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Project Financing


Fasken has helped structure project financing for industrial and infrastructure initiatives throughout North America, Africa, Asia, Australia and Europe. We have a multi-lingual team in eight offices, working together to apply sharp industry expertise and project experience that meets time-sensitive demands.
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Overview

Project financing calls for knowledge of the unique banking, industry and regional considerations affecting a project, and structure terms that take account of such considerations.

We help our clients structure and implement financing for energy, infrastructure, mining, technology, telecommunications and other projects including public-private partnerships (P3). Much of our role involves identifying stakeholder concerns and then working to address potential risks and legal issues that could arise during construction as well as operating phases.

We draw on the expertise of colleagues who can advise clients on the unique industry, regional, securities, environmental, construction, tax and joint venture considerations that are often involved in project finance. If necessary, we help clients resolve disputes through litigation, mediation or arbitration.

We work with lenders, sponsors, investors and suppliers in the public and private sectors in North America as well as in the UK and Africa.

Some of the notable projects we’ve been involved with include a wind energy project in British Columbia, the Pennsylvania Bridges Project in the U.S., and groundbreaking infrastructure projects throughout the U.S., Eastern Europe and South America. Brian Kelsall, a partner in our Toronto office is recognized as one of the Top 25 Project Finance Lawyers in the world.

Read about the projects we’ve been involved with or contact any of our lawyers to discuss how we can help your organization.

Achievements

  • Recognized in South Africa in Project Finance and Development Practice, Best Lawyers 2021 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Project Finance, Canadian Legal Lexpert Directory 2020 to 2026
  • Ranked in Canada in Project Finance, IFLR 1000 2022 to 2023

Team

Primary Contacts
  • Ashen Jugoo, Partner | Project Finance, Johannesburg, +27 11 586 6098, [email protected]
  • Brian C. Kelsall, Partner | Banking & Finance, Toronto, ON, +1 416 865 5493, [email protected]
  • John W. Torrey, Counsel | Banking & Finance, Toronto, ON, +1 416 865 4394, [email protected]
Ashen Jugoo | Project Finance | Energy | Infrastructure Ashen Jugoo Partner | Project Finance Johannesburg +27 11 586 6098
Brian Kelsall Toronto Lawyer Brian C. Kelsall Partner | Banking & Finance Toronto, ON +1 416 865 5493
John Torrey Toronto Counsel John W. Torrey Counsel | Banking & Finance Toronto, ON +1 416 865 4394

Experience

  • 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.
  • Export Development Canada enters into a C$2.1 billion loan to advance a landmark national connectivity initiative, [Deal - Export Development Canada], Unsecured financing secured to develop a national connectivity initiative.
  • 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.
  • Ardian announced the creation of a new Canadian joint venture, Clermont, with Indigo Group, [Deal - Ardian], Creation of Clermont, a new Canadian joint venture.
  • 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.
  • Harmony Energy Limited entered into a secured revolving credit facility for up to £10 million with Triodos Bank UK Limited, [Deal - Harmony Energy Limited], Revolving credit facility agreement for up to £10 million and a share charge and related rights agreement.
  • Sprott Private Resource Streaming and Royalty (B) Corp. purchases 3.1% net smelter returns royalty on the Premier Gold Project for USD $30,000,000, [Deal - Sprott Private Resource Streaming and Royalty (B) Corp.], Royalty financing deal for BC mine
  • Rock Tech Lithium Inc. closes a C$5.8 million private placement, [Deal - Rock Tech Lithium Inc.], Canadian lithium development company completes private placement deal

Knowledge

  • Congestion curtailment approved by NERSA – an attempt to free up grid connection capacity for wind energy facilities in the Eastern and Western Cape regions, 7/1/2025
  • Canada’s Clean Energy Investment Tax Credits: Insights as of October 2024, 10/15/2024
  • Canada’s Proposed Clean Economy Tax Credits: Insights as of March 2024, 3/7/2024
  • Canada’s Proposed Clean Energy Tax Credits: Where Are We Now?, 12/4/2023
  • Minister of Environment, Forestry and Fisheries identifies additional areas of strategic importance for energy development in South Africa, 3/17/2021

Events

  • Outlook for Canadian Infrastructure Investment 2026 - INFIN Canada January Briefing, 1/21/2026
  • Startups : Attracting the right team and preparing your financing round, 7/5/2023
  • Mining Investment Funds – Made in Québec, 3/8/2021

News

  • Fasken’s Global Infrastructure and Projects Group Recognized in “Capital Markets Deal of the Year” Win, 5/7/2026
  • Brian Kelsall and Gerry Ranking comment on trending procurement models in a special edition of Lexpert, 4/30/2025
  • 61 Fasken Lawyers in 23 Practice Areas Recognized in the 2020 Chambers Global Guide, 2/14/2020
  • Forty-eight Fasken Lawyers featured in IFLR1000 Financial and Corporate Guide 2018, 11/2/2018

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