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Fred D. Cass

Partner* Admitted to the Ontario Bar: 1980
*practising as a professional corporation

Fred is a well-regarded energy lawyer who literally wrote the book on Ontario energy law. A strategic thinker, he carefully analyzes the issues and, drawing on a wealth of experience before regulators, advances his clients’ commercial interests through clear and persuasive advocacy.

Fred is Co-Chair of Aird & Berlis LLP's Energy Law Group and a member of the firm's Litigation Group. He has practised in the energy and energy regulatory field for over 35 years and has developed deep expertise and knowledge in this area. He is actively sought by participants in regulatory proceedings to provide advice with regard to policy and strategy.

He has appeared at all levels of the Ontario courts, at the Supreme Court of Canada and before the Ontario Energy Board in a wide variety of proceedings, including rate cases, facilities cases, system expansion cases and generic hearings. In addition to his extensive experience in cases before the Ontario Energy Board, Fred has also appeared as counsel before the National Energy Board.

Fred is a contributor to energyinsider.ca, a blog which features commentary, analysis and news from A&B’s energy regulatory lawyers.

He has been at Aird & Berlis since his call to the Bar in 1980.

Awards & Recognition

  • Fred is repeatedly recognized as a leader in the energy field by publications such as Chambers CanadaThe Legal 500 CanadaThe Canadian Legal Lexpert Directory and The Best Lawyers in Canada.
  • He was also named Best Lawyers' 2014 "Lawyer of the Year" (Energy Regulatory Law: Toronto).

Professional Involvement

Memberships

  • Electricity Distributors Association
  • Ontario Energy Association
  • The Osgoode Society

Representative Matters

ENERGY EXPERIENCE - REGULATORY

Rate and toll cases, acting for both applicant and intervenor and including experience with a variety of rate making methodologies, such as cost of service, rate escalation and performance-based regulation

Utility mergers and unbundling

Major facilities cases, acting for both applicant and intervenor and including transmission, distribution, system reinforcement and system expansion applications

Expropriation of transmission easement

Natural gas storage cases, acting for both applicant and intervenor and including designation of gas storage areas, granting of leave to inject, store and withdraw, determination of compensation for storage rights, approval of storage contracts and approval of well drilling in designated storage areas

Utility franchise cases, acting for both applicant and intervenor

Unitization and compulsory pooling matters

Generic proceedings

 

ENERGY EXPERIENCE - LITIGATION

Litigation of a variety of energy-related issues

Stated cases regarding questions of law and jurisdiction arising in regulatory proceedings

Judicial review and appeals of regulatory orders

 

SELECTED ASSIGNMENTS

Ontario Energy Board Natural Gas-Electricity Interface Review generic proceeding

Enbridge Gas Distribution Inc. rate cases for 2006 and 2007 (in progress) before the Ontario Energy Board

Ontario Power Authority revenue requirement cases for 2006 and 2007 (pending) before the Ontario Energy Board

Ontario Energy Board proceeding to consider CDM activities by electricity LDCs

Advice to New Brunswick Power Distribution and Customer Service Corporation in connection with “Disco’s” first rates application to the New Brunswick PUB

Selected Publications

“Ontario Energy Board Considers Relevance of Cost Impacts of a Potential Merger in a Rate Application,” Aird & Berlis LLP Energy Insider, November 2015.

Co-author with Ron W. Clark and Scott A. Stoll of Ontario Energy Law: Electricity, LexisNexis Canada, 2012.

Author of Canadian Green Energy Law and Policy, Canada Law Book, 2012.

Author of Releases, Intoxication and Unconscionability, The Advocates Quarterly, Volume 35, page 19, 2008.

Author of The Law of Releases in Canada, Canada Law Book, 2006.

Paper and Presentation on Demonstrative Evidence: Understanding the Substantive Law, for Law Society of Upper Canada program on Demonstrative Evidence Before Courts and Tribunals, 2002.

Co-author of Discovery: Law, Practice and Procedure in Ontario, by Cass, Atkinson and Longo, Carswell, 1993.

Insights

Insights EnergyInsider Sep 22, 2017 OEB Allows Correction of Error From 2011 Rates Proceeding
Insights EnergyInsider Aug 11, 2017 OEB Approves Natural Gas Community Expansion Projects

Education

  • LLB, University of Toronto, 1978