Canadian Lawyer InHouse

April/May 2014

Legal news and trends for Canadian in-house counsel and c-suite executives

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april 2014 14 INHOUSE OF CANADIAN LEGAL NEWS OF CANADIAN LEGAL NEWS A DAILY BLOG WWW.CANADIANLAWYERMAG.COM/LEGALFEEDS [ ] WWW.CANADIANLAWYERMAG.COM/LEGALFEEDS [ POWERED BY CANADIAN LAWYER & LAW TIMES Q U I Z ANSWERS YOUR RANKING? ■ One correct: might be time to brush up ■ Two correct: very well done, but not perfect ■ Three correct: excellent 1 (G) They all would. The term "infrastructure" is very broad and includes many projects that some people might not realize fall within the defi nition of "infrastructure." In addition to the six types of projects listed, other infrastructure sectors include hospitals, highways and toll roads, airports, bridges, other types of energy projects, sports and recreation facilities, and downtown revitalization. 2 (B) Only through a privatization would the private sector actually own and control the water. Safe drinking water is a politically sensitive issue in Canada with signifi cant public policy ramifi cations. It would be very unusual for the private sector to own and control the water. 3 (A), (C), and (D) would typically be the responsibility of the private sector and (B) would typically be the responsibility of the public sector. Since the public sector continues to own the facility which it has leased to the private sector, the public sector will want to know that the building is properly maintained and repaired and that both property and liability insurance is in place in case there is damage to the building or liability from its operation. These obligations can be performed and priced by the private sector, and in many cases it is appropriate for them to assume these obligations. On the other hand, it would be very unusual for the private sector to assume responsibility for latent environmental defects on the property, which existed prior to the time that construction of the building commenced. The private sector participant would argue that such conditions are not its fault and are beyond its control, or that the cost of assuming the risk of such responsibility would be prohibitive.

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