Elliot A.  Smith

Elliot A. Smith, Associate, Commercial

Contact Information

  • tel: 416.862.6435
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Bar Admission

Ontario, 2008

Education

  • University of Toronto, J.D.
  • University of Waterloo, B.A.Sc. (Systems Design Engineering)

Office

Toronto

Language(s)

English

Biography

Elliot works extensively on major infrastructure projects, advising on project development, procurement, contract negotiation and administration issues. His practice has a strong emphasis on the procurement and construction of power plants, including natural gas, combined heat and power, wind, solar and other renewable projects, as well as the development and negotiation of power and capacity purchase agreements. Elliot also regularly advises clients on other commercial agreements such as equipment supply agreements, operating and maintenance agreements and long-term utility supply agreements.

Prior to joining Osler, Elliot worked at a number of institutions involved in the deregulated Ontario electricity market, including Ontario Power Generation and the Independent Electricity System Operator. He also worked at the Ontario Power Authority, where he assisted with the development of a regional electricity supply plan.

Notable Matters

Energy (Power)

  • Ontario Power Authority on: the design, structure, consultation and legal documents for the renewable energy Feed-in Tariff Program, developed in connection with the Green Energy and Green Economy Act, 2009; the design, development and stakeholdering of the Combined Heat and Power Standard Offer Program and the Energy Recovery Standard Offer Program; the competitive procurement and negotiation of power purchase agreements for a number of combined cycle and combined heat and power facilities; and power purchase agreements for the conversion of coal-fired generating stations to biomass and natural gas.
  • Pristine Power on the construction and equipment procurement contracts and other commercial matters for power projects in Ontario, including East Windsor Cogeneration Centre and York Energy Centre.
  • A major solar (PV) developer on the development and proposed sale of over 100 MW of ground-mounted solar projects.
  • Northland Power on the construction and equipment procurement contracts for simple cycle, combined cycle, wind and solar power projects in Ontario, Québec and Saskatchewan.
  • Atomic Energy of Canada Limited on the PPP procurement of new nuclear reactors for Ontario, Canada.

Construction & Infrastructure

  • The Greater Toronto Airports Authority providing ongoing advice on construction and infrastructure projects, operating and maintenance agreements and commercial issues relating to the combined heat and power plant at the airport.
  • Maple Leaf Foods, providing construction and equipment procurement advice with respect to several expansion projects throughout Canada.
  • Vale in connection with the negotiation of a power purchase agreement, transmission rights agreement, and other industrial supply agreements for the nickel mine at Voisey’s Bay, Labrador and related facilities.
  • Brookfield Properties, providing construction and design contract negotiation advice for the development of the Bay-Adelaide Centre, a high-rise office tower in Toronto, and the re-cladding of First Canadian Place, a high-rise office tower in Toronto.
  • City of Toronto with respect to the Union Station Revitalization Project, involving RFP design and procurement advice, and development of the construction contract for the project.
  • An engineering firm on the negotiation of a multi-year engineering services agreement with an Ontario government agency.
  • A global courier company on the risks and benefits of joining a fuel-pooling consortium at an international airport.

Affiliations

  • Canadian Bar Association
  • Ontario Bar Association
  • Law Society of Upper Canada
  • Association of Professional Engineers of Ontario

Publications/Events/Education

  • Tips for avoiding two of the most common procurement pitfalls, PurchasingB2B magazine, May 6, 2013.
  • The Ontario Environmental Review Tribunal Decision in Erickson v. Director, Ministry of Environment, Osler Update, July 27, 2011.
  • Ontario's Long-Term Energy Plan, Osler Update, November 24, 2010.
  • Bill 150: Green Energy and Green Economy Act, 2009, Osler Update, February 24, 2009.

Pro Bono/Community Work

  • Osler Give-a-Day Campaign, Volunteer