W. Thomas Barlow* is a founding member, and former Leader/Chair of the firm’s infrastructure & projects and municipal, land use planning & property tax practice groups. He is ranked by Lexpert as Repeatedly Recommended for Infrastructure Law.
He is a founding member of Fasken’s national security, procurement, government relations & strategy, and political law practice groups. He also has broad knowledge in dispute resolution, with extensive experience acting for public and private sector clients in alternative dispute resolution (ADR), administrative tribunal and court proceedings. Tom’s practice combines a strong counsel background in business, commercial and administrative law matters with a sensitivity to policy considerations and unparalleled insight in his areas of practice.
Tom has led and advised on numerous infrastructure, project finance and PPP projects and other procurements in multiple jurisdictions and sectors over many years, for authorities, bidders and consortium members, including developers, constructors, operators, and lenders. He is currently acting on matters involving the procurement and provision of public services, systems and infrastructure, both in Canada and internationally. Efficiently balancing public and private interests and risks, Tom has been integral to the development and implementation of new infrastructure procurement models, including progressive projects, since the earliest PPP projects in Canada. Recent examples include acting for Infrastructure Ontario and Metrolinx on the Ontario Line Subway Project, the Weeneebayko Area Health Authority and Infrastructure Ontario on its Redevelopment Project, and the Government of Canada and the Windsor-Detroit Bridge Authority on the Gordie Howe International Bridge Project, which has been awarded recognition by Lexpert, Project Finance International and Project Finance & Infrastructure Journal (IJ Global) IJ and the Canadian Council for Public-Private Partnerships. The Canadian Council for Public-Private Partnerships and other industry organizations have recognized many of the public-private projects on which he has acted, several of which have been named “Deals of the Year.”
Tom has advised on municipal and community infrastructure development, land use and financing in the local and regional contexts, including First Nations and community benefits.
As part of his municipal, regulatory and administrative law practice, Tom has also provided advice on planning law, municipal assessment and taxation, applications and approvals, by-law interpretation and other municipal and compliance matters as well as national security issues related to infrastructure. He has frequently negotiated with or represented municipalities and public agencies across Ontario, as well as representing clients before administrative boards and tribunals.
Tom’s practice has also included representing clients on matters pending before courts at all levels in Ontario, at the Federal Court and in the Supreme Court of Canada.
Tom is a former Big Brother of the Year for Etobicoke and has been actively involved in community and public service throughout his career, including both professional and charitable organizations. Tom is an instructor in the Clayton H. Riddell Graduate Program in Political Management at Carlton University.
Tom was appointed King's counsel by order of the Lieutenant Governor of Ontario in 2023. The King’s Counsel designation is given to lawyers who have demonstrated a commitment to the pursuit of legal excellence in service to the Crown, the public and their communities.
*Practising through a professional corporation
Selected Client Work
Projects
- Ontario Line – Rolling Stock, Systems, Operations and Maintenance Project, Southern Civil, Stations and Tunnel Project, Pape Tunnel and Underground Stations Project and Elevated Guideway and Stations Project – Advising Infrastructure Ontario and Metrolinx on this ongoing project to design, build, finance, operate and maintain the Ontario Line Subway
- Weeneebayko Area Health Authority (WAHA) Redevelopment Project – Advised WAHA and Infrastructure Ontario on this ongoing project for the construction of a new hospital, Elder Care Lodge, visitor hostel and staff accommodations in Moosonee and a new Ambulatory Care Centre on Moose Factory Island which, once completed, will support WAHA in providing exceptional, culturally sensitive healthcare to patients and clients living along Ontario’s James Bay and Hudson Bay coasts, many of whom are Indigenous
- Gordie Howe International Bridge Project in construction between Canada and the United States – Advising the Government of Canada and the Windsor-Detroit Bridge Authority in connection with the ongoing Gordie Howe International Bridge Project, a bridge crossing between Windsor, Ontario and Detroit, Michigan
- Windsor-Detroit Bridge Authority achieves financial close – Advised the Windsor-Detroit Bridge Authority and Her Majesty the Queen in Right of Canada in connection with the procurement, project agreement and commercial/financial close for the Gordie Howe International Bridge Project
- Regina Bypass Project – Advised lenders for the design, building, financing, maintenance, and reconstruction of the largest project of its kind in the history of Saskatchewan
- Federal Government of Canada reaches financial close on its contract for their Long-Term Accommodation Project with Plenary Properties – Counsel to the Federal Government of Canada, Defence Construction Canada, Department of Justice and Communications Security Establishment Canada, Canada’s national cryptologic agency, providing the Government of Canada with information technology security and foreign signals intelligence, for its Long-Term Accommodation Project with Plenary Properties
- London Ontario hospital redevelopment projects valued at US$261 million achieve financial close – Advised Infrastructure Ontario in financial close for the building and financing of two redevelopment projects in London, Ontario for US$261 million
- Henderson General Hospital Project reaches financial close on US$259 million redevelopment - Advised Infrastructure Ontario and Hamilton Health Sciences on a US$259 million redevelopment of Henderson General Hospital
- Transports Québec announces completion of Autoroute 25 Under P3 Agreement – Advised Transports Québec in respect of the setting up of the Québec Government's first ever public-private partnership
Reported Cases
- Arsenault v. Progressive Conservative Party of Ontario, 2018 ONSC 1663 (CanLII)
- McEwing v. Canada (Attorney General), 2013 FC 525 (CanLII); 2013 FC 183 (CanLII)
- Brantford (City) v. Montour, 2013 ONCA 560 (2013 CarswellOnt 12669)
- Bielli v. Canada (Attorney General), 2013 FC 953, 2013 CF 953 (2013 CarswellNat 7548)
- Opitz v. Wrzesnewskyj, [2012] 3 SCR 76, 2012 SCC 55 (CanLII); 2012 ONSC 2873 (CanLII)
- PC Ontario Fund v. Essensa, 2012 ONCA 531 (CanLII); 2012 ONCA 453 (CanLII); 2011 ONSC 2641 (CanLII);
2010 ONSC 6799 (CanLII) - Judicial Recount Arising out of the 41st General Election in the Electoral District of Etobicoke-Centre (Re), 2011
ONSC 3652 - Exchange Corp Canada Inc v. Mississauga (City), 2011 ONSC 6768, 91 MPLR (4th) 121
- Paul Sadlon Motors Inc v. General Motors of Canada Ltd, 2011 ONSC 4650, 204 ACWS (3d) 757 (Div. Ct.)
- Imperial Parking Canada Corp v. Toronto (City), 2007 ONCA 649, [2007] OJ No 3578, 160
ACWS (3d) 718. - Judicial Recount Arising out of the 39th General Election in the Electoral District of Parry Sound (Re), 2006
CanLII 6914 (ON SC) - Canadian Waste Services Inc v. North Bay (City), 107 ACWS (3d) 553, 21 MPLR (3d) 38 (Ont. S.C.J.)
- 1098748 Ontario Ltd v. Ontario Property Assessment Corp Region No 11, 2001 ONSC, 103 ACWS (3d) 661, 198 DLR (4th) 139 (Div. Ct.)
- Fink v. R, 1999, 99 DTC 582 (Tax Court of Canada)
- 1016338 Ontario Ltd v. North York (City), 1995 ONSC, 43 MPLR (2d) 276, 43 OTC 385, 73 ACWS (3d) 333.
- Canada Colors & Chemicals Ltd v. Tenneco Canada Inc, 1993 ONSC, 17 CPC (3d) 44, 41 ACWS (3d) 495, 4 W.D.C.P. (2d) 441.
- Comaplex Resources International Ltd v. Schaffhauser Kantonalbank, 1991 ONSC, 2 WDCP (2d) 524, 5 CPC (3d) 180, 84 DLR (4th) 343.
- Imperial Life Assurance Co. of Canada v. Sanderlea Corp, [1991] OJ No 2705, 22 RPR (2d) 290.
- Peaker v. Canada Post Corp., [1989] C.L.D. 542, 13 A.C.W.S. (3d) 248, 68 O.R. (2d) 8
- General Accident Assurance Co. of Canada v Lornex Mining Corp, 1988 ONSC 40 BLR 299, 66 OR (2d) 783.
- Weenies Inc v. 364558 Ontario Ltd, [1988] OJ No 1805, 12 ACWS (3d) 204 (C.A.)
- Mills-Hughes v. Raynor, 1988 38 BLR 211, 47 DLR (4th) 381, 63 OR (2d) 343 (C.A.)
- Re: An Act to Amend the Education Act (1986), 53 O.R. (2d) 513 (C.A.)
- Copenhagen Handelsbank A/S v. Peter Makos Furs Ltd, 1984 ONSC, 27 ACWS (2d) 437, 28 BLR 26, 46 CPC 21.
- Dominion Securities Ames Ltd v. Deep, 1984, 26 ACWS (2d) 207, 4 OAC 386 (C.A.)
