Our Team

Mark W.S. Bain

Partner

	Direct: 416.865.7349 Office: Toronto Fax: 416.865.7380 Email: mbain@torys.com

	Mark is consistently recognized as one of Canada’s leading infrastructure and project finance lawyers.

Practice

Mark Bain is consistently recognized as one of Canada’s leading infrastructure and project finance lawyers. He has acted on over 50 major public-private partnership (PPP) and alternative financing and procurement (AFP) transactions.

Mark has acted on a broad range of PPP, AFP and other infrastructure transactions in the healthcare, power, telecom, education, justice, gaming, water and wastewater, pipelines, public records and urban redevelopment fields. He has represented all of the principal parties to such transactions, including sponsors, equity investors, lenders, arrangers and underwriters, contractors, service providers and public authorities.

Recent mandates include Windsor Essex Parkway (for the successful proponent), Niagara Health System (for the public authorities) and Women’s College Hospital (for the successful proponent).

Mark is the head of Torys’ Public-Private Partnerships practice, and co-head of the firm’s Infrastructure and Energy practice.

Recognitions

Chambers & Partners’ Chambers Global: World’s Leading Lawyers for Business, The Client’s Guide, 2013—Leading lawyer in projects: PPP and infrastructure

Lexpert/American Lawyer's Guide to the Leading 500 Lawyers in Canada, 2008-2013—Leading practitioner in project finance

Lexpert/Thomson Reuter’s Canadian Legal Lexpert Directory, 2011-2012—Most frequently recommended as a leading lawyer in project finance

Law Business Research’s Who’s Who Legal: The International Who’s Who of Project Finance Lawyers, 2010-2013—Leading project finance lawyer

Chambers & Partners’ Chambers Global: World’s Leading Lawyers for Business, The Client’s Guide, 2006–2012—Leading lawyer in projects: PPP and infrastructure, and banking and finance

Legal Media Group/Euromoney's IFLR1000 Guide to the World's Leading Financial Law Firms, 2008, 2010 and 2011—Leading Canadian lawyer in project finance

Law Business Research’s Who’s Who Legal: Canada, 2010-2012—Leading lawyer in project finance and public procurement

Law Business Research’s Who’s Who Legal: The International Who’s Who of Business Lawyers,2009-2012—Leading public procurement lawyer

Project Finance Magazine Market Survey, 2007—Recognized internationally as the best individual lawyer in the PFI/PPP sector

Lexpert/Thomson Canada's Lexpert Guide to the 100 Most Creative Lawyers in Canada, 2006—rated one of the 40 corporate lawyers to watch

Transactions

Mark has represented

Infrastructure/PPP

Azurix in the acquisition of the Hamilton-Wentworth water and wastewater system PPP project
Balfour Beatty
- as a shortlisted proponent for the Quinte Consolidated Courthouse AFP project
- as a shortlisted proponent for the St. Thomas Consolidated Courthouse AFP project
Bilfinger Berger Project Investments
- as the successful proponent for the C$455 million Women’s College Hospital AFP project
- as a shortlisted proponent for the Alberta Schools Alternative Procurement II PPP project
- as a shortlisted proponent for the Forensic Sciences and Coroner’s Complex AFP project
- as a shortlisted proponent for the Southwest Detention Centre project
BPO Properties as shortlisted proponent for the C$400 million Calgary Law Courts PPP project
Brookfield LePage Johnson Controls as the facilities management service provider and consortium member of Access Health Vancouver, in the PPP transaction for the Gordon and Leslie Diamond Health Care Centre in Vancouver
City of Barrie for the Barrie P3 Transit project
City of Calgary as a shortlisted proponent for the National Portrait Gallery PPP project
City of Regina for the proposed Regina stadium project
Dalkia Canada as a member of a shortlisted proponent for the Bridgepoint Health AFP project
FESSA (EllisDon Inc./Empresa Constructora Sigro S.A./Fengate Capital Management Ltd.) as a prequalified bidder for the Antofagasta Hospital concession project in Antofagasta, Chile
Forum Equity Partners
- as the preferred proponent for the SRO Renewal Initiative PPP project in Vancouver, British Columbia
- as a shortlisted proponent for the Driver Examination Services project in Ontario
- as a shortlisted proponent for the Ontario Provincial Police Modernization AFP project
- as a shortlisted proponent for the Thunder Bay Consolidated Courthouse project
Government of Northwest Territories for the proposed Mackenzie Valley Fibre Link project
Infrastructure Ontario
- and Niagara Health System in the C$759 million AFP transaction for a new acute care hospital and cancer centre in St. Catharines, Ontario
- and the Ministry of Community and Social Services in the C$93 million AFP transaction involving the construction and financing of the new Roy McMurtry Youth Centre in Brampton, Ontario
- and the joint executive committee of North Bay General Hospital and Northeast Mental Health Center in the C$551 million AFP transaction for the North Bay Regional Health Centre, a new co-located acute care hospital and specialized mental health centre in North Bay, Ontario
- and Bluewater Health in the C$214 million AFP expansion and redevelopment of Bluewater Health’s Norman Site
Laing O’Rourke as a member of a shortlisted proponent for the PanAm Athletes' Village AFP project
Ontario Realty Corporation in the C$45 million PPP transaction for the new Archives of Ontario facility at York University
Parry Sound Health Centre in the PPP analysis for the future hospital project
Pearson Express Consortium (Laing O’Rourke/Flatiron) as a shortlisted proponent for the Pearson Air Rail Link AFP project
Telus Corporation as a shortlisted proponent for the Alberta First Responder Cellular Communication System project
The Healthcare Infrastructure Company of Canada
- as the selected private partner in the C$180 million PPP transaction for the new Royal Ottawa Mental Health Centre in Ottawa
- as the selected private partner in the C$550 million PPP transaction for the new Brampton Civic Hospital in Brampton, Ontario
- as a shortlisted proponent in the PPP transaction for the new Abbotsford Regional Hospital and Cancer Centre in Abbotsford, British Columbia
Town of Bancroft in its proposed C$100 million Building Bancroft PPP project
Waterfront Toronto in the development and redevelopment of approximately 300 hectares of parks and public spaces along Toronto’s waterfront
West Champlain Healthy Community Corporation in the DBFO transaction for the Ottawa Valley Health Centre
Windsor Essex Mobility Group (ACS/Acciona/Fluor) as the successful proponent for the C$1.4 billion Windsor Essex Parkway AFP project

Project Finance

ACE Aviation Holdings (Air Canada) in its post-CCAA US$680 million secured term loan credit led by GECC Capital Markets Group
Corpfinance International in its C$36 million project financing for the Stoney Nakoda First Nations casino in Alberta
Falls Management Company in a C$700 million offering of senior secured floating rate notes to finance the development of the Niagara Casino project
Lenders to Community Health Consortium (Lend Lease/Acciona/Aecon/Dalkia) as a shortlisted proponent for the Halton Health Sciences AFP project
Lenders to Elite Tunnel Group (Macquarie) as a shortlisted proponent for the Billy Bishop Toronto City Airport Pedestrian Tunnel PPP project
Lenders to Future Health Consortium (Bilfinger Berger/SNC Lavalin) as a shortlisted proponent for the Humber River Regional Hospital AFP project
Lenders to Plenary Group as a shortlisted proponent for the Waterloo Consolidated Courthouse AFP project
Lenders to Rideau Transit Group (ACS/SNC Lavalin/EllisDon) as a shortlisted proponent for the Ottawa LRT project
Lenders to SNC Lavalin as a shortlisted proponent for the Humber College Learning Resources Common AFP project
Lenders to SNC Lavalin as a shortlisted proponent for the Sheppard Maintenance and Storage Facility AFP project
Ontario Hospital Association in a capital swap program for up to C$1 billion in Health Services Restructuring Commission project funding
RBC Capital Markets as underwriters' counsel of the short-term and long-term bonds issued by Plenary Properties LTAP LP, the successful proponent in the $1.1 billion P3 transaction to design, build, finance and maintain the new headquarters for a Canadian federal agency

Professional Involvement

Before joining Torys, Mark was a partner at another major Toronto firm, where he led its public infrastructure projects practice group.

Mark teaches advanced business law at the University of Windsor, and is a special lecturer for the Schulich real estate and infrastructure MBA program.

Selected Publications and Presentations

Infrastructure Transactions - Projects offer an expanding role for capital markets
Torys' Capital Markets 2012 Mid-Year Report | June 2012

Public-Private Partnerships in Canada
Guest lecturer, Schulich School of Business, York University | September 28, 2011

Examining Municipal Projects on the Go To Refine Your Infrastructure Plans
Presenter, Canadian Institute's Municipal Infrastructure Financing & Development, Toronto | June 15–16, 2011

2010 Canadian Deals in Review
Presenter, Canadian Projects & Money 2011, Toronto | June 15, 2011

What You Need to Know – A Primer
Speaker, OBA Institute 2011 Public Sector Lawyers Program, Toronto | February 3, 2011

Seizing Opportunities in Emerging Markets
Moderator, 18th Annual CCPPP National Conference on Public-Private Partnerships, Toronto | November 23, 2010

Public Private Partnerships in Hospitals
Presenter, International Health Seminar Brazil – Canada | October 20, 2010

Public-Private Partnerships in Canada
Speaker, 10th Annual National Public Private Partnerships Summit, Melbourne, Australia | June 17, 2010

Expert Panel: Will Canadian PPPs Escape the Liquidity Crisis?
Panelist, PPPBulletin, vol. 14, issue 1 | February 2, 2009

The Expanding and Maturing Canadian PPP Market
Author, PEI Media and Campbell Lutyens’ Investing in Infrastructure, a Guide to Infrastructure Investing by the World's Leading Infrastructure Deal-Makers | January 28, 2009

Public-Private Partnerships: The Expanding and Maturing Canadian Market
Author, Privatisation & Public Private Partnership Review | May 1, 2008

Major Capital Projects
Co-author, Lexpert/ALM Guide to the Leading 500 Lawyers in Canada | January 1, 2008

Public Private Partnerships: Growing Momentum in the Canadian Market
Author, Euromoney Yearbooks’ Privatisation & Public Private Partnership Review 2007/08 | May 1, 2007

Major Capital Projects
Co-author, Lexpert/ALM’s Guide to the Leading 500 Lawyers in Canada | March 13, 2007

Public-Private Partnerships and Alternative Finance and Procurement Programs
Co-author, Lexpert Guide to the 100 Most Creative Lawyers in Canada | April 20, 2006

Putting Partnership First
Co-author, Managing Partner Magazine | November 25, 2005