Vivian Kung Partner | Toronto

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

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)

Vivian is a member of the Construction Lawyers Society of America, Toronto CREW and the Canadian Bar Association.

• Co-author : Where’s the Meat? Growing Trends in the Plant-Based Food Industry
  Episode 23, Blakes Sound Business Podcast, September 15, 2022.

• Quoted : Powering up the renewables space as the need for more electricity grows
  Interviewed by Zena Olijnyk, Lexpert, September 25, 2023.

Admitted to the British Columbia Bar – 2007
Admitted to the Ontario Bar – 2011
JD (Gold Medalist), University of British Columbia – 2006
BA (Governor General's Silver Medal), University of British Columbia – 2003