Public Private Partnerships
Lesotho. Currently advising the International Finance Corporation and the government of Lesotho on a public private partnership for the operation and maintenance of 165 regional health centers and the provision of medical waste management and disposal services, as well as a pilot project for medical waste management and disposal services.
Grenada General Hospital. Advising the International Finance Corporation and the Government of Grenada with respect to the development and implementation of a public-private partnership to design, finance, construct, equip and manage the main referral hospital in St. George’s, Grenada, in replacement of the existing 198-bed facility.
Northeast Anthony Henday Drive (Alberta). Advising the lenders to a bidder’s consortium with respect to the project agreement and the financing of this 24-km bypass highway in Edmonton ($1 billion).
Sainte-Justine University Hospital Center. Advising a bidder in respect of its proposal to design, finance and construct a new hospital building, research centre, power plant and parking facilities for the Sainte-Justine CHU in Montreal ($950 million).
CHUM Medical Research Centre. Mr. Dunsky advised the Centre hospitalier de l’Université de Montréal in connection with the design, construction, financing and operation of a new state-of-the-art medical research centre in downtown Montreal pursuant to a public-private partnership. The project, which closed on May 28, 2010, was the first public bond-financed public-private partnership in Canada ($485 million).
CHUM Teaching Hospital. Mr. Dunsky has advised the Centre hospitalier de l’Université de Montréal (CHUM) with regard to the design, financing, construction and operation of a new 772-bed teaching hospital in downtown Montreal, pursuant to a public-private partnership($1.5 billion +).
A-30 highway. Advised a key construction contractor in respect of its participation in this $1.5B project for the design, financing, construction and operation of Highway 30, a 42-kilometre bypass highway near Montreal.
RCMP “E” Division Headquarters. Advised the service provider in a consortium bidding to design, finance, construct and operate a new divisional headquarters for the Royal Canadian Mounted Police.
St. John Courthouse. Advised the New Brunswick Department of Supply and Services as special counsel in connection with a proposed public-private partnership to design, finance, construct and operate a new courthouse in St. John.
Montreal Olympic Stadium. Mr. Dunsky has advised the RIO in connection with the development of a public-private partnership for the financing, construction, operation and maintenance of a new roof for Montreal’s Olympic Stadium ($200 million).
Mindarie resource recovery facility. Mr. Dunsky recently advised a Canadian corporation in respect of its participation in a consortium which successfully bid and was awarded a project to design, build, finance and operate a resource recovery (composting) facility near Perth in the context of a public-private partnership proposed by the Mindarie Regional Council, Western Australia ($70 million).
Doûda, Djibouti desalination facility. Mr. Dunsky advised a developer in connection with the design, financing, construction and operation of a 40,000 m3/day desalination facility located at Doûda, Djibouti ($100 million).
Argenteuil Deux-Montagnes waste disposal site. Mr. Dunsky advised an inter-municipal board in connection with the development of a public-private partnership for the expansion and operation of a solid waste treatment site in the Montreal region providing services to 500,000 inhabitants on a lease-finance-expand-operate basis ($70 million).
Infrastructure and Structured Finance
Canada/Angola. Advising the lenders in connection with a structured loan financing the rehabilitation and modernization of the Matala dam and auxiliary facilities ($280 million).
Canada/Ghana. Advising the lenders in connection with a structured loan financing the construction of a 132 MW thermal generation facility ($194 million).
Canada/Kazakhstan. Advised the lenders in connection with a structured loan financing the acquisition of agricultural machinery ($17 million).
Canada/Angola. Advising the lenders in a structured loan intended to finance the export from Canada to Angola of goods, equipment and services related to the construction of water and waste treatment facilities ($110 million).
Canada/Germany. Advised the lenders in a structured loan which financed the import to Canada from Germany of a large quantity of commercial printing presses ($200 million).
Canada/Dominican Republic. Advised the lenders in a structured loan which financed the export from Canada to the Dominican Republic of goods, equipment and services related to the construction of hydroelectric generation facilities in that country.
Canada/Venezuela. Advised the lenders in a structured loan which financed the export from Canada to Venezuela of goods, equipment and services related to the construction of hydroelectric generation facilities in that country.
Canadian wind farms. Advising a large wind turbine manufacturer with regard to its activities in Canada and certain projects in the United States. These activities include investments in wind farm projects as well as the sale and installation of wind turbines.
Brookfield Renewable Energy Partners. Advised the Independent Committee of Brookfield Renewable Power Fund on electricity-related matters with regard to the combination of its assets with those of its parent, Brookfield Renewable Power Inc., to create Brookfield Renewable Energy Partners L.P., one of the world’ largest dedicated developers and operators of renewable energy facilities, principally in the hydroelectric section, with assets throughout Canada, the United States and Brazil ($13 billion).
Hydro-Québec wind energy tender. Advised a developer in a tender process launched by Hydro-Québec for the purchase of 2,000 MW of wind energy. Two of our client’s proposals to build, own and operate wind farms totalling 116 MW, to be located in New Richmond and Saint-Valentin, Quebec, were accepted. At the time, it was the largest such tender anywhere in the world. Mr. Dunsky also advised another client in this process, with respect to its proposal to design, finance, construct and operate four wind farms with a combined capacity of approximately 500 MW.
Ontario FIT Programme. Mr. Dunsky is advising clients in connection with several proposals to develop, finance and operate renewable energy facilities in Ontario under the province’s feed-in tariff programme, the first in North America. One of our client’s project, a 120 MW wind farm, has been selected for development.
Great Lakes Hydro Income Fund. Mr. Dunsky advised the Independent Committee of Great Lakes Hydro Income Fund on electricity-related matters with respect to its acquisition of 15 hydroelectric power plants and a wind farm project from its principal shareholder, Brookfield Renewable Power Inc., for consideration of $945M.
Ontario Power Authority’s RES III tender. Mr. Dunsky advised a client in respect of its proposals to design, build, finance and operate two wind farms in Ontario, with a total capacity of 180 MW, as part of the OPA’s RES III (Renewable Energy Supply) tender.
Electricity exports to New York State. Mr. Dunsky is advising a client in connection with its plans to export electricity from Canada to the United States. The project involves extremely complex regulatory issues as well as significant capital expenditures.
Great Lakes Hydro Income Fund. Mr. Dunsky provided advice on electricity-related matters to the Independent Committee of Great Lakes Hydro Income Fund in the acquisition from Brookfield Renewable Power Inc. of interests in the 189-MW Prince Wind farm in Ontario and in the 45 MW-Pingston Hydro station in British Columbia.
US wind farms. Mr. Dunsky is advising a client in connection with its proposal for the development of wind farms in Colorado (2 × 40 MW) and New York State (90 MW).
Ghoubet and Gali Ma’aba wind farms. Mr. Dunsky is advising a US company in respect of wind farms at Ghoubet (10 MW) and Gali Ma’aba (30 MW). The total value of these projects is $120M.
Egypt. Advised the Ministry of Electricity and Energy regarding structuring of a tender process to attract independent producers to finance, build and operate windmills farms in Egypt.
Jordan. Advised the Ministry of Energy and Mineral Resources regarding the preparation of a regulatory framework for the promotion of renewable energy, and the development of a draft power purchase agreement.
Jordan. Advised the Ministry of Energy and Mineral Resources in connection with the grant of concessions to operate wind farms for the generation of up to 90 MW of electricity on a Build-Own-Operate (BOO) basis, and their interconnection to the Jordanian grid.
Egypt. Mr. Dunsky advised the Ministry of Electricity and Energy with regard to the tender process, selection and negotiation with the selected bidder, in respect of the construction and operation of Zafarana IV 80 MW wind farm in Egypt on a turnkey basis associated with a 5-year operating contract.
Jordan. Advised the Jordan Petroleum Refinery Company in relation to issues concerning the re-negotiation of the terms of its concession, the liberalization of Jordan’s downstream petroleum sector, and the financing of the proposed expansion of its petroleum refinery, and the possible creation of an independent governor/controller position.
Canada. Advised one of the world’s largest wind turbine manufacturers in connection with its proposed establishment of manufacturing facilities in Canada.
USA. Advised the lenders in respect of the refinancing of five wind farms in Texas, New Mexico, Wyoming and Minnesota, and the taking of security over a sixth wind farm in Texas.
Canada. Advised an industrial purchaser of gas on the negotiation of large-scale energy trading agreements.
Uganda. Advised a UK-based developer and its joint venture partners in connection with certain matters related to its proposed acquisition of electricity distribution network assets to be privatized by Uganda Electricity Distribution Company, together with the grant of a 20-year operating concession.
Nicaragua. Legal advisor to an international developer and its joint venture partners in connection with its proposed acquisition of two hydroelectric power stations being privatized by Empresa Nicaragüense de Electricidad.
Philippines. Legal advisor to Subic Bay Metropolitan Authority, administrative authority of the Subic Bay Freeport Zone in the Philippines, in connection with the commercialization, and possible privatization, of its electricity distribution network.
Zimbabwe. Legal advisor to the Zimbabwe Electricity Supply Authority for the development, construction and operation of a thermal coal-burning power station (1,400 MW), on a BOO basis, in Gokwe North by way of a US$1.4 billion joint venture with National Power Plc.
Zimbabwe. Legal advisor to the Zimbabwe Electricity Supply Authority for the privatization, financing and expansion, on a BOO basis, of the Hwange Power Station (1,500 MW after expansion) by way of a joint venture with Malaysian foreign investors.
Haiti. Legal advisor to the Conseil de Modernisation des Entreprises Publiques, in connection with legislative enactments governing the structuring and implementation of Haiti’s privatization program, covering Haiti’s transportation, telecommunications, electricity, water and commercial sectors.
Canada. Legal advisor to a hydroelectric generating company in the structuring and negotiation of a series of power purchase agreements (totalling approximately 220 MW) involving a variety of industrial purchasers, including a newly restructured pulp and paper mill in the Province of Québec, Canada, and its interconnection to two separate provincial power grids.
Colombia. Legal advisor to a Canadian developer with respect to the development, construction and operation, on a build-operate-transfer (BOT) basis, of a 40 MW co-generation plant in Putumayo Province, Colombia.
Canada. Advised a multinational corporation regarding the purchase of large quantities of natural gas from Alberta and its transport to Montreal.
Algeria. Advised a major urban transportation authority in connection with its proposal to organize the operation of, or to operate on its own, a new Metro system in the city of Algiers.
Algeria. Advised the Government’s Privatization Committee in relation to certain matters pertaining to the transfer to a private-sector operator and the grant of a concession to operate Houari Boumediene Algiers International Airport on a lease-renovate-finance-operate basis. This concession would be the first Algerian concession outside the petroleum sector.
Russia. Mr. Dunsky advised a Canadian manufacturer of specialized railroad and urban transit equipment in connection with the establishment of a joint venture with a Russian corporation for joint manufacture and sale of equipment to the Russian locomotive industry.
USA/Canada. Legal advisor to Canadian National Railway Company in connection with the development of a joint venture partnership and concession for the financing, construction and operation of a fibre-optic telecommunications network linking the Atlantic, Pacific and Gulf of Mexico coasts ($1 billion).
Sri Lanka. Advised the Government in respect of a proposal to establish public-private partnerships in the commuter and freight rail sector.
United Kingdom. Advised CP Ships Limited, one of the world’s largest shipping companies, in connection with its spin-off from parent Canadian Pacific Limited, its reorganisation as an independent corporation and the listing of its shares on the New York and Toronto Stock Exchanges. This included, in addition to the commercial and financing aspects of the transaction, coordination of legal and regulatory matters over the 21 jurisdictions in which CPS has operations, including many of the world’s largest ports ($4 billion).
Canada. Legal advisor to underwriters in connection with a $100 million financing transaction involving a major Canadian charter airline.