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
"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
"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
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
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
"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
"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
Corporate Directorship
Former Director, CTV SportsNet Inc. (cable sports channel)
Directorships on various private corporations or non-share capital corporations