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Brian Kelsall Toronto Lawyer

Brian C. Kelsall *

Partner Fasken
Jurisdiction Roll of Solicitors of England and Wales , 2005 | Alberta, 1985 | Ontario, 1982
Language(s) English
Office(s) Toronto
Contact
*practising through a professional corporation
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Overview

Brian Kelsall’s practice is focused on project finance and infrastructure development, banking and corporate finance and public private partnerships in Canada, the United States and emerging markets.

Regularly advising lenders, developers, contractors and procuring authorities, Brian has acted for clients across the infrastructure, telecom, energy, oil and gas, and mining sectors. He has advised the winning consortium on numerous P3 projects, including the US 36 Express Lanes/Bus Rapid Transit Project, the Pennsylvania Bridges Project, the State Street Redevelopment Project (Indiana) and Merced Campus (UC) Project (CA). He also advised the Federal Government and procuring authorities on the Gordie Howe International Crossing linking Canada and the U.S., and advised the Federal Government on its Communications Security Establishment Canada Long Term Accommodation Project (CSEC).

Regularly assisting with international project finance transactions, Brian acted for European Bank for Reconstruction and Development (EBRD) and other international financial institutions on the project financing for Mobifon S.A. in Romania, at the time the largest private sector financing in Romania. He has also advised on multiple telecom projects across Eastern and Central Europe.

Brian’s practice in project finance and banking law has been recognized by leading legal publications including, The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, Best Lawyers, Who’s Who Legal, Euromoney’s “Best of the Best”, Chambers Canada and the International Financial Law Review.

Achievements

  • Recognized in Project Finance, Lexpert 500 Cross Border Directory (formerly ALM 500) 2024 to 2026
  • Recognized nationwide as a Leading Individual in Infrastructure Projects, The Legal 500 Canada 2019 to 2026
  • Recognized nationwide in Project Finance, Chambers Canada 2016 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Most Frequently Recommended in Infrastructure Law, Canadian Legal Lexpert Directory 2015 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Repeatedly Recommended in Banking & Financial Institutions , Lexpert 2014 to 2026
  • Recognized nationwide in Canada in Project Finance, Chambers Global 2011 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Most Frequently Recommended in Project Finance, Canadian Legal Lexpert Directory 2010 to 2026
  • Recognized in Banking and Finance Law and Project Finance Law in Toronto, The Best Lawyers in Canada 2006 to 2026
  • Recognized as Recommended in Government Contracts and Project Finance, Lexology Index 2021 to 2025
  • Recognized nationwide as Highly Regarded in Project Finance; Banking, IFLR 1000 2014 to 2025

Experience

  • The Adult Corrections Facility Replacement Project, with a consortium led by Plenary Americas reaches financial close, [Deal - Plenary Americas], Public infrastructure investor completes financial close on facility replacement project.
  • Stonlasec8 Indigenous Alliance Limited Partnership completes C$715 million acquisition of 12.5% in Enbridge’s Westcoast pipeline, [Deal - TD Securities Inc.], Indigenous communities partnership complete partial acquisition of pipeline.
  • The Halifax Infirmary Expansion Project with a consortium led by Plenary Americas, completes financial close, [Deal - Plenary Americas], Plenary Americas LP and PCL Investments Inc. reach Financial Close for CAD $7.4 billion for Halifax Infirmary Expansion Project.
  • Infrastructure Ontario and Weeneebayko Area Health Authority Launch a C$1.8 billion Progressive Design-Build Project, [Deal - Infrastructure Ontario and Weeneebayko Area Health Authority], Fasken shapes groundbreaking healthcare project, fostering Indigenous community benefits in Ontario.
  • The I-10 Calcasieu River Bridge Public-Private Partnership Project, with a consortium led by Plenary Americas reaches financial close, [Deal - Plenary Americas], Plenary Americas, Acciona SA and Sacyr, S.A. reach Financial Close worth US$1,333,000,000 of the I-10 Calcasieu River Bridge Public-Private Partnership Project in Louisiana.
  • New Adult Mental Health & Addictions Facility Project, [Deal - Plenary Americas], Advised the funders in relation to the design, construction, financing and maintenance of the New Adult Mental Health & Addictions Facility in St. John’s, Newfoundland and Labrador.
  • Caisse de Dépôt et Placement du Québec acquires Plenary Americas, [Deal - Caisse de dépôt et placement du Québec], On March 12, 2020, CDPQ acquired the operating business, as well as a controlling stake in the public-private partnership portfolio of Plenary Americas, a leading investor, developer, and operator of public infrastructure in North America. Plenary Americas is a long-term investor, sponsor and ope...
  • Miami-Dade County Civil and Probate Courthouse Project, [Deal - Plenary Americas], Fasken advised Plenary Americas the winning consortium in relation to Miami-Dade County’s development of a Civil and Probate Courthouse in Miami, Florida, including the development of approximately 17 contiguous acres of city-owned property. The new courthouse will provide over 600,000 square fee...
  • Wataynikaneyap Power announces financial close and issues notice to proceed on Wataynikaneyap Power Transmission Project, [Deal - Ontario Ministry of Energy, Northern Development and Mines], On October 29, 2019, Wataynikaneyap Power ("Watay Power") announced that it has officially achieved financial close for construction of the Wataynikaneyap Power Transmission Project (the “Project”), the largest Indigenous-led infrastructure project in Canada. This exceptional Project is majority-...

Career & Education

Education

  • LLB University of Ottawa
  • BA University of Toronto

Memberships & Affiliations

  • Member, Canadian Bar Association 
  • Member, Ontario Bar Association
  • Member, Law Society of Upper Canada 
  • Member, Law Society of England and Wales 
  • Member, International Bar Association

News

  • Brian Kelsall and Gerry Ranking comment on trending procurement models in a special edition of Lexpert, 4/30/2025
  • Fasken Proud to Support Ukraine, 11/30/2022
  • Lexpert® ALM 500 Directory 2022 Names 22 Fasken Lawyers, 1/6/2022
  • Fasken Wins Gold for Infrastructure & Projects Deal of the Year at the 2020 Inaugural Canadian Law Awards, 10/8/2020
  • Lexpert® ALM 500 Directory 2020 Names 18 Fasken Lawyers, 12/13/2019
  • Forty-Two Fasken Lawyers Ranked in 2020 Edition of Legal 500 Canada, 11/19/2019
  • Gordie Howe International Bridge Project Awarded Lexpert®’s Canadian Deal of the Year 2018, 2/15/2019
  • Lexpert®ALM 500 Directory Names 18 Fasken Lawyers, 12/12/2018
  • Building Bridges - The Fasken role in the creation of the Gordie Howe International Bridge, 10/23/2018
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018

Speaking Engagements

  • 10th Annual Canadian Infrastructure Finance Forum, 7/8/2015
10th Annual Canadian Infrastructure Finance Forum Infrastructure & Public-Private Partnerships (PPP/P3) location location Whistler