in connection with the strategic development, innovative business case and commercial organization of one of the largest health care sector outsourcing and share-service transactions in Canada, which is now the Plexxus Program and includes Toronto General, Princess Margaret, Sunnybrook Health Sciences, and Mount Sinai Hospitals.
Extendicare North America and ParaMed: Advising on numerous IT and online/procurement transactions and related legal matters, including, counsel to Extendicare (Canada) Ltd. in connection with the design, construction and operation of multiple long-term care projects, including project financing provided by Borealis, with an aggregate of over 1,200 beds across Ontario.
Blue Cross (Ontario): Advising on numerous medical record, data processing and health insurance IT projects.
Oncolytics Biotech Inc.: In connection with setting up clinical trial programs in the United Kingdom for the systematic delivery of reovirus as an oncolytic agent and for the testing of various reovirus in combination with radiotherapy.
Alberta Research Council Inc.: In connection with a number of Collaborative Development Agreements with respect to solid oxide fuel cells, including an agreement in negotiation with Pirelli Labs.
The Hospital for Sick Children: In connection with their procurement of Sun Microsystems technology and in connection with their adoption of the GHX.com procurement platform.
North Bay Regional Health Centre: Counsel to Infrastructure Ontario and the Joint Executive Committee of the North Bay General Hospital and Northeast Mental Health Centre in connection with the $551-million PPP transaction for the new 388-bed North Bay Regional Health Centre.
Niagara Health System: Counsel to Infrastructure Ontario and Niagara Health System in connection with the AFP transaction for a new acute care hospital and cancer centre in St. Catharines, Ontario.
Sudbury Regional Hospital: Counsel to EllisDon Corporation in connection with the $132-million build finance AFP project for phase two of Sudbury Regional Hospital’s planned consolidation of all services from three sites to one.
Sarnia Bluewater Health Centre: Counsel to Infrastructure Ontario and the local hospital in connection with the $214-million build finance AFP project for new construction and renovations that will consolidate all hospital programs and services in the Sarnia-Lambton area at Bluewater Health’s Norman Street site in Sarnia.
Royal Ottawa Mental Health Centre: Counsel to The Healthcare Infrastructure Company of Canada, the selected private partner, in connection with the $118-million PPP transaction for the Royal Ottawa Mental Health Centre, a new 188-bed psychiatric facility.
Brampton Civic Hospital: Counsel to The Healthcare Infrastructure Company of Canada, the selected private partner, in connection with the $550-million PPP transaction for the Brampton Civic Hospital in Brampton, Ontario, the first major acute care hospital PPP project in Canada to reach financial close.
University of Alberta Hospital: Counsel to hospital on various intellectual property and licence transactions.
Misericordia Community Hospital and Health Centre: Counsel to hospital on various intellectual property and licence transactions.
Gordon and Leslie Diamond Health Care Centre, Vancouver General Hospital: Counsel to Brookfield LePage Johnson Controls as facilities manager and member of the Access Health Vancouver consortium in connection with the $95-million PPP transaction for the Gordon and Leslie Diamond Health Care Centre on the site of Vancouver General Hospital in Vancouver, British Columbia.
Nucryst Pharmaceuticals: Advising on various commercial transactions related to commercial development for its emerging products.
University Health Network (Toronto General Hospital, Toronto Western Hospital, Princess Margaret Hospital): Advising on a series of intellectual property commercialization issues for the University Health Network, and in close association with the General Counsel of UHN.
Trillium Health Centre: Counsel to EllisDon Corporation in connection with the $103 million build-finance AFP project for the expansion and redevelopment of Trillium Health Centre’s Mississauga and West Toronto locations.
BioPharma, New Era Nutrition Inc. and Neurospheres: Advising on protection of intellectual property along with negotiation of key license and commercial agreements.
Novopharm: In connection with a variety of work including; NOC matters, pharmaceutical licence and patent matters.
Quadramed Corporation: Counsel to vendor of software system for four Canadian Hospitals.
Hamilton Health Sciences Corporation: Counsel to EllisDon Corporation, in connection with the $44.9-million alternative financing and procurement transaction involving the redevelopment of the Hamilton General Hospital campus of Hamilton Health Sciences Corporation.
Bennett Jones