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Adam Banack

Partner

[email protected]

+1.647.499.0566

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Adam focuses his practice on energy and infrastructure project development and procurement. He advises clients across the clean energy and nuclear power sectors throughout the life cycle of major projects, including in the negotiation of construction and refurbishment contracts, operation and maintenance agreements, supply agreements, and related service agreements. His experience in this area encompasses matters relating to nuclear, wind, solar, and biomass energy generation projects, energy transmission projects, and transportation infrastructure. Adam also handles an array of construction management matters, including counseling clients on liens, holdbacks, force majeure claims, and change orders.

His practice also encompasses advising public authorities, Canadian government-owned Crown corporations, and private organizations on complex procurement matters in the defense, technology, and infrastructure industries.  Adam’s experience has included supporting the government of Canada on its National Shipbuilding Strategy, which is the largest and most intricate procurement in Canadian history. He has also advised on significant technology modernization projects for entities related to Canada’s banking sector and the Province of Ontario’s electricity sector.

Prior to joining Mintz, Adam was a counsel at a major Canadian law firm, where he worked on matters involving energy and infrastructure project development as well as procurement.

In addition to earning a bachelor’s degree and an LLB, Adam was a degree fellow with the University of Hawaii’s Asia-Pacific Leadership Program.

Experience

Construction and Project Development

  • Represented Nuclear Waste Management Organization in connection with agreements with Indigenous communities and local municipalities, Impact Assessment, and Canadian Nuclear Safety Commission licenses in relation to its deep geological repository for used nuclear fuel
  • Represented Ontario Power Generation on all aspects of its project to develop Ontario’s first on-grid small modular reactor (“SMR”) technology at the site of its Darlington New Nuclear Project, part of a pan-Canadian national approach to facilitate the development of SMR nuclear projects in Canada
  • Represented Oneida Energy Storage, a partnership between NRStor Inc., Six Nations of the Grand River Development Corporation and Northland Power Inc., in the development, construction, and financing of the 250 MW / 1000 MWh Oneida Energy Storage project in Haldimand County, Ontario, including advice on governance arrangements, financing and material contracts
  • Represented Wataynikaneyap Power, a partnership between 24 First Nation Communities and Fortis Inc., in ongoing advice to the partnership on all commercial and regulatory matters related to the development, construction, financing and operation of the C$1.9 billion Wataynikaneyap Transmission Project, a 1,744 km transmission system in northwestern Ontario, one of the largest First Nations-led infrastructure projects in Canada’s history and a project that won IJGlobal’s 2019 North America Transmission Deal of the Year
  • Represented Ontario Power Generation in the development and financing of its new nuclear plant, including its services agreements with Westinghouse Electric Company and SNC-Lavalin Nuclear Inc./Candu Energy Inc. to prepare detailed construction plans, schedules, and cost estimates for two potential nuclear reactors at the Darlington nuclear generating station
  • Represented a gas utility in the development of a hydrogen supply, blending, and distribution business
  • Represented a commercial real estate developer in the negotiation of agreements to procure zero-emission electricity for its U.S. office portfolio
  • Represented Georgetown Solar and Sunnynook Solar in their development of a 230 MW solar farm in Vulcan County, Alberta and 280 MW solar farm in Special Area No. 2, Alberta, respectively
  • Represented Capstone Infrastructure in its acquisition and development of the 25 MW Michichi Solar Project and 25 MW Kneehill Solar Project in southern Alberta from Samsung Renewable Energy Inc., including the negotiation of its EPC agreements, module and inverter supply agreements and other related commercial agreements
  • Represented Kingston Solar LP in the development of its 100 MW solar farm in Kingston, Ontario, including, among other things, the negotiation of an engineering, procurement, and construction contract, and operation and maintenance agreement
  • Represented Grand Renewable Solar LP in the development of its 100 MW solar farm, in Haldimand County, Ontario, including, among other things, the negotiation of an engineering, procurement and construction contract, and operation and maintenance agreement
  • Represented Emera in the negotiation of multiple power purchase agreements with numberous wind energy suppliers for its proposed 1,000 MW Atlantic Link Subsea Transmission Project in response to the Massachusetts Clean Energy RFP
  • Represented Canadian Nuclear Partners in its provision of refurbishment, inspection and nuclear reactor maintenance services
  • Represented Dufferin Wind in the development of its 99 MW wind farm, including the negotiation and execution of a turbine supply agreement, a transformer supply contract, construction contracts for the wind farm and related transmission line, and operation and maintenance agreement
  • Represented ENGIE (formerly GDF SUEZ) on the legal and strategic issues associated with the acquisition, development, financing, construction and operation of all wind and ground-mount solar projects in its pipeline, including the acquisition, development, and funding for the following projects:
    • The 99 MW Knob Hill wind energy project and the 99 MW Nahwitti wind energy project in British Columbia
    • The 99 MW Erieau wind energy project
    • The 99 MW East Lake St. Clair wind energy project
    • The 27 MW Plateau I, II, and III wind energy project
    • The 48.6 MW Pointe-Aux Roches wind energy project
    • The 10 MW Brockville solar energy project
    • The 10 MW Beckwith solar energy project
  • Represented Index Energy in its refurbishment of a biomass cogeneration power project in Ajax, Ontario
  • Represented Mitsui Homes in its negotiation of wood frame construction and supply contracts in respect of various projects in North America
  • Represented Henvey Inlet Wind, a joint venture between Nigig Power Corporation and Pattern Energy Group LP, in advice on environmental, permitting, real estate and consultation matters in connection with the development and financing of the 300 MW Henvey Inlet wind energy project in northern Ontario
  • Represented Cronos Group in its development of a GMP-compliant manufacturing facility in Winnipeg, Manitoba
  • Represented EnWin Energy in its negotiation of services agreements with the City of Windsor
  • Represented Navistar Canada in its negotiation of various service agreements
  • Represented TTM Technologies in the expansion of its operating facility in Toronto, Ontario
  • Represented VIP Rail in its negotiation of specific service arrangements in respect of its site located in Sarnia, Ontario
  • Represented KSV Advisory in its negotiation of construction services and close-out agreements in respect of an insolvent concrete forming company
  • Represented New Brunswick Power in its proposed C$4.8 billion merger with Hydro-Québec, including its hydro facilities, peaking power plants, transmission and distribution assets and the Point Lepreau nuclear-generating station
  • Represented Ontario Power Authority in amending its refurbishment implementation agreement with Bruce Power L.P. to extend the life of the Bruce A nuclear facility and expand its baseload capacity by an additional 1,500 MW
  • Represented various clients on the development and financing of renewable energy projects (battery, wind, solar (ground mount and rooftop) and biomass) under the Independent Electricity System Operator’s procurement programs for renewable energy

Project Financing

  • Represented Bank of Montreal as the administrative agent and the 7-bank syndicate of lenders in the C$400 million project financing of the 179 MW Meikle Wind Farm in northeastern British Columbia, developed by Pattern Energy Group LP.
  • Represented Mitsubishi UFJ Financial Group, Sumitomo Mitsui Banking Corporation, and Sumitomo Mitsui Trust Bank as the lenders in the project financing of the 33 MW Ohorayama Wind project in Kochi Prefecture, Japan, owned by Pattern Energy Group LP and Green Power Investment Corporation
  • Represented Bank of Tokyo-Mitsubishi UFJ and Mizuho Corporate Bank as the lead lenders in the C$850 million financing of the 270 MW K2 Wind Power Project in Huron County, Ontario developed by Pattern Energy Group LP, Samsung Renewable Energy, Inc., and Capital Power Corporation
  • Represented the lenders to Crosstown Transit Partners (Fengate Capital Management, OHL Concesiones, STRABAG, Bechtel Development Company, and Obayashi Canada), a shortlisted proponent for the Eglinton Crosstown LRT PPP project to design, build, finance, and maintain a 19 km light rail corridor, including a 10 km underground portion, between Keele Street and Laird Drive in Toronto, Ontario
  • Represented the lenders to Peace River Housing Partners (Forum Equity Partners, Brookfield Financial, Sodexo Canada, and Aecon Group), a shortlisted proponent for the Site C Clean Energy Project Worker Accommodation project in Fort St. John, British Columbia to design, build, partially finance, and operate and maintain over an 8 year concession period, an accommodation camp located on the north bank of the Peace River for the workers at the site of BC Hydro’s proposed Site C dam and 1,100 MW hydroelectric generating station. 
  • Represented the National Bank of Canada as the lender in the project financing of the 7.8 MW portfolio of wind power generation projects owned by Watts Wind III Limited Partnership located in Nova Scotia

Public Procurement

  • Represented the Government of Canada, as the public authority, in its National Shipbuilding Strategy (NSS), a long-term project to renew Canada’s federal fleet of combat and non-combat vessels and Canada’s largest procurement initiative to date
  • Represented an energy sector client in connection with multiple procurements for new technology and services required in connection with the execution of a formative market renewal program and the underlying technology (licensing) contracts
  • Represented advising various clients in connection with the Independent Electricity System Operators procurement of renewable energy, including the Long-Term Procurement (LT1), Large Renewable Procurement (LRP), Feed-in Tariff (FIT), Renewable Energy Standard Offer (RESOP), and Combined Heat & Power Standard Offer (CHOP) Programs
  • Represented Infrastructure Ontario and the Government of Ontario in their New Nuclear Build RFP to develop and construct a standalone, two-unit nuclear power plant in Ontario to provide 2,000-3,500 MW of baseload generation capacity to the Ontario grid
  • Represented Payments Canada, the provider of Canada’s national payments systems, which clears C$199 billion in transactions daily, in connection with its competitive procurement process for Canada’s new core clearing and settlement system for payments, called Lynx
  • Represented Canadian Banks, in connection with procurement of technology and infrastructure and advice regarding template procurement documents and best practices
  • Represented Thornhill Medical, in respect of the sale of ventilators to the Government of Canada
  • Represented various Clients with respect to the procurement of Electric Buses pursuant to the Government of Canada’s Zero Emission Transit Fund
  • Represented a global pharmaceutical company in its negotiation of COVID-19-related supply contracts
  • Represented Wataynikaneyap Power, in connection with its procurement of an engineering, procurement, and construction contractor for the construction of the Wataynikaneyap Transmission Project, a 1,725 km transmission line in northwestern Ontario
  • Represented procurement advice to various other life science, technology, and financial institution clients

Mergers and Acquisitions

  • Represented DP World in its acquisition of Fraser Surrey Docks from Macquarie Infrastructure Partners Inc.
  • Represented Brookfield Infrastructure in the C$222 million sale of various entities operating under the control of Great Lakes Power Transmission LP to Hydro One Limited
  • Represented Alinda Infrastructure Funds and their portfolio company Reliance Home Comfort in the C$555 million sale of all outstanding shares of Reliance Protectron Inc., an alarm products and services company, to The ADT Corporation
  • Represented an infrastructure fund on its proposed acquisition, development, financing and operation of a 65MW cogeneration facility in Ontario
  • Represented GDF SUEZ in its C$2.5 billion joint venture and sale of a 60% interest in its 680 MW Canadian renewable energy portfolio to Mitsui & Co. Ltd. and a consortium led by Fiera Axium Infrastructure Inc., including a large-scale reorganization; two 30% equity divestitures representing 60% of the portfolio; and the placement of C$1.6 billion of non-recourse debt financing, which was structured as three separate debt financings provided by The Manufacturers Life Insurance Company, the Japan Bank of International Cooperation (JBIC) and a syndicate of Japanese commercial banks led by The Bank of Tokyo-Mitsubishi UFJ, Ltd. 
  • Represented Represented Brookfield Infrastructure Partners, in its:
    • US$417 million cross-border public offering of limited partnership units to fund two Chilean toll roads, growth capital expenditures of its Australian railroad operations, and pay down the corporate credit facility
    • Acquisition of Prime Infrastructure in a transaction with an implied value of US$1.4 billion
    • C$616 million Canadian public offering to partially fund its participation in the restructuring and recapitalization of Prime Infrastructure (formerly Babcock & Brown Infrastructure)
    • Launch of its Distribution Reinvestment Plan 
  • Represented ONCAP in its investment in Pinnacle Renewable Energy Group, one of the largest providers of wood pellets in the world, primarily used by European and Asian utilities to co-fire with coal or to burn in dedicated biomass facilities to meet their renewable energy targets
  • Represented NextEra Energy Canada in the development and construction of its 60 MW Adelaide Wind Energy Centre in Middlesex County, Ontario
  • Represented First Reserve in its 50% acquisition of the combined 18.5 MW Ryerse ground-mount solar energy project in Port Dover, Ontario, and the 13th Side Road ground-mount solar energy project in Simcoe, Ontario, from SunEdison LLC and SkyPower Limited
  • Represented Perpetual Energy Systems in its sale of the 10 MW Oro ground-mount solar energy project and the 10 MW Lindsay ground-mount solar energy project to SunEdison LLC
  • Represented IESI-BFC (now Progressive Waste Solutions Ltd.) in its US$256 million cross-border public secondary offering of common shares in Canada and the United States
  • Represented Connors Bros. Income Fund in the sale of its operating businesses to an affiliate of Centre Partners Management, LLC
     
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viewpoints

Read about how the Mintz Sustainable Energy and Infrastructure Practice led record-size sustainable infrastructure projects over the past year and closed over 70 deals in 2024, helping clients raise over $4 billion.

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News & Press

Press Release Thumbnail Mintz

Read about how the Mintz Sustainable Energy and Infrastructure Practice led record-size sustainable infrastructure projects over the past year and closed over 70 deals in 2024, helping clients raise over $4 billion.

Press Release Thumbnail Mintz

Mintz announces Adam Banack, Geoffrey Cher, and Emily Y. Fan have joined as partners in the firm’s Toronto office. Since opening just over 18 months ago, Mintz’s Toronto office has grown nearly sevenfold to handle clients’ most sophisticated business issues. 

News Thumbnail Mintz

The Globe and Mail published a feature story about Mintz’s Toronto office, highlighting Mintz’s growth and success in Toronto in tandem with the arrival of new Partners Adam Banack, Geoffrey Cher, and Emily Fan. Insights from Mintz Managing Member Bob Bodian and Toronto Office Managing Member Mitch Frazer are included throughout the piece. The article also mentions Toronto office founding Partners Michael Akkawi, Cheryl Reicin, Eric Foster, and Lee Johnson, as well as Mitch, and includes additional insights from Cheryl and Geoff.

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Recognition & Awards

  • Best Lawyers in Canada: Leading lawyer in corporate law (2024-2025) 

  • The Canadian Legal Lexpert Directory: Infrastructure Law (2020-2022)

  • Lexpert: Rising Star Awards - Leading Lawyers Under 40 (2019)

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Involvement

  • Member, National Hydrogen Working Group, Canadian Renewable Energy Association
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