Trevor deBoer

Partner* Admitted to the Ontario Bar: 2004
  *Practising as a professional corporation
Trevor’s approach to legal advice is to try to anticipate issues before they become problems, and, upon finding problems, to contain, solve and mitigate their effects. Having previously served as general counsel at a financial services company, he knows what it is like on the client’s side, which allows him to understand and appreciate his clients’ concerns. Trevor’s ability to plan ahead and advise on real world issues enables him to continuously evolve to overcome new challenges.
 
As the effects of the COVID-19 pandemic have continued to roll through all sectors of the global economy, Trevor has advised numerous clients - in industries ranging from construction/infrastructure to order fulfillment warehouses - on their emergent challenges and issues arising from COVID-19, including:
     
  • Reduced workforces, unavailable labour and labour-relations friction due to illness, self-isolation and social-distancing measures;
  • Delays due to labour shortages;
  • Delays due to late or no deliveries from material suppliers;
  • Delays due to delayed inspections, and difficulties obtaining permits and other approvals, certifications and payments; and
  • Uncertainty surrounding requests and approvals for extras and change orders.
Trevor’s COVID-19 mandates have thus far included contract drafting, interpretation and re-negotiation to address COVID-19 effects.
 
Trevor is a member of the firm's Energy, National Infrastructure, Mining, and Corporate/Commercial Groups. He practises predominantly in the area of corporate and commercial law for energy sector clients, including share and asset purchase agreements, commercial contracts, asset management arrangements and real property development joint ventures. He represents energy industry clients on microgrids, conservation and demand management, as well as the financing, development, acquisition, sale, operation and regulation of energy storage projects and wind, solar, water and biomass electricity generation facilities.
 
He also advises developers, equity sponsors, lenders and government agencies in a variety of infrastructure transactions, including P3 hospital, highway, accommodation and public transportation projects, merchant and P3 electricity generation facilities, a petrochemical refinery, and both publicly- and privately-owned entertainment venues.

In addition, Trevor has executed all stages of real property development, both as external and in-house counsel, including site evaluation and selection, land assembly, joint venture structuring, multi-tier and public-market acquisition financing, marketing, construction financing and pre- and post-construction divestiture.

He has also advised on brownfield remediation and redevelopment, and emissions credit trading.

Trevor has significant experience in the structuring, marketing and management of specialized private- and public-equity funds, and has navigated the "full cycle" of reporting issuer IPOs, including conceptualizing, structuring, retaining asset managers and drafting IPO and governance documents; liaising with dealer syndicates and regulators during interim marketing periods; and coordinating MD&A filings.

Other Languages

Mandarin

Awards & Recognition

  • Trevor is a recipient of the McMillan Binch Scholarship and the Canada-Taiwan Scholarship.

Representative Matters

COVID-19
Mandates have included contract drafting, interpretation and re-negotiation to address COVID-19 effects, including considerations of issues such as:
     
  • Which delay provisions apply to the contract in these circumstances?
  • What notices and other communications need to be sent?
  • What obligations will the parties have during the delay period?
  • Will there be any compensation payable as a result of the delay?
  • At what point, and for how long, will the parties need to recommence contractual performance, in whole or in part?
  • What mechanisms, rules and compensation will govern the return to work after the delay?
Energy

Lead counsel to the purchaser in connection with the structuring, negotiation and acquisition of a $200mm portfolio of rooftop solar projects.
 
Co-lead counsel to the financier/purchaser in connection with the structuring, negotiation and acquisition of a $300mm portfolio of groundmount solar projects.
 
Lead counsel to the vendor in connection with the disposition of three US hydroelectric projects.
 
Advised power purchaser in connection with contract management issues with a series of multinational owners of a CCGT project.
 
Lead counsel to the purchaser in connection with the structuring, negotiation and acquisition of a 50% interest in a $120mm portfolio of wind projects.
 
Lead counsel to numerous developers, constructors, financiers and offtakers of Ontario rooftop/groundmount solar, wind and hydro projects.

Infrastructure

Advising Infrastructure Ontario and Metrolinx in connection with the East Rail Maintenance Facility AFP Project, which reached financial close in March 2015.
 
Advised the lender to the successful bidder in connection with the Billy Bishop Toronto City Centre Airport Pedestrian Tunnel project, which reached financial close in March 2012.
 
Advised the lenders to the successful bidder for the South West Detention Centre project in Windsor, Ontario, which reached financial close in April 2011.
 
Advised the design-build joint venture in connection with the Windsor-Essex Parkway project, which reached financial close in December 2010.
 
Advised short-listed consortia bidding for the St. Joseph’s Regional Mental Health Care project in Ontario and the Surrey Memorial Hospital project in British Columbia.
 
Advised Canadian life insurance companies, Canadian pension funds, Canadian banks and foreign banks in financings of P3 hospital, highway, transportation and social accommodation projects, including RFP responses, contract negotiation, due diligence and closing.
 
Advised a municipal government entity in relation to the financing of municipally-owned stadium redevelopment, including due diligence and closing.
 
Advised a provincial government entity in relation to the financing of a provincially-owned  greenfield casino development, including RFP responses, regulatory and real estate due diligence and closing.
 
Advised a large public company in a multi-property venue financing of an entertainment venue redevelopment, secured against another entertainment venue, including real estate due diligence and closing.
 
Advised a large public company in the proposed construction of an oil refinery, including environmental and real estate due diligence.
 
Advised a merchant power producer in the greenfield construction of a combined-cycle gas turbine power plant, including regulatory, environmental and real estate due diligence.
 
Advised a merchant power producer in the construction of a $30 million financing of a wind farm, including regulatory and financial due diligence.
 
Cleantech

Lead counsel in drafting a suite of contracts for the sale and operation of a proprietary waste-to-energy technology to a Middle East buyer.
 
Lead counsel to the U.S.-based vendor in connection with the structuring, negotiation and disposition of a de-icing technology business.
 
Lead counsel to the vendor in connection with a disposition/reorganization of an Ontario ethanol plant.
 
Lead counsel to the sponsor/manager in connection with an IPO for an ethanol-based investment fund offered by prospectus.

Insights

Publications Article May 13, 2020 Legal Update: COVID-19 & Construction
Publications Article Mar 27, 2020 The COVID-19 Pandemic and Construction Issues

Education

  • LLB, Osgoode Hall Law School, 2003