Hospital P3 Project Achieves Financial Close

On November 23, 2004, the public-private partnership transaction pursuant to which the Healthcare Infrastructure Company of Canada (WOHC) Inc. (“THICC”) will design, build, finance, operate, property manage and maintain a new 608-bed hospital for William Osler Health Centre (“WOHC”) achieved financial close. This is the first major acute care hospital public-private partnership project in Canada to reach financial close, and is the largest of four pilot public-private partnership hospital projects currently underway in Canada.

The new hospital will be located in Brampton, Ontario. It will operate as a public hospital in which WOHC delivers all clinical care. Over the 25-year concession, THICC, which is owned by Carillion plc and EllisDon Inc., will provide certain non-clinical services, including waste management, housekeeping, linen and laundry, portering and food services.

CIT Group Securities (Canada) Inc. arranged a term credit facility in favour of BPC Hospital Realty (Brampton) Inc. (“BPC”), a wholly-owned subsidiary of the Ontario Municipal Employees Retirement System, to partially finance the design and construction of the hospital. Total design and construction costs will be approximately $450 million.

THICC was represented by Bennett Jones LLP with a team that included Mark Bain, Paul Blundy, Jeff Kerbel, Dan Ford, Mary Beth Currie, Kenton Rein and Tara Mackay. Carillion was represented by Carillion Canada Inc.’s general counsel, David Rosenberg, and by two members of Carillion plc’s UK legal team, Kim Humphreys and Lynn Wan.

WOHC was represented in-house by Ian Marshall, vice-president and general counsel, and by Power LLP, with a team led by Ian Bendell of CMS Cameron McKenna LLP that included Robert Power, Mitchell Mostyn and Michael Boll. WOHC was also represented by Miller Thomson LLP with a team that included Barbara Doherty, Bill Pigott, Jennifer Babe, James Proskurniak and Josh Liswood, as special financing and construction counsel, and by Hicks Morley Hamilton Stewart Storie LLP with a team that included Robert Little, Sarah Atkinson and Elizabeth Cheng, as special labour counsel.

BPC was represented by a team that included Nick Williams, Sandra Nissan and Geoff Walker of Ogilvy Renault LLP (with assistance from Jacques Demers). CIT Group Securities was represented by McMillan Binch LLP with a team that included Peter Willis, Chris Bennett, Tim Baron and Lou Macchione.