Lexpert®Ranked Lawyers
P3 Realities | 17
Hammel, QC, Scott J.
Miller Thomson LLP
(780) 429-9726
shammel@
millerthomson.com
Mr. Hammel's
practice focuses on
construction and
commercial litigation.
He is a Fellow of
the Cdn. College of
Construction Lawyers
and has extensive
trial and arbitration
experience, both
domestically and
internationally.
Hardwicke-
Brown, Mungo
Blake, Cassels &
Graydon LLP
(403) 260-9674
mhb@blakes.com
Mr. Hardwicke-Brown's
M&A, corporate
fi nance and energy
practice focuses on
the natural resources
and infrastructure
industries. His
experience embraces
the petroleum,
natural gas, oil sands,
electricity, potash,
pipelines and
LNG sectors.
Harricks, Paul H.
Gowling Lafl eur
Henderson LLP
(416) 369-7296
paul.harricks@
gowlings.com
Mr. Harricks leads
Gowlings' Energy,
Infrastructure &
Mining Group. His
transaction-based
practice embraces
infrastructure, energy
and project fi nance.
He acts for Canadian
and international
corporations, funds and
fi nancial institutions.
Harbell, James W.
Stikeman Elliott LLP
(416) 869-5690
jharbell@
stikeman.com
Member of Partnership
Board. Co-chair of
National Energy and
Toronto Real Estate
Groups. Focuses on
energy, infrastructure
and real estate,
M&A transactions,
development,
project fi nance and
procurement for
electricity, gas and
government entities.
Harquail, Michael R.
Blake, Cassels &
Graydon LLP
(416) 863-2929
michael.harquail@
blakes.com
Mr. Harquail advises
lenders and borrowers
of all types, with a
focus on corporate
banking, syndicated
fi nance, asset-based
lending, project
fi nance, structured
fi nance, subordinated
debt and high-yield
offerings.
Haythorne, John S.
Dentons Canada LLP
(604) 691-6456
john.haythorne@
dentons.com
Mr. Haythorne, Co-
Leader National
Infrastructure/
P3 Group. Also P.
Engineer, focuses on
PPP, infrastructure
and construction law
(hydro, hospital, road,
biofuel, waste, transit),
particularly contract
negotiation and drafting
and procurement.
government might say, 'Do I need to maintain this road?
Nobody's going to notice for 15 years but my election is just
around the corner, I'd rather spend the money elsewhere.'
"The P3 brings that reality to a private-sector context,
where they have a long-term agreement to maintain the
infrastructure to certain standards over 30 years. It re-
moves the political inf luence over allocation of resources,
so you have properly maintained infrastructure over the
long term."
In fact, what they do is transfer all the risk to the private
sector, says Pennycook.
"If the construction costs more than the fixed price, it's
not the government's problem," she says. "It's not like reno-
vating your house where everything ends up costing 'just a
bit more.' It is more the case that here's the price and it has to
be delivered to very skilled and rigorous technical standards
for that price.
"On the operating side, the facility has to be operated and
maintained again to a very detailed and rigorous standard
and, if it's not, there are penalties. So the obligation to per-
form and the risk of managing increase costs go to the pri-
vate sector but the government still maintains control that
things are being done the way they contracted for them to
be done. It's still owned by the government."
Sandra Rubin is a freelance legal affairs writer.
PHOTO: SHUTTERSTOCK
