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 30 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 health care, 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.

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

Recognitions

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

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

Lexpert/Thomson Canada’s Canadian Legal Lexpert Directory 2010—Repeatedly recommended as a leading lawyer in project finance

Chambers & Partners’ Chambers Global: World’s Leading Lawyers for Business, The Client’s Guide 2006–2010—Leading lawyer in projects: PPP and infrastructure, and banking and finance

Law Business Research’s Who’s Who Legal: The International Who’s Who of Business Lawyers 2009 and 2010—Leading public procurement lawyer

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

Lexpert/Thomson Canada’s Canadian Legal Lexpert Directory 2008 and 2009—Consistently recognized as a leading lawyer in project finance

Legal Media Group's Guide to the World's Leading Project Finance Lawyers 2008—Leading lawyer in Project Finance

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

During 2009, Mark has been representing sponsors, developers and lenders on approximately 10 Canadian PPP and AFP transactions currently in the procurement stage. In addition, he has represented

Infrastructure

Dalkia Canada as part of a short-listed proponent for the Bridgepoint Health AFP project
Infrastructure Ontario
- and Niagara Health System in the 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 (PPP/AFP)
- and the joint executive committee of North Bay General Hospital and Northeast Mental Health Center in the 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
West Champlain Healthy Community Corporation in the DBFO transaction for the Ottawa Valley Health Centre
The Healthcare Infrastructure Company of Canada
- as the selected private partner in the PPP transactions for the new Royal Ottawa Mental Health Centre in Ottawa
- as the selected private partner in the PPP transactions for the new Brampton Civic Hospital in Brampton, Ontario
- as a short-listed proponent in the PPP transaction for the new Abbotsford Regional Hospital and Cancer Centre in Abbotsford, British Columbia
Ontario Realty Corporation in the PPP transaction for the new Archives of Ontario facility at York University
Brookfield LePage Johnson Controls as the facilities management service provider and consortium member of Access Health Vancouver, in the PPP transaction for the new Gordon and Leslie Diamond Health Care Centre in Vancouver
BPO Properties as shortlisted proponent for the C$400 million Calgary Law Courts project PPP project
Parry Sound Health Centre in the PPP analysis for the future hospital project
Azurix in the acquisition of the Hamilton-Wentworth water and wastewater system PPP project

Project Finance

Corpfinance International in its project financing for the Stoney Nakoda First Nations casino in Alberta
ACE Aviation Holdings (Air Canada) in its post-CCAA US$680 million secured term loan credit led by GECC Capital Markets Group
Ontario Hospital Association in a capital swap program for up to C$1 billion in Health Services Restructuring Commission project funding

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

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

Directorships

Canadian Council for Public-Private Partnerships

Selected Media highlights

July 30, 2010: Who's Who Legal: Canada 2010 names 24 of Torys' lawyers as among Canada's outstanding practitioners

June 29, 2010: Torys congratulates Infrastructure Ontario at the opening of Bluewater Health's new hospital addition

June 21, 2010: Torys congratulates Infrastructure Ontario's involvement in North Bay Regional Health Centre

March 5, 2010: Niagara Health System project financing wins North American Social Infrastructure Deal of the Year

February 23, 2010: Chambers Global 2010 names Mark Bain, Krista Hill and Jonathan Weisz among Canada's top private-public partnership and infrastructure lawyers

February 23, 2010: Chambers Global 2010 names nine of Torys' lawyers among Canada's top banking and finance lawyers

December 7, 2009: Torys congratulates the winners of CCPPP's national innovation and excellence awards

December 4, 2009: Mark Bain is re-elected to the board of the Canadian Council for Public-Private Partnerships

Practice Areas and Industry Groups

Infrastructure and Energy Project Development and Finance Public-Private Partnerships

Bar Admissions

Ontario, 1989

Education

LLM, 2000
Osgoode Hall Law School

LLB, 1987
University of Western Ontario

BA (Honours), 1984
University of Toronto