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Richard Wong - Energy, Construction, Infrastructure

Richard Wong

Partner, Commercial

Key Contact: Energy (Electrical Power)

Key Contact: Wind Energy Projects

Key Contact: Construction


Contact Information

rwong@osler.com

tel: 416.862.6467

Office

Toronto

Bar Admission

New York, 2000

Ontario, 1997

Education
  • University of Toronto, J.D.
  • University of Toronto, B.A.
Language(s)
English

Richard is the chair of Osler’s construction and infrastructure practice group, and specializes in the development of energy projects in Canada, major infrastructure works, and commercial and industrial construction projects, and was noted in the Globe and Mail’s Report on Business Magazine (October, 2013) as a leading energy lawyer.  He advises clients on the “front-end” of all aspects of project structuring and development, including joint venturing and consortiums, risk allocation and management, procurement and tendering, construction contracts, performance guarantees and bonds, and operation and maintenance issues. Services include reviewing, negotiating and drafting EPC contracts, engineering and construction management agreements, equipment supply agreements, power purchase agreements, and procurement law in Canada including drafting RFPs and tender documentation.  Richard is a frequent speaker on procurement, construction, and energy matters and also is an evaluator of professional practice exams for Professional Engineers Ontario. Richard is currently an Executive of the Ontario Bar Association, Construction and Infrastructure Law Section.

  • Pattern Energy Group Inc.

    Pattern Energy Group Inc. in the proposed sale of its interest in the K2 Wind Project to a consortium of investors led by Axium Infrastructure

  • Henvey Inlet Wind LP

    Henvey Inlet Wind LP in the $1 billion financing and construction of the Henvey Inlet Wind Farm

  • Kinder Morgan Canada Limited

    Syndicate of underwriters co-led by CIBC World Markets Inc., Scotia Capital Inc., RBC Dominion Securities Inc. and TD Securities Inc. in connection with the $250 million public offering

    • Pattern Energy Group Inc. Investment of US$60 million in Pattern Development and strategic relationship with PSP Investments.
    • Hydro One Limited in its $1.83 billion Initial Public Offering.
    • Atomic Energy of Canada Limited with respect to the design and creation of procurement documentation and construction contracts for various projects relating to the disposition and handling of nuclear waste, including the Waste Storage System (WSS), a Fuel Packaging and Storage (FPS) Building, and Retrieval and Transfer Systems and other custom equipment for the Liquid Waste Transfer and Storage (LWTS) Project at Chalk River Laboratories, as well as a Shielded Modular Above-Ground Storage (SMAGs) Building at Whiteshell Laboratories, Manitoba.
    • City of Toronto with respect to the Union Station Revitalization Project, involving project structuring, RFP design and procurement advice, and development and negotiation of the Master Contract and Phase Agreement for construction and construction management services.
    • Deutsche Bank Securities on the financing of the Kruger 101.2 MW Montérégie Wind Farm in Québec, and on the financing of other renewable projects.
    • Dundee Industrial Solar L.P. in connection with the potential development of roof-top solar PV projects in Ontario under the OPA’s Feed-In Tariff Program.
    • East Windsor Cogeneration L.P. in the negotiation of an EPC contract for the balance of plant and turbine and generating equipment supply agreements with GE and IST for the East Windsor Cogeneration Centre in Windsor, Ontario.
    • Firelight Infrastructure Partners L.P. on all aspects of the acquisition of various Ontario 10 MW ground mounted solar PV projects including the Sandhurst and Rutley projects, and the development by its affiliate, Firelight Solar L.P., of rooftop solar PV facilities under the OPA’s Feed-In Tariff Program.
    • Firelight Infrastructure Partners L.P. (joint venture of OPTrust and Dundee Realty) in connection with its equity financing of the 51 MW Dalhousie Mountain Wind Farm in Nova Scotia awarded under Nova Scotia Power Incorporated’s 130 MW RFP operated by RMS Energy Inc.  Negotiated and finalized power purchase agreement with Nova Scotia Power Incorporated, and negotiated and finalized the turbine supply agreement and operations support agreement with GE.
    • Grand Renewable Wind LP in connection with the development of a shared transmission line with Samsung for the Grand Renewable Energy Park.
    • Northland Power in the negotiation of the EPC Contract and TSA for the North Battleford Energy Centre in Saskatchewan, and advising with respect to potential projects in Québec.
    • Ontario Ministry of Energy and the Ontario Power Authority in its Request for Proposals for 2,500 MW of New Clean Generation and Demand-side Projects for the procurement of 2,235 MW of new gas-fuelled combined cycle generating facilities in various locations throughout Ontario under the terms of the Clean Energy Supply (CES) Contract, including the development of the restricted transmission sub-zones in the evaluation model, as well as the procurement of various wind farms and renewable developments under the Renewables I RFP (395 MW) and Renewables II RFP (955 MW); and in its development, in conjunction with the IESO, of the Program Rules and associated Contract for the procurement of Demand Response under the DR3 component of the OPA’s Demand Response Program; and with respect to the procurement and contract documents for a number of infrastructure projects in the power industry, including the Oakville Generating Station by TC Energy (900 MW), various co-generation projects under the Combined Heat and Power (CHP) III Request for Proposals, and the Halton Hills Generating Station by TC Energy (600 MW).
    • Pattern Energy Group LP on the power purchase agreement and interconnection requirements with Manitoba Hydro and the development and project financing of the St. Joseph Wind Farm in southern Manitoba, and on the EPC contract with Mortenson Canada Corporation.
    • Rouge Valley Health System with respect to the construction of the Family Birthing Centre and the Phase II Clinic and Residence at its Centenary Site and the Enabling Works Project at the Ajax-Pickering Site.
    • Signal Energy on civil works and EPC contracts for solar farms for Skypower, and wind farms and other renewable power projects in Nova Scotia, Alberta, and Ontario. 
    • Solar Utility Network in connection with the development of a ground mounted solar PV project portfolio in Ontario.
    • South Kent Wind LP, a partnership of Samsung and Pattern, in connection with the development of a 270 MW wind project in Ontario, as well as additional partnership projects in Ontario, including the negotiation of the turbine supply agreement and balance of plant contracts.
    • Target Canada on drafting various procurement, construction, and development contracts for retail developments in Canada.
    • Vale Canada in connection with a number of capital projects for mining operations in Canada, including the drafting and negotiation of the procurement and related engineering, procurement and construction management agreement, and the various trade contracts, for the nickel mine, concentrator and related facilities at Voisey's Bay, Labrador, the Sudbury Atmospheric Emissions Reduction (AER) project, the Kronau potash project in Saskatchewan and logistics arrangements for the transportation of ore and other materials.
    • Veresen in selected aspects of the development of the Grand Valley Wind Farm.
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Chambers

  • Chambers Canada: Canada’s Leading Lawyers for Business, 2016-2019: Construction
  • Chambers Canada: Canada’s Leading Lawyers for Business, 2016-2019: Energy: Power (Transactional)
  • Chambers Global: The World’s Leading Business Lawyers, 2015-2016: Construction

Lexpert

  • The Canadian Legal Lexpert Directory, 2018-2019: Construction Law
  • The Canadian Legal Lexpert Directory, 2019: Energy (Electricity)
  • Lexpert/Report on Business Special Edition - Canada's Leading Energy Lawyers, 2013 – 2014: Leading Lawyer in Canada

Best Lawyers

  • The Best Lawyers in Canada, 2011-2019: Construction Law
  • The Best Lawyers in Canada, 2011-2019: Energy Law

Who’s Who Legal

  • Who’s Who Legal: International - Energy 2019
  • Who’s Who Legal: Canada - Energy 2018

Expert Guides

  • Expert Guides: The Legal Media Group Guides to the World’s Leading Lawyers, 2018: Construction

  • Korean Canadian Lawyers Association, (Member and former Executive Member).

  • Law Society of Ontario
  • Canadian Bar Association
  • Ontario Bar Association
  • American Bar Association, Forum on Construction Law
  • New York State Bar Association
  • Korean Canadian Lawyers Association
  • Federation of Asian Canadian Lawyers

  • The Canadian Institute – 3rd Annual Managing Risk in Construction Contracts and Projects, Chair and Speaker for the Spotlight on Ontario’s Construction Act – Changes to Liens and Holdbacks, February 6-7, 2018.
  • Canadian Institute of Quantity Surveyors & Royal Institution of Chartered Surveyors – Advanced Issues in Construction Contracts – Beyond Standard Forms to Key Contract Provisions, Speaker for The Osgoode Certificate in Construction Law, November 19, 2015.
  • 2nd RFPs for Supply Chains – Updated on Recent Procurement Decisions in Canada – Recent Developments Relevant to the Procurement Function, November 13, 2015.
  • Advanced Issues in Construction Contracts – Beyond Standard Forms to Key Contract Provisions, Speaker for The Osgoode Certificate in Construction Law, November 9, 2015.
  • How condominium Renovation Contracts are Different, Speaker at The Law Society of Upper Canada Presentation – Practice Gems: Construction Contracts for Real Estate Lawyers 2015, January 21, 2015.   
  • CI Energy Group’s 2nd Annual Supply Chain Contracts for Energy conference (June 23 to 24, 2014) at the Fairmont Palliser, Calgary, Alberta. Panel member on the topic of Examining Current Trends, Issues and Challenges in Today’s RFP Process.
  • The Osgoode Certificate in Mining Law (Speaker 2012, 2013, 2014), Development, Construction and Operation Contracts, Osgoode Hall Law School, York University.
  • Federated Press: Mining Agreements Course Presentation – Determining the Most Appropriate Contracting Models in Developing your Mining Project, September 9, 2013.
  • Canadian Procurement Law:  Contracts and Breach of Contracts, Lecture for George Brown School of Construction Management and Trades, 2010-2013.
  • Ascend Canada Fall Conference 2012: Panel discussion with K. Adolphe, K. Butterfield, T Kornya and M. Whitmore, October 3, 2012.
  • Preparing Procurement Documents: Reducing the Potential for Disputes (Speaker), 3rd Bidding and Tendering in the Public Sector, April 23, 2012.
  • Canadian Procurement Law:  Contracts and Breach of Contracts, Lecture for George Brown School of Construction Management and Trades, October 11, 2011.
  • Fundamentals of Construction Contracts: Understanding the Issues, for Lorman Education Services, April 13, 2011.
  • Practical Approach to Allocating Construction Risk for the Federated Press, May 18, 2010.
  • Managing Risks in the Pre-Tender Stages of your PPP Project for the Canadian Institute, September 29-30, 2009.
  • International Construction Law: a Guide for Cross-Border Transactions and Legal Disputes, co-author of Chapter 5 – International Construction Contracts, American Bar Association, 2009.
  • Bill 150: Green Energy and Green Economy Act, 2009, Osler Update, February 24, 2009.
  • Significant Investments in Canada’s Infrastructure Boom Expected to Continue, Osler Update, April 9, 2008.