Davies

Robert T. Bauer

Bob Bauer is a senior partner in the Commercial Real Estate, Infrastructure and Corporate/Commercial practices. He specializes in commercial real estate development, infrastructure projects, public-private partnerships, project financing and joint venture work. Bob has particular expertise in large development projects, including hospitals, rail stations and rail lines, toll roads, technology parks, urban infrastructure redevelopment, casino complexes, trade centres, amphitheatres, office buildings, shopping centres, government projects, water and sewage treatment facilities and other mixed-use projects.

Bob's practice has focused on a broad range of commercial real estate and infrastructure projects both in Canada and internationally, including playing a principal role in large commercial real estate and infrastructure projects in the United States, Europe and Asia. He has been instrumental in the development of hospital projects in Vancouver and Abbotsford, British Columbia, and North Bay, Ontario and the commercial casino projects in Niagara Falls, Windsor and Rama. He has had major involvement in such international projects as the cross-border rail tunnel between Windsor and Detroit, a toll road in Tampa, Florida, an airport development project in Budapest, Hungary and a landmark mixed-use complex in Moscow.

Representative Work

  • Acted as lead transaction counsel for Plenary Infrastructure Calgary LP in its winning bid for the design, build, finance and maintenance of the City of Calgary's $174-million Stoney CNG Bus Storage and Transit Facility.

  • Acted as lead transaction counsel for Plenary Roads Winnipeg Transitway LP in its winning bid for the design, build, finance, operation and maintenance of the City of Winnipeg's $467 million Southwest Rapid Transitway (Stage 2) and Pembina Highway Underpass Project.

  • Acted for Plenary Health Milton LP, which was awarded a contract by Halton Healthcare to expand and maintain the Milton District Hospital, a $512-million project located in Milton, Ontario.

  • Acted for a consortium led by Plenary Group in connection with a request for proposal for the project involving the design, construction, finance and maintenance of the new Agence métropolitaine de transport (AMT) commuter train maintenance centre in Pointe-Saint-Charles, Québec.

  • Acting for China Machinery Engineering Corporation in connection with its transaction with JD Developments for the Phillip Street, Waterloo Ontario student residence project.

  • Acted for Plenary Health Peel LP, in its successful bid to design, build, finance and maintain the new Peel Memorial Centre for Integrated Health and Wellness, a $491 million project located in Brampton, Ontario.

  • Acted for Plenary Justice Okanagan Limited Partnership, which was awarded the $192.9-million contract by The Ministry of Justice, The B.C. Corrections Branch and the British Columbia Ministry of Technology, Innovation and Citizens' Services to design, build, finance and maintain the 378-cell, high security facility, Okanagan Correctional Centre, located near Oliver, British Columbia.

  • Acted for Plenary Health Kelowna Limited Partnership, which was awarded the $95.3-million contract by the Interior Health Authority to design, build, finance and maintain the new Interior Heart and Surgical Centre at Kelowna General Hospital, the first cardiac critical care centre in British Columbia outside the Lower Mainland.

  • Acted for Plenary Health Care Partnerships in their successful bid to design, build, finance and maintain the Humber River Regional Hospital. The new $1.1 billion state-of-the-art acute care facility will be constructed on a block of approximately 27 acres in Toronto, Ontario.

  • Acting for the City of Toronto in the $640 million redevelopment of Union Station, including the acquisition of Union Station from The Toronto Terminals Rail Company, the restoration and major transportation redevelopment jointly with Metrolinx and the creation of a new below-grade strata retail level.

  • Acted for Plenary Properties LTAP LP, which was awarded the $1.13-billion contract by Defence Construction Canada for a 33-year design-build-finance-maintain concession for the new headquarters of Canada's foreign intelligence and national cryptologic agency. Spanning over 84,000 square metres and scheduled for completion in 2015, the state-of-the-art facility will become the new home of Canada's national cryptologic agency. This project was awarded the 2011 North American Social Infrastructure Deal of the Year Award by Project Finance magazine.

  • Acted for the Borealis Transportation Infrastructure Trust ("Borealis") which was an equal partner with Canadian Pacific Railway Company ("CPR") in the Jobs Tunnel (formerly Detroit River Tunnel), which operates a rail tunnel between Windsor and Detroit. On June 30, 2009, Borealis purchased an additional 33.5% interest in the partnership for aggregate proceeds of $110 million, increasing its total partnership interest to 83.5%. Borealis now owns 83.5% and CPR owns 16.5%, though their interests in certain assets of the partnership remain evenly split. Regulatory approvals for the transaction were required under the Competition Act (Canada), the Canada Transportation Act, 2006 and the International Bridges and Tunnels Act, 2007.

  • Acted for the University of Waterloo in connection with the commercial "high tech" development of the 750 acre North Campus in Waterloo, Ontario.

  • Acted for MaRS Discovery District in the RFP for the redevelopment of the 1 million square foot second phase of the MaRS Convergence Centre in downtown Toronto and currently acting in the commencement of such redevelopment by a subsidiary of MaRS. MaRS is a non-profit innovation centre connecting science, technology and social entrepreneurs with business skills, networks and capital to stimulate innovation and accelerate the creation and growth of successful Canadian enterprises.

  • Acted for Plenary Health which led the successful consortium for the design, build, finance and operation of the new Niagara Health System project. The Niagara Health System project reached financial close on March 27, 2009. The project is an Alternative Financing and Procurement ("AFP") project for the design, build, finance and maintenance aspects of a greenfield 970,000 square foot hospital and cancer centre in St. Catharines, Ontario. Payments to cover construction, building maintenance, lifecycle repair and renewal and project financing will be made on an availability and performance basis, in a total amount of $1.42 billion over 30 years, or a net present value of $759 million. This project was awarded the 2009 Americas Social Infrastructure Deal of the Year by Project Finance magazine, 2009 Award of Merit for Project Financing by the Canadian Council for Public-Private Partnerships and, since 2010, has been included annually on ReNew Canada's Top 100 Canada's Biggest Infrastructure Projects list.

  • Acted for Plenary Health which led the successful consortium for the design, build, finance and maintenance of the new Bridgepoint Hospital, replacing the existing facility. The Bridgepoint Health project reached financial close on August 12, 2009.

  • Acted for the City of Toronto in the Toronto waterfront revitalization project, including negotiations with private developers and government ministries and agencies, advising on issues such as public ownership of lands, governance, environmental liabilities and protections and the negotiation of procurement, design, development, construction and financing documentation.

  • Acted for the Ontario Lottery and Gaming Corporation in the $1-billion development, financing and operation of the Niagara Falls Casino Complex/Gateway Project.

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Recognition

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  • Named Toronto Public Finance Law Lawyer of the Year 2017 in The Best Lawyers in Canada.
  • Named in The Best Lawyers in Canada as Toronto Real Estate Law Lawyer of the Year 2016.
  • Named in The Legal 500 Canada as a leading lawyer in Infrastructure & Projects and Real Estate.
  • Named a leading lawyer in Who's Who Legal: Government Contracts and Who's Who Legal Canada: Real Estate
  • Recognized in the IFLR1000: Guide to the World's Leading Financial Law Firms as a leading Project Finance lawyer.
  • Consistently listed in The Best Lawyers in Canada in Project Finance Law, Public Finance Law and Real Estate Law.
  • Recognized in Chambers Global: The World's Leading Lawyers for Business and Chambers Canada as one of the top four lawyers in Canada in Projects: PPP & Infrastructure (Band 1); in Chambers Global in Real Estate (Band 1); and Chambers Canada in Real Estate (Band 1) and Real Estate: Ontario (Band 1).
  • Recognized in the Lexpert Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada as a leading practitioner in Project Finance.
  • Recognized in Expert Guides' Construction and Real Estate Expert Guide as a top legal practitioner in real estate, and in Guide to the World's Leading Banking, Finance and Transactional Lawyers as a top legal practitioner in project finance.
  • Most frequently recommended in The Canadian Legal Lexpert Directory as a leading practitioner in the areas of Project Development and Project Finance, consistently recommended in the area of Infrastructure Law and repeatedly recommended in the area of Corporate Commercial Law.
  • Recognized in The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada in Project Finance and Property Development.
  • Recognized in the Report on Business/Lexpert special edition Canada's Leading Infrastructure Lawyers.

Professional Affiliations

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Canadian Bar Association

Law Society of Upper Canada

American Counsel Association

Board Memberships

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Community Involvement

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Teaching Engagements

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Speaking Engagements

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Bob is a frequent speaker at Canadian Institute P3 Conferences. He has spoken to the Canadian Institute Infrastructure Financing Conference on the subject of "Development and Renewal in Canada". Bob has spoken at the Canadian Council on the topic of "P3 Fundamentals on Delivering Successful Public-Private Partnerships" and at the Conference Board of Canada’s P3 Executive Conference. Bob has addressed the eighth annual conference of the National Executive Forum on Public Property.

Articles and Publications

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Bob has written a number of articles, including "Distinguishing Public Private Partnerships from the Public Sector Contractual Approach" and "Legal Issues in Structuring RFPs".

Robert Bauer
Robert Bauer
Partner
Office:
Toronto
Tel:
416.863.5552
Email:
rbauer@dwpv.com
Bar Admissions:

Ontario, 1976

Education:

University of Toronto, LL.B., 1974

Harvard University, B.A., 1969