project finance  


Large-scale infrastructure projects have the potential to deliver permanent and dramatic improvements to a region's economy, bringing new wealth and greater opportunity to its people.

For those financing such projects, deals are characterized by their size and complexity. Participants may include governments, lenders, engineers, construction firms and owners, and investments can reach into the billions of dollars.

McMillan's Financial Services Group has worked on a wide range of project finance initiatives executed by enterprises, as well as public-private partnerships (P3s). Our lawyers deliver a comprehensive range of advice to both project sponsors and lenders on the financial concerns inherent in bankrolling large projects.

We have acted on transactions involving all types of public infrastructure arrangements including privatizations, outsourcing arrangements, P3s, concessions, leases and alternative financing structures. Our experience spans the complete range of P3 arrangements including design-build, design-build-finance and design-build-finance-maintain projects.

The McMillan P3 team has been lead counsel on the majority of P3 projects procured throughout Canada in recent years including more than 15 transportation-related projects and over 30 in healthcare. We have also served as lead counsel on over 60 P3 projects posted by Infrastructure Ontario, the largest procuring body in Canada.

We maintain a strong equity sponsor/consortium-side practice, acting for some of the leading Canadian and global development, construction, and investment companies. We have undertaken significant lender's and underwriter's counsel roles with all of the major Canadian capital markets players, as well as private placement investors and foreign banks.

McMillan professionals help clients lead by:

  • Managing the due diligence process
  • Helping them measure the ‘bankability' of a potential project
  • Advising on potential financing options, including bonds, bank credit facilities, commercial paper and syndicated finance
  • Drafting contracts and documents for project financing participants
  • Identifying and helping resolve issues that can derail or delay deals
  • Advising on P3s