McIver, Colin J.
Dentons Canada LLP
(604) 443-7128
colin.mciver@dentons.com
Mr. McIver advises on
structuring P3s and infra-
structure projects, and
on related real property
and project development
processes. He counsels both
authorities and proponents.
His P3 mandates include
transport, accommoda-
tion and energy projects.
McLellan, Bradley N.
WeirFoulds LLP
(416) 947-5017
bmclellan@weirfoulds.com
Mr. McLellan acts for clients
in the planning and de-
velopment of various infra-
structure projects. He has
provided project structuring
and property acquisition
advice to York Region in its
award-winning VIVA rapid
transit project since 2002.
Merrick, Jeffrey
Blake, Cassels
& Graydon LLP
(604) 631-3386
jeff.merrick@blakes.com
Mr. Merrick's real estate,
business law and project fi-
nancing practice emphasizes
investment real estate and
financing, and developing
P3s and AFP infrastructure
projects. His clients include
developers, pension funds
and private-equity funds.
McKenzie, Maria K.
Farris, Vaughan,
Wills & Murphy LLP
(604) 661-9319
mmckenzie@farris.com
Ms. McKenzie advises the
public and private sectors on
P3s and other infrastructure
and construction projects.
She also advises on financing
for lenders and borrowers,
commercial property trans-
actions and reorganizations.
Ménard, Yves J.
Borden Ladner Gervais LLP
(613) 787-3518
ymenard@blg.com
Mr. Ménard is the Business
Law Leader in the firm's
Ottawa office. He focuses
on real estate, construction
and procurement law, with
emphasis on real estate
financing, construction
contracts, procurement
and business acquisition.
Messinger, Stephen J.
Minden Gross LLP
(416) 369-4147
smessinger@mindengross.com
Mr. Messinger focuses on
commercial development and
leasing. He acts for develop-
ers, property managers, trust
companies, pension funds
and retail chains. A frequent
lecturer, he is recognized as
a most frequently recom-
mended leasing lawyer.
ENERGY REGULATION
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25
ously established in common law and now
made explicit in the ESSA and PSA.
Smith says the enunciation of a non-use
value is "new, for sure" and "something to
watch" for its impacts on infrastructure
projects. But it's only actionable by fed-
eral and provincial governments, thereby
excluding suits by municipalities, environ-
mental groups and Aboriginal organiza-
tions who have been the prime movers of
legal actions against pipeline projects.
"It's going to be kind of a policy issue for
the government that [first] triggers it," he
says. "It's not clear what the government
would seek as a result." He concedes the
new provision could be used to seek puni-
tive damages, in addition to cleanup costs,
but he adds, "I would hope that it would be
more constructive than that." Rather than
seeking massive payments for long-term
now personally accountable for the accu-
racy of financial statements. Bill C-46, the
Pipeline Safety Act (PSA), which received
Royal Assent June 18, increases absolute li-
ability for spills from major pipelines from
$30 million to at least $1 billion, and em-
powers the NEB to specify higher amounts
where it sees fit. e bill also requires com-
panies to maintain financial instruments
sufficient to meet such charges. It makes
explicit the established common-law prin-
ciple of polluter-pay, by formally declaring
there is no limit on liability where a compa-
ny is at fault for leaks or spills. It recognizes
the non-use value of land and water for the
first time in Canadian law, and enables Ab-
original governments to bill for all reason-
ably incurred expenses of spill cleanups on
their land and waters. e Energy Safety
and Security Act (which received royal as-
sent in Feb. 20, 2015) includes the same
provisions of absolute liability, unlimited
liability and non-use value of land in the
cases of nuclear facilities, offshore pipelines
and oil platforms.
While the $1-billion absolute-liability
provision has attracted the most media
coverage, experts say the recognition of the
non-use value of land is far more important
for infrastructure developers and owners
because it greatly extends the range of dam-
ages covered by the polluter-pay rule previ-
