Dan's practice includes a diverse range of corporate and commercial law areas and extensive work in various Public Infrastructure projects. He provides legal advice to a variety of corporations and financial institutions. A large part of Dan's practice is devoted to acting as a "legal counsel" resource for many corporate/commercial clients. His expertise includes commercial financing, asset and share acquisitions and divestitures, corporate reorganizations, commercial leasing and development, contract law, and general business and corporate law. Dan is co-chair of the firm's infrastructure and public projects practice and has written and presented extensively in the area of public infrastructure and public/private collaborations.

Dan has worked on the structuring and financing of many public/private partnerships. He has in-depth expertise on appropriate risk allocation and project structuring and documentation in the design, build, operation and financing of such projects, and has advised both the private and public sectors in many successful and high profile projects of this type.

Dan Ferguson brings a wide range and depth of experience to a commercial/infrastructure projects practice that involves financing, M&A, corporate reorganization and general advice for numerous commercial clients of all types, as well as noted expertise in meeting the needs of both the public and private sectors in public infrastructure projects and public/private collaborations.

Dan's practice includes a diverse range of corporate and commercial law areas and extensive work in various Public Infrastructure projects. He provides legal advice to a variety of corporations and financial institutions. A large part of Dan's practice is devoted to acting as a "legal counsel" resource for many corporate/commercial clients. His expertise includes commercial financing, asset and share acquisitions and divestitures, corporate reorganizations, commercial leasing and development, contract law, and general business and corporate law. Dan is co-chair of the firm's infrastructure and public projects practice and has written and presented extensively in the area of public infrastructure and public/private collaborations.

Dan has worked on the structuring and financing of many public/private partnerships. He has in-depth expertise on appropriate risk allocation and project structuring and documentation in the design, build, operation and financing of such projects, and has advised both the private and public sectors in many successful and high profile projects of this type.

Notable Mandates

Some of Dan's recent accomplishments include acting in the following:

  • the structuring and financing of various public-private partnerships relating to municipal arenas, public transportation systems, municipal sports and entertainment centres, power generation facilities and university and hospital expansions;
  • merchant bank equity investments and financing of growing private companies;
  • major build to suit and long term lease arrangements for corporate headquarters and business premises of various national and multi-national corporations in various cities and airports throughout Canada;
  • secured loan transactions involving advances ranging from one million to one billion dollars; and
  • complex acquisitions and reorganizations of various manufacturing and high tech companies.

Publications

"Corporate Governance for Municipally-Owned Local Electricity Distribution Utilities", April 2016 (with Robert Warren)

"Quiz: Navigating public-private partnerships", Canadian Lawyer Magazine, March 2014 (with Bradley McLellan)

"Quiz: Impact of Changes in FIT 2.0", Canadian Lawyer Magazine, April 2013 (with Stephen Doak)

"Quiz: P3s and Infrastructure", Canadian Lawyer InHouse Magazine, April 2011 (with Bradley McLellan)

"Property Development Aspects of Infrastructure and Other Public Projects", The Canadian Legal Lexpert Directory 2011, February 2011 (with Bradley McLellan and Sylvia Adriano)

"To P3 Or Not To P3 (Presentation)", 2010 Association of Corporate Counsel Conference, October 2010 (with Bradley McLellan)

"To P3 Or Not To P3", 2010 Association of Corporate Counsel Conference, October 2010 (with Bradley McLellan)

"Infrastructure Quiz", Canadian Lawyer IN HOUSE Magazine, February 2008 (with Bradley McLellan)

"Structuring and Financing P3s", WeirFoulds LLP - The Advantage Spring/Summer 2004, April 2004 (with Bradley McLellan)

Books

Co-author (with Ralph Kroman), "Franchising in Canada", International Franchising Law (Matthew Bender & Co. Inc.)

Contributor, Canadian Chapter on international joint ventures, International Joint Ventures (Matthew Bender & Co. Inc.)

Papers and Periodicals

Co-presenter with Bradley McLellan of a paper entitled "ABC's of a Successful P3 – The Players, The Rules, The Process", presented at SEDA's (Saskatchewan Economic Development Association) 3rd Annual Municipal Infrastructure Conference, Nipawin, SK, April 21-23, 2015.

"Critical Issues in the Planning and Implementation of Public Private Partnerships", a paper presented at a conference on Public Private Partnerships: Opportunities and Challenges presented to Senior Lawyers from various Business and Regulatory Portfolios in the Federal Government, Ottawa, ON, October 8, 2013 (Co-presented with Bradley McLellan)

"Planning Infrastructure in the Trenches: Overcoming the Challenges Facing Municipalities", Project Scoping, Operations and Funding Strategies for: Renewing, Developing and Financing Canada's Infrastructure", Insight Information, Toronto, ON, October 19, 2009

"Infrastructure Renewal and Development in the Caribbean: Lessons of Best Practices from Canada and Around the World", a presentation delivered with Bradley McLellan at the 11th Annual Caribbean Commercial Law Workshop, South Beach, Miami, Florida, August 16-18, 2009

"Building Municipal Infrastructure through Partnerships: How to Secure Funds and Gain Government Support", a presentation delivered with Bradley McLellan at the Canadian Institute Conference Partnering for Public Infrastructure, Toronto, Ontario, May 11-12, 2009

"Infrastructure Project Structure Issues for Pension Funds", a position paper co-authored with Bradley McLellan posted on Canadian Institute Online Debates on Pension Fund Investment in Infrastructure, April 14-May 15, 2009

"Identifying and Managing Risks in Contracts for Public Transit Systems", Provincial/Municipal Government Liability, Canadian Institute Conference, Toronto, Ontario, February 9-10, 2009

"How to Structure Winning P3 Agreements to Maximize Value for Money (The Keys to Success from an Ontario Public Sector and Municipal Perspective)", Public-Private Partnerships - Strategies to Achieve Best Value for Money and Manage your Partnership Effectively, Canadian Institute Conference, Vancouver, British Columbia, November 4-5, 2008

"Determining the Optimal Risk Allocation in a P3 Project", Negotiating P3 Agreements, Canadian Institute Conference, Edmonton, Alberta, October 20-21, 2008

"Municipal Project Opportunities" The Legal and Business Guide to Infrastructure Projects, Osgoode Hall Professional Development, Toronto, September 24 and 25, 2008

"Choosing Projects and Partners and Developing Your Business Case: Real Life Case Studies", Partnering for Public Infrastructure, Canadian Institute Conference, May 12-13, 2008

"Managing Risk when Delivering Infrastructure and Related Services" Provincial/Municipal Government Liability, The Canadian Institute, Toronto – February 7 and 8, 2008

"Alternative Models for the Delivery and Safe Drinking Water and Wastewaster, WeirFoulds LLP ThinkTank/Seminars – January-March 2008

"Legal and Regulatory Issues and Project Documentation in Infrastructure Projects" Infrastructure Investment Summit presented by the Canadian Investment Review, Mt. Tremblant, Quebec – May 23-25, 2007

"Planning and Developing a Successful Infrastructure Project", Infrastructure Investment Summit, Canadian Investment Review, Mont Tremblant, June 14-16, 2006

"Best Practices in Assembling a Top-Notch Project Finance Team and Structure: Tips and Traps", Canadian Institute Infrastructure Financing Development and Renewal Conference, February 23 and 24, 2006

"Making P3s Work: The Public Sector Perspective", WeirFoulds Conference, October 27, 2003

"Making Shareholders' Agreements Worthwhile", Second Annual Contemporary Legal Issues Conference, May 1991

"Determining the Most Suitable Ownership Structure", Insight Conference

"Search, Acquisition and Ownership of Commercial Real Estate Developments", Insight Conference

Speaking Engagements

Speaker, "Delivery of Municipal Infrastructure and Other Public Projects Using a P3 Model", IMLA's 82nd Annual Conference, Niagara Fall, October 2017

Co-moderator with Bradley McLellan of various blue ribbon panels at the "Municipal Infrastructure Dialogue" conference for the public and private sectors presented by WeirFoulds LLP at Copper Creek Golf Club in Kleinburg, ON, May 12, 2015.

Co-presenter with Robert Warren, "Governance of Municipal Electric Utilities", presented at a conference, To Own or Not to Own - Ownership and Governance Issues for Municipally-Owned Electricity Distribution Utilities, presented by the Council for Clean & Reliable Electricity, Markham, ON, February 27, 2014

Speaker, EPC Contracts Workshop, Caribbean Corporate Counsel Summit 2013, Association of Caribbean Corporate Counsel, Port of Spain, Trinidad, December 5-6, 2013

Co-presenter with Bradley McLellan, "Critical Issues in the Planning and Implementation of Public Private Partnerships", a paper presented at a conference on Public Private Partnerships: Opportunities and Challenges presented to Senior Lawyers from various Business and Regulatory Portfolios in the Federal Government, Ottawa, ON, October 8, 2013

Speaker, "The Nuts and Bolts of Planning, Negotiating and Implementing a Project with a Private Sector Partner", Post-Forum Masterclass, Municipal Infrastructure Financing & Development Forum, The Canadian Institute, Toronto, ON, June 15-16, 2011

Co-presenter, "Workshop: "Infrastructure Funding - Long Term Financing", Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) Annual Conference, Toronto, ON, June 12-15, 2011

Speaker, "Issues Municipalities Need to Address in Financing, Funding, Structuring and Documenting their Infrastructure Projects", WeirFoulds Municipal Law Client Seminar, Toronto, ON, June 2, 2011

"To P3 or not to P3: Planning and Structuring Municipal Infrastructure Projects", WeirFoulds Municipal Law Client Seminar, Toronto, ON, June 3, 2010

"Planning Infrastructure in the Trenches: Overcoming the Challenges Facing Municipalities", Project Scoping, Operations and Funding Strategies for: Renewing, Developing and Financing Canada's Infrastructure", Insight Information, Toronto, ON, October 19, 2009

"Infrastructure Renewal and Development in the Caribbean: Lessons of Best Practices from Canada and Around the World", a presentation delivered with Bradley McLellan at the 11th Annual Caribbean Commercial Law Workshop, South Beach, Miami, Florida, August 16-18, 2009

"Building Municipal Infrastructure through Partnerships: How to Secure Funds and Gain Government Support", a presentation delivered with Bradley McLellan at the Canadian Institute Conference Partnering for Public Infrastructure, Toronto, Ontario, May 11-12, 2009

"Opinions", a presentation at the Toronto Community Housing Corporation Legal Conference held on April 21, 2009

"Identifying and Managing Risks in Contracts for Public Transit Systems", Provincial/Municipal Government Liability, Canadian Institute Conference, Toronto, Ontario, February 9-10, 2009

"How to Structure Winning P3 Agreements to Maximize Value for Money (The Keys to Success from an Ontario Public Sector and Municipal Perspective)", Public-Private Partnerships - Strategies to Achieve Best Value for Money and Manage your Partnership Effectively, Canadian Institute Conference, Vancouver, British Columbia, November 4-5, 2008

"Determining the Optimal Risk Allocation in a P3 Project", Negotiating P3 Agreements, Canadian Institute Conference, Edmonton, Alberta, October 20-21, 2008

"Municipal Project Opportunities" The Legal and Business Guide to Infrastructure Projects, Osgoode Hall Professional Development, Toronto, September 24 and 25, 2008

"Choosing Projects and Partners and Developing Your Business Case: Real Life Case Studies", Partnering for Public Infrastructure, Canadian Institute Conference, May 12-13, 2008

"Managing Risk when Delivering Infrastructure and Related Services" Provincial/Municipal Government Liability, The Canadian Institute, Toronto, February 7 and 8, 2008

"Alternative Models for the Delivery and Safe Drinking Water and Wastewaster, WeirFoulds LLP ThinkTank/Seminars – January-March 2008

"Legal and Regulatory Issues and Project Documentation in Infrastructure Projects", Infrastructure Investment Summit, Canadian Investment Review, Mont Tremblant, Quebec, May 23-25, 2007

"Planning and Developing a Successful Infrastructure Project", Infrastructure Investment Summit, Canadian Investment Review, Mont Tremblant, June 14-16, 2006

"Best Practices in Assembling a Top-Notch Project Finance Team and Structure: Tips and Traps", Canadian Institute Infrastructure Financing Development and Renewal Conference, February 23 and 24, 2006

"Making P3s Work: The Public Sector Perspective", WeirFoulds Conference, October 27, 2003

"Making Shareholders' Agreements Worthwhile", Second Annual Contemporary Legal Issues Conference, May 1991

"Determining the Most Suitable Ownership Structure", Insight Conference

"Search, Acquisition and Ownership of Commercial Real Estate Developments", Insight Conference

Affiliations

Law Society of Upper Canada

Ontario Bar Association

Mississauga Board of Trade

Etobicoke Chamber of Commerce

Oakville Chamber of Commerce

The Canadian Council for Public-Private Partnerships

Corporate Directorship

Former Director, CTV SportsNet Inc. (cable sports channel)

Directorships on various private corporations or non-share capital corporations

Partner*

Toronto
Direct 416.947.5029
Fax 416.365.1876
ferguson@weirfoulds.com
* Partner through a professional corporation

Practice Areas

Infrastructure and Public Projects

Corporate and Commercial Transactions

Commercial Real Estate

Sports Law

Called to the Bar
Ontario (1984)
Education
Osgoode Hall Law School
LL.B. 1982

University of Toronto
B.A. 1978

Affiliations

Law Society of Upper Canada

Ontario Bar Association

Mississauga Board of Trade

Etobicoke Chamber of Commerce

Oakville Chamber of Commerce

The Canadian Council for Public-Private Partnerships

Corporate Directorship

Former Director, CTV SportsNet Inc. (cable sports channel)

Directorships on various private corporations or non-share capital corporations

Called to the Bar

Ontario (1984)

Education

Osgoode Hall Law School
LL.B. 1982

University of Toronto
B.A. 1978