Philip K. Barton*
Assistant: Brittney Blackall
Areas of Expertise
- Natural Resources/Energy
- Mergers & Acquisitions
- Project Financing
- Commercial Lending
- Mezzanine Financing
* Law Corporation
Philip is a business lawyer who has a different focus on transactions than many of his professional peers. His engineering background provides a practical viewpoint and, further, he was co-founder of a hydropower developer in 2006 which secured $5 million of venture capital in 2007, developed the 22 MW ($65 million) Jamie Creek run-of-river project and was sold to private equity in 2009.
Philip has practiced for 15 years in both acquisition and sale transactions and in countless finance transactions including project finance, acquisition finance, commercial lending and equity investments. Active clients include business owners, developers, lenders and first nations; such clients are focused on electricity, oil & gas, construction, commercial real estate, forestry, manufacturing and craft brewing. Over the years, Philip has provided legal support to seven operational run-of-river and wind facilities that collectively represent over $600 million of capital and has provided legal support to dozens of development projects. Philip previously practiced at a national firm in Calgary focused on finance and mergers & acquisitions.
- UBC, Environmental Engineering, B.A.Sc.
- UBC, Civil Engineering, M.A.Sc.
- Dalhousie University, LL.B.
- Year of Call: 2004 (Alberta) and 2009 (B.C.)
- Member, Association for Corporate Growth
- Member, Clean Energy BC
- Member, Canadian Geothermal Energy Association
- Member, Law Society of British Columbia and Law Society of Alberta
“Legal Issues in Acquisitions and Acquisition Financing”; NAI Commercial, November 2016
“Legal Issues of Project Finance and Acquisition Finance”; Small Hydro Canada 2014 Conference – Western Summit, April 2014
“Legal Issues in the Exit”; Surrey Board of Trade and Association of Corporate Growth – Financing, Buying and Selling Businesses, November 2012
News & Media
- Carol Lee and Philip Barton are now Shareholders at Boughton Law
- Rokstad Attracts Significant Investment from Carillion
- Travelers Capital Corporation Arranges Project Financing for 16 MW Hydroelectric Project in British Columbia
"Economic Instruments and the Kyoto Protocol: Can Parliament Implement Emissions Trading Without Provincial Co‑operation?" (2002) 40 Alberta Law Review (No. 2) 417
Acquisition and Sale Transactions
- Acted for Renewable Power Corporation in the share purchase of the Cascade Heritage hydropower project from Sea Breeze Power.
- Acted for Rokstad Power Corporation in its asset sale to an affiliate of the UK-based Carillion plc for cash consideration in excess of $100 million (subject to performance). Rokstad Power is a transmission and distribution line contractor with over 600 employees.
- Acted for Rokstad Power Corporation in the share acquisition of Plowe Power Systems Ltd, a BC-based transmission line contractor with 30+ employees.
- Acted for vendors in a $7 million share sale of a manufacturing business.
- Acted for vendors in a $1.6 million share sale of a retail business.
Project Finance and Acquisition Finance
- Acted for the Fort McKay First Nation in obtaining $40 million of senior secured credit facilities from the Royal Bank of Canada.
- Acted for Dragonfly Hydropower Corp and Dahl Creek Hydro Power LP and Bowbyes Creek Hydro Power LP in connection with the debt and equity financing provided by Reconcept GmbH, an investment fund based in Germany, for the development of the 5 MW Dahl Creek and 7 MW Bowbyes Creek projects.
- Acted for a large Quebec-based credit union for $44 million of project financing for the construction of purpose-built apartment towers in Victoria.
- Acted for Travelers Capital Corporation, Industrial Alliance Insurance and Financial Services Inc. and Desjardins Financial Security Life Assurance Company in arranging $61 million of non-recourse project financing for the 16 MW Box Canyon run-of-river hydropower project.
- Acted for Travelers Capital Corporation and Industrial Alliance Insurance and Financial Services Inc. for the non-recourse acquisition financing for Aquila Infrastructure Management to acquire the 8 MW Raging River hydropower facility.
- Acted for lenders in the financings of numerous commercial real estate transactions.
- Acted for lender for bridge (construction) financing for 20 MW hydropower project.
- Acted for lending syndicate in project financing for 54 MW and 30 MW wind farms.
- Acted for contractors to reorganize an $80 million general partnership of 3 contractors for the civil construction of a run-of-river hydropower project.
- Acted for subcontractor for construction and joint venture contracts for tower assembly and conductor stringing of the $709 million Interior to Lower Mainland Transmission Line.
- Acted for issuers and mortgage investment corporations in numerous private placements of preferred shares, flow-through shares and common shares including offering memorandums.
- Completed numerous tax reorganizations, family trusts, shareholder’s agreements and general commercial contracts.