Law Times

Law Times • June 21, 2010 NEWS PAGE 5 Infrastructure deficit a top threat, study finds Continued from page 1 million of the $700 million required for the 45 per cent of roads needing work. Th e situa- tion is so bad that southern Ontario drivers are spend- ing an average of almost $2,000 over the life of their cars to repair dam- age caused by poor road conditions. Education isn't costs involved in P3s aren't ef- fi cient unless you're dealing with projects of around $40 mil- lion," Murphy says. Municipal ac- counting tech- niques and transparency obli- gations have also been issues. "Municipalities' Heather Douglas faring much bet- ter. Th e Ontario Public School Boards' Association estimates deferred maintenance costs are about $8 billion. Facing these kinds of num- bers, some believed municipali- ties would be among the fi rst to hop on the P3 bandwagon, but they haven't. "Some municipalities that have dipped their toes into P3-type ar- rangements in the past have been burned by the process," says Tim Murphy of McMillan LLP. Murphy blames a lack of fi nan- cial, legal, and technical expertise at the municipal level for the P3 experiments gone awry. "Municipalities haven't had the staff , resources or institu- tional expertise to deal with the complexities of P3s," he says. Municipal projects also tend to be smaller in scope than provincial or federal projects and, in many cases, investors perceive they lack the necessary effi ciencies of scale. "For example, the transaction practice of consoli- dating fi nancing leases within their fi nancial ments makes it more diffi cult to offl oad debt to the private sector," says Gross. "And the fact that any project must ultimately be ap- proved by council and there- fore becomes public creates a subtle inhibitor for the private sector's participation." Still, the time for municipal engagement in P3s seems oppor- tune, lawyers believe. A study by the Federation of Canadian Municipalities in Jan- uary noted that 96 per cent of Canadians want the federal gov- ernment to maintain or increase funding for local infrastructure in the next fi ve years. Another 69 per cent (second only to health care's 75 per cent) regard the is- sue as the most important prior- ity for continued spending even as the government deals with the defi cit. At the same time, 83 per cent believe Canada's prosperity is at risk if the government fails to upgrade facilities. Finally, 37 per cent say aging infrastructure Staff to wear jeans to blend in during G20 Continued from page 1 on the tone of police conduct, we hope." So far, several law students have volunteered to become legal observers. "Th at's useful for us because they know what we're talking about, and it provides a nice bridge between the movement and the lawyers," Oja says. On possibly the other side of the coin — but the same side of the security fence — Bay Street lawyers are girding for a tough week. Th e fi nal boundaries of the G20 fence south of King Street spared large fi rms the hassle of security checks, but that has proved a dou- ble-edged sword since protesters could surround their buildings. Siobhan Walsh, chief administrative offi cer at Bennett Jones LLP, says her fi rm will shut down the offi ce on Friday and over the weekend. For the earlier part of the week, she'll be on high alert. "I really hope that there is no violence, but we have to be prepared for that," she says. "We've got a contingency plan in place and we will draw on that in the event we have to make any quick decisions." Walsh says the fi rm has advised employees to dress down, includ- ing by wearing jeans, so they "sort of blend in with the protesters and don't stick out as someone who works in these buildings." It's all proved too much for some lawyers who have booked the entire week off , but Walsh says others are curious about what will happen. Bennett Jones has rented offi ce space north of the 401 as part of its contingency plan. Heather Caldwell, general manager of Gowling Lafl eur Hen- derson LLP, says her fi rm will also close on Friday and has made its Hamilton, Ont., offi ce available to Toronto employees. In the meantime, most lawyers will work remotely from home. "If they need to be in the offi ce based on client demand, we have the space for them there," she says. At Blake Cassels & Graydon LLP, chief fi nancial offi cer Richard Prupas says the fi rm has also decided to close on Friday. "We are monitoring the situation and are working to maintain our service to clients throughout the weekend. We will continue to service our clients and our other offi ces by accessing our systems remotely." LT Willis & Winkler on Labour (LT 1-4x3).indd 1 www.lawtimesnews.com 6/16/10 11:40:48 AM LT0621 For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. ORDER your copy today Perfectbound • Approx. 130 pp. July 2010 On subscription • $74 P/C 0145140000 One time purchase • $84 P/C 0145010000 ISSN 1920-2393 • state- is, along with the federal defi cit, one of the top threats to the na- tional economy. All of this, however, doesn't necessarily make P3s a no-brainer for municipalities. "Th ere's no question that infrastructure needs to be de- livered, but that doesn't answer the question as to how that infrastructure should be deliv- ered," says Bradley McLellan, also with WeirFoulds. "Our advice to our municipal clients is that there should never be an automatic answer or a knee-jerk reaction to P3s, and the deci- sion should always follow on an assessment of the individual circumstances and the business case for and against." LT D&D_LT_June7_10.indd 1 6/2/10 10:19:25 AM Willis & Winkler on Leading Labour Cases 2010 An analytical review of key labour decisions and major trends This annual resource, also available online in Labour Spectrum, identifies key developments and addresses continuing and emerging issues important to your labour practice. It also goes hand in hand with Labour Arbitration Cases. The 2010 edition includes: • Charter Cases • The constitutionality of personal information searches • The constitutionality of statutory definitions of "strike" • The Sufficiency of Reasons • Assessing sufficiency • Curing insufficiency: the problem of • Mandatory Arbitration Clauses in Labour Relations Statutes: The Impact of Structural Divergence • Mandating a method for the settlement of differences • Settlement of differences by "arbitration or otherwise" • Union Security Clauses in Labour Relations Statutes: Legislative Differences that Matter • Union security provisions and unionization • Union security and case law Distinguished: Exceptions to the Exclusive Jurisdiction of Arbitrators • Recent cases that have distinguished • Key Updates: Accommodation, Duty to Mitigate, Damages, and Standards of Judicial Review • Includes reference to (2008) and (2008), (2008) Elaine B. Willis and The H Chief Justice of Ontario onourable W arren K. Winkler, functus officio Weber FTQ Dunsmuir v. New Brunswick Evans v. Teamsters, Loc. 31 We b e r H ydro- Quebec v. S CFP-

• Cover
• Charter Rights
• Dodging A Bullet
• Focus On Family Law