David A.N. Lever is a partner in McCarthy Tétrault’s Corporate Finance and Mergers & Acquisitions Group in Toronto. In addition, he is the Co-Head of the firm’s Infrastructure Group and Co-Head of the firm’s Projects practice. His practice has a specific focus on project development, project finance, corporate finance and mergers and acquisitions in the energy and the infrastructure sectors.
David has been actively involved in the power industry for more than 25 years. During this period, he has acted for developers, investors and lenders in connection with wind, hydro, nuclear, solar, biomass and biogas power projects in Canada and abroad. David has provided counsel in the areas of contract negotiation, permitting and regulatory matters, ownership structures and partnership and joint venture arrangements. He has extensive experience in financings for public and private corporations in both public and private markets.
David has also been actively involved in infrastructure projects in Canada, including acting for developers in connection with roads, airports, schools, hospitals and prison projects, and for lenders in connection with a number of social infrastructure projects. David has extensive experience in public-private partnership arrangements and long-term contracts with Governments. He also provides advice with respect to government procurements and related contracts, including on defence and security related matters.
David is recognized as one of Canada’s leading projects experts.
David is a graduate of the University of Western Ontario LLB, the London School of Economics (M.Sc. in Finance and Accounting), and the University of Toronto (MBA).
David served for 6 years as the Chair of the firm’s Board of Directors.
Representative Transactions
David’s experience includes acting for:
- Irving Shipbuilding Inc. in respect of its negotiations with Canada in connection with the National Shipbuilding Procurement Strategy and Irving’s contracts to develop, design and construct 7 Arctic Offshore Patrol Ships and 15 Canadian Surface Combatant Ships.
- World Energy GH2 Limited Partnership in connection with the development of a first of its kind Green Hydrogen Facility in Newfoundland and Labrador, including initial project funding, governance arrangements and contracts.
- Bruce Power in connection with the entering into of a contract for differences between Bruce Power and the Independent Electricity System Operator which provides for the supply of approximately 30% of the Province of Ontario's electricity for 48 years and facilitates the refurbishment of 6 CANDU nuclear reactors at the Bruce Power site for a cost of in excess of $13 billion. This agreement is the largest power purchase arrangement in North America.
- Teranet Inc., a subsidiary of OMERS, in connection with its extension of its license arrangements with the Province of Ontario to operate and maintain the electronic land registration system and writs search systems until 2067 in consideration for a $1 billion payment to the Province and Teranet’s $2.1 billion private placement of senior secured debt.
- Province of Newfoundland and Labrador in connection with its refinancing of the Muskrat Falls Hydro Electric Project.
- Cameco Corporation in connection with its acquisition, together with Brookfield Renewables, of Westinghouse Electric Company, one of world's largest nuclear services business for USD$7.875 Billion.
- Teranet Inc. in connection with its long-term exclusive concession to own and operate the land registry system and personal property registry system in Manitoba.
- Various banks and institutional lenders in respect of their loans to more than 40 power projects ranging in size from 5MW to 500MW.
- A developer in connection with its acquisition, development, project finance, operation and eventual disposition of 4 biomass electricity generating stations.
- OMERS in connection with its USD$400 Million acquisition of an indirect stake in Maple Leaf Sports & Entertainment.
- Various developers in connection with the development, financing and construction of more than 30 power projects ranging in size from 3MW to 550 MW.
- Teranet Inc. in connection with its sale of Collateral Management Solutions to Trader Corporation.
- OMERS in connection with its investment in the Bangalore Airport.
- Enwave Energy Corporation in connection with its Deep Lake Water Cooling Project.
Awards & Rankings
Chambers Global
Eminent Practitioner: Energy - Power (Transactional) - Canada
Chambers Canada
Band 1: Energy: Power (Transactional)
IFLR 1000 Guide to the World's Leading Financial Law Firms
Highly Regarded: Project Development, Banking, Project Finance, M&A, Energy, Social Infrastructure
The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
Leading Lawyer: Project Finance
The Canadian Legal Lexpert Directory
Leading Lawyer: Corporate Commercial Law; Energy (Electricity); Infrastructure Law; Mergers & Acquisitions; Private Equity; Project Finance
Lexpert Special Edition: Infrastructure
Leading Lawyer
Lexpert Special Edition: Energy
Leading Lawyer
The Legal 500 - Canada
Leading Lawyer: Energy and natural resources - power
The Legal 500 - Canada
Hall of Fame: Energy And Natural Resources - Power
Who's Who Legal
Most Highly Regarded: Project Finance (Canada)
Best Lawyers in Canada
Lawyer of the Year: Public Finance Law
Best Lawyers in Canada
Lawyer of the Year: Project Finance Law
Best Lawyers in Canada
Leading Lawyer: Banking and Finance Law, Energy Regulatory Law, Project Finance Law, Public Finance Law
Acritas Stars
"Stand-out lawyer"