Toronto South Detention Centre Project Reaches Close

On October 28, 2009, Infrastructure Ontario and the Ministry of Community Safety and Correctional Services announced that Integrated Team Solutions (ITS) signed a contract with the province to design, build, finance and maintain the Toronto South Detention Centre for the Ontario government. The new and modern detention centre will be a 1,650-bed maximum security facility for adult inmates that will replace the Toronto Jail. The project also includes the construction of the Toronto Intermittent Centre, a facility to accommodate those serving primarily weekend sentences. Construction began in October 2009 and will be completed in fall 2012. Upon completion of construction, the contract with ITS will be assigned to the Ontario Realty Corporation, the government's real estate asset manager.

The ITS team for this project includes EllisDon Inc. and LPF Infrastructure Fund, with EllisDon Corporation also providing construction services. The facility was designed by Zeidler Partnership Architects and Johnson Controls LP will provide facilities management. RBC Dominion Securities acted as the financial advisor to ITS and project financing was raised from a consortium of lenders including: Norddeutsche Landesbank Girozentrale, New York Branch, Banco Espirito Santo de Investimento S.A., New York Branch, Calyon, New York Branch, Bank of Montreal, The Canada Life Assurance Company, and Sun Life Assurance Company of Canada, with each of Norddeutsche Landesbank Girozentrale and CIT Financial Ltd. acting as agent during the term of the project.

Following completion of the facility, ITS will receive annual payments from the province over a 30-year period. Payments cover construction, building maintenance, lifecycle repair and renewal and project financing. The total value of the payments to ITS spread over 30 years is approximately $1.1 billion, which is equivalent to approximately $593.9 million in present value dollars.

Infrastructure Ontario's legal team was led in-house by Andrés Durán, senior legal counsel, Project Legal Services. The Ministry of Community Safety and Correctional Services was represented by David Willans, counsel and Eileen Morin, counsel. Infrastructure Ontario and the Ministry of Community Safety and Correctional Services were supported by Blake, Cassels & Graydon LLP with a team that included Judy Wilson, Kate McGilvray, Marianne Smith, Michelle Chaisson and Agnes von dem Hagen (procurement and corporate and finance); Michael Harquail and Mark Plateel (financial services) and Joan Kennedy (real estate).

ITS was represented by McMillan LLP with a team that included Chris Bennett, Peter Willis, Robert Scavone, Shahen Mirakian, David Hudson and Valerie Garcia and Gowling Lafleur Henderson LLP by a team that included Lilly Wong, Paul Harricks, Alan James and Rob Blackstein. The ITS team also included Jody Becker, general counsel at EllisDon, Peter Schwartz of Harrison Pensa LLP and Norman Snyder of Taylor McCaffrey LLP. Johnson Controls was represented by Darryl Brown and Faithe Holder of Gowling Lafleur Henderson LLP.

The consortium of lenders was represented by Stikeman Elliott LLP with a team that included Mihkel Voore, Kenton Rein, Jason Kroft, Aaron Fransen and Ahmed Shehata. Sun Life was also represented in-house by Sam Steel; Canada Life was also represented in-house by Robert Briercliffe.

Lawyer(s)

Lilly A. Wong David Hudson Valerie R. E. Garcia Chris Bennett Shahen Mirakian Michelle Chaisson Peter A. Willis Jason Kroft Aaron Fransen Alan G. James Mihkel E. Voore Darryl J. Brown Paul H. Harricks Norman K. Snyder Agnes von dem Hagen Rob Blackstein Peter H. E. Schwartz Joan C.G. Kennedy Ahmed Shehata Marianne Smith Robert M. Scavone Kenton G.C. Rein Kate McGilvray