The landscape for infrastructure law in Canada has shifted significantly in recent years, moving from what some called a “golden age” to an era marked by economic volatility, global uncertainty, and evolving collaboration models. Despite these challenges, infrastructure dealmaking and development play a vital role in Canada’s economic engine – buoyed by legal innovation, government ambition, and private sector resilience.
In 2025’s Lexpert Special Edition: Infrastructure, we spotlight the lawyers helping to navigate this complex environment, drawing on insights from the top-ranked legal professionals in the field.
M&A momentum meets economic headwinds
Though headlines warn of rising tariffs and potential trade disruption with the US, lawyers in the infrastructure sector remain cautiously optimistic. As Thomas J. Timmins of Gowling WLG puts it, “These projects have a long gestation period, a long construction phase and are long-lived once built… In the current political climate between the United States and Canada, this is likely just a blip.”
Still, dealmaking isn’t immune to uncertainty. Peter Bouzalas, also with Gowling WLG, notes that “interest rates and tariffs can impact those transactions, and they can slow them down if there is volatility or uncertainty.” That hesitation is evident in the “wait and see” approach many dealmakers adopt, according to Bouzalas. Yet others are seizing opportunities, particularly in renewables and data centre infrastructure, which are seeing substantial investment. Sarah Bird of Borden Ladner Gervais LLP adds, “Despite some of the uncertainty, I think there is still an appetite to look at opportunities in the Canadian secondary market for infrastructure projects.”
A shift toward collaboration – and dispute management
Beyond dealmaking, legal experts point to a transformation in project building and management. There is a clear trend away from traditional fixed-price procurement models. As Tristan Musgrave of McCarthy Tétrault LLP explains, “Ultimately, the goal of all these models is [to] get the private sector teams in early, allow for more collaboration and planning and design development.”
This evolution has brought frameworks like the progressive and alliance models into sharper focus. Brian Kelsall of Fasken summarizes the philosophy behind one model as “no blame, no claim.” The aim is to foster trust and teamwork early, preventing disputes from arising mid-project. As Kelsall notes, “There’s no philosophy of litigation there.”
At the same time, experts say that when disputes arise, parties increasingly opt for arbitration and proactive dispute boards to avoid lengthy courtroom battles. As Fasken’s Gerry Ranking explains, “In certain situations, a client may have no option but to get the lawyers involved. But while clients will still seek legal advice, early dispute resolution – and ideally resolving potential disputes before they arise – is more important and becoming the norm. You’re going to see more and more of it.”
Indeed, as McCarthy Tétrault’s Moya Graham observes, “Most of the disputes I’m dealing with in [infrastructure] are being conducted by way of private arbitration as opposed to through the court system.” Sharon Vogel of Singleton Urquhart Reynolds Vogel LLP echoes the need for creative solutions, noting a “significant increase” in the use of dispute boards designed to resolve conflicts efficiently before they escalate into full-scale litigation.
Why legal leadership matters
In such a fast-evolving and often turbulent market, legal advisors are essential – not only for negotiating deals and drafting contracts but also for shaping how risk is shared, disputes are managed, and projects are built despite economic and political headwinds.
From municipal revitalization to billion-dollar renewable energy developments, the legal experts featured in this edition are helping build the backbone of Canada’s economy – one project, one policy, one precedent at a time.