Vivian Kung, Toronto

About Vivian

Vivian's practice focuses on power, infrastructure/construction and mergers and acquisitions. She is regularly engaged on major project work throughout Canada, including in the social infrastructure, health care, transportation and renewable energy sectors. She also leads M&A transactions in complex regulated industries.

Vivian worked as senior legal counsel with a construction industry leader, acquiring invaluable in-house experience as the responsible lawyer on complex domestic and international projects.

Vivian also clerked at the British Columbia Court of Appeal, where she gained experience in corporate/commercial disputes in British Columbia's highest court.

Select Experience

Representative transactions include acting on behalf of and advising:

Electricity

BluEarth Renewables Inc. on the transfer of Ontario Teachers' Pension Plan's ownership of BluEarth to DIF Infrastructure V
BluEarth Renewables Inc. on its acquisition of four operating renewable energy projects from Veresen Inc.
BluEarth Renewables Inc. on its acquisition and financing of the 19.8 MW Adams and 19.8 MW Danielson wind facilities in Minnesota
A global conglomerate in connection with its acquisition and subsequent divestiture of a 30% interest in a 680 MW Canadian renewable generation portfolio consisting of wind and solar projects in Ontario, New Brunswick, Prince Edward Island and British Columbia

Mergers and Acquisitions

Equinix, Inc. on its C$1.04-billion acquisition of 25 data-centre facilities across Canada from BCE Inc.
Siemens on its US$200-million purchase of Epocal from Alere
StructureTone, a portfolio company of Global Infrastructure Solutions, on its acquisition of Govan Brown
An Asian food retailer on its sale to a national grocery retailer
U.S. private equity sponsors and corporations, including most recently, amongst others, Energy Capital Partners, Apax Partners, Warburg Pincus and Centerbridge Partners

Infrastructure

One of the consortium members of the successful proponent in achieving financial close on the Eglinton Crosstown LRT project
EllisDon in achieving financial close on the New Toronto Courthouse Project
City of Greater Sudbury on the design, build, finance and maintain of a biosolids treatment plant

Awards & Recognition

Vivian is recognized as a leading lawyer in the following publications:

Chambers Canada: Canada's Leading Lawyers for Business – 2023–2025 (Energy: Power (Transactional))
Lexpert Special Edition: Infrastructure 2024
The Canadian Legal Lexpert Directory (2021–2024: Corporate Mid-Market; 2022: Corporate Commercial Law)
The Legal 500 Canada (2022–2023: Energy and Natural Resources: Power; 2020–2023: Infrastructure and Projects; 2021–2022: International Expertise)
The Best Lawyers in Canada – 2018–2023 (Project Finance Law)
Lexpert Rising Stars: Leading Lawyers Under 40 (November/December 2020)