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Elliot A.  Smith

Elliot A. Smith

Partner, Commercial


Contact Information

esmith@osler.com

tel: 416.862.6435

Office

Toronto

Bar Admission

Ontario, 2008

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

Elliot is a professional engineer, specializing in providing advice on all aspects of major infrastructure projects, including project development, procurement, contract negotiation and administration issues. His practice has a strong emphasis on the development of power plants, both renewable and conventional, as well as the negotiation of power and capacity purchase agreements. Elliot also regularly advises clients on other areas of construction law, such as construction contracts, 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 (IESO). He also worked at the Ontario Power Authority (prior to its merger with the IESO), where he assisted with the development of a regional electricity supply plan.

    Energy (Power)

    • Northland Power on:

      • the construction and equipment procurement contracts for multiple simple cycle, combined cycle, wind and solar power projects in Ontario, Québec and Saskatchewan;
      • the major equipment supply, installation and maintenance agreements for Northland’s 332 MW Nordsee One off-shore wind farm in the North Sea off the coast of Germany; and
      • the major equipment supply and installation agreements for Northland’s 600 MW Gemini off-shore wind farm in the North Sea off the coast of the Netherlands.
    • Independent Electricity System Operator (formerly the Ontario Power Authority) on:

      • the negotiation and drafting of an innovative form of capacity contract for Ontario’s legacy Non-Utility Generator (NUG) facilities, successfully completing agreements covering nine facilities totalling approximately 550 MW
      • the development of an Energy Storage Request for Proposals and a unique form of contract to integrate this new type of resource into Ontario’s hybrid electricity market;
      • the original design, structure, consultation and legal documents for the renewable energy Feed-in Tariff Program, developed in connection with the Green Energy Act, 2009;
      • the competitive procurement and negotiation of power purchase agreements for over half a dozen gas-fired power plants (simple cycle, combined cycle and cogeneration);
      • the design, development and stakeholdering of the Combined Heat and Power Standard Offer Program; and
      • power purchase agreements for the conversion of coal-fired generating stations to biomass and natural gas.
    • iCON Infrastructure in its acquisition of all issued and outstanding common shares Capstone Infrastructure Corporation.
    • Pristine Power and Veresen Inc. 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.
    • 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 Toronto’s Pearson airport.
    • A power developer on a unique commercial arrangement to develop and operate behind-the-meter gas-fired generation to significantly reduce a commercial-sector host facility’s energy costs.
    • A major solar (PV) developer on the development and proposed sale of over 100 MW of ground-mounted solar projects.
    • 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.
    • Government of New Brunswick on the proposed sale of NB Power’s generation and transmission assets to Hydro Québec.

    Construction & Infrastructure

    • Maple Leaf Foods, providing construction and equipment procurement advice with respect to numerous expansion projects throughout Canada, including all major contracts for a $400 million new meat processing plant in Hamilton, Ontario.
    • Brookfield Properties, providing construction and design contract negotiation advice for the development of the Bay-Adelaide Centre (a high-rise office tower complex in Toronto), the re-cladding of First Canadian Place (the tallest office tower in Canada) and Brookfield Place Calgary (the tallest office tower in Calgary).
    • Carterra Private Equities on the construction contracts for multiple industrial and commercial buildings, as well as for the L’Avenue Project in Montreal (the tallest residential tower in Montreal).
    • DREAM on agreements to perform energy retrofits in several office towers and guaranteeing a minimum savings.
    • Multiple US-based retailers expanding into Canada on their retail fit-out construction contracts and related construction matters.
    • The Toronto Transit Commission on a unique contractual structure to support overlapping major projects occurring in the Wilson Subway Yard.
    • 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.

  • Buddies in Bad Times Theatre, Director and Treasurer
  • Connect Legal, Pro Bono Lawyer
  • Osler Give-a-Day Campaign, Volunteer

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