David Stevens

Professional Involvement

Memberships

• The Advocates' Society

Representative Matters

Counsel to applicants in rate cases and other regulatory proceedings before the Ontario Energy Board (OEB), including the first “Custom IR” case, the first pre-approval of a long-term contract, the first "Integrated Resource Plan" Framework case, rate adjustment proceedings, applications for approval of new services, compliance proceedings, customer service policy reviews, facilities approvals and review motions.

Counsel to consumer finance companies in connection with preparation and review of loan and lease documentation.

Counsel to a large technology company in a $10 million arbitration and subsequent $30 million Superior Court action related to the sale of a joint venture.

Counsel to a public company in an oppression remedy application involving securities law issues around a normal course issuer bid.

Counsel in an environmental contamination case related to a condominium development.

Counsel to the respondent in a leasing and bankruptcy dispute that culminated in a Supreme Court of Canada hearing.

Reported cases include:

Over sixty OEB proceedings, including:

• EB-2021-0147 (Rate Adjustment)
• EB-2020-0091 (Integrated Resource Planning)
• EB-2020-0136 (Leave to Construct)
• EB-2020-0181 (ICM)
• EB-2019-0137 (Gas Supply Plan Approval)
• EB-2018-0056 (Electricity Rates)
• EB-2017-0182 (Electricity Transmission Leave to Construct)
• EB-2017-0102 (Earnings Sharing)
• EB-2017-0086 (Rate Adjustment)
• EB-2015-0166 (Pre-Approval of Long-Term Contract)
• EB-2012-0459 (Custom IR Rate Case)
• EB-2012-0405 (Exemption from Distribution System Code)
• EB-2011-0226 (Approval of Customer Care Costs)
• EB-2007-0731 (LPP Class Action Costs)
• EB-2006-0322 (Review Motion)
• RP-2006-0034 (Cost of Service)
• EB-2005-0551 (NGEIR)

Summary judgment motion arising from the sale of a joint venture and related arbitration decision: Nordion Inc. v. Life Technologies Inc., 2015 ONSC 1023.

Appeal of OEB decision around interpretation of settlement agreement: Enbridge Gas Distribution v. Ontario Energy Board, 2011 ONSC 684 (Div. Ct.).

Appeal of motion decision to strike portions of misrepresentation claim: Research Capital Corporation v. Skyservice Airlines Inc., 2009 ONCA 418 (ON CA).

Appeal on differentiated rates for low-income consumers: Advocacy Centre for Tenants-Ontario v. Ontario Energy Board, (2008), 293 D.L.R. (4th) 684 (ON Div. Ct.).

Appeal addressing implications of bankruptcy on commercial lease:  Crystalline Investments Ltd. v. Domgroup Ltd., [2004] 1 SCR 60 (SCC).

Oppression application re. public company: Renegade Capital Corp. v. Schmalz, 2003 CanLII 26110 (ON SC).

Summary judgment motion: Valleytank Inc. v. AR Plus Site Services (Canada) Inc., 2003 CanLII 19752 (ON SC).

Appeal of decision to deny accreditation to a member agency: Family and Credit Counselling Services York Region v. Ontario (Ass. of Non-Profit Counselling Services), 2003 CanLII 4039 (ON Div. Ct.).

Selected Speaking Engagements

"Recent Developments in Energy Regulation," OBA Natural Resources & Energy Law Program, December 4, 2019.

"Service Agreements: Are You Allocating Correctly?" Electricity Distributors Association Affiliate Forum, November 7, 2019.

"New Approaches to Rate-Basing," Electricity Distributors Association Power to Connect Forum, November 29, 2018.

"Careers Breakfast," CAMPUT 2018, May 10, 2018.

"The Future of Energy Storage in Ontario," Ontario Energy Association Speaker Series, November 28, 2017.

"A Primer on Local Distribution Companies for Municipal Professionals," AMCTO Conference, June 13, 2017.

"Regulatory Update: Introduction to Bill 135 & Environmental Policies Impacting Building Construction and Operations," Energy Management: What’s New and What’s Next Thought Leadership Conference, October 26, 2016 and November 2, 2016.

Selected Publications

"The Battles Over Net Energy Metering," Energy Regulation Quarterly, July 2021.

"Toronto Hydro Rate Decision Punts the Regulatory Treatment of Storage to the OEB DERs Consultation," Energy Regulation Quarterly, April 2020.

"Ontario Government Takes Steps to Reform the Ontario Energy Board," Energy Regulation Quarterly, October 2019.

Co-author, Halsbury's Laws of Canada - Weights and Measures, September 2019, published by LexisNexis Canada.

“OEB Takes Steps Towards Implementing “Activity and Program Based Benchmarking,” Energy Regulation Quarterly, July 2019.

"The Colour of Money," Water Canada, September/October 2018.

"What's Next for the Ontario Energy Board?," Energy Regulation Quarterly, March 2018.

"OEB Issues Its Largest Rate Case Decision Ever," IPPSO FACTO (APPrO magazine), February 2018.

"Compressed Air Energy Storage Regulation Proposed,” IPPSO FACTO (APPrO magazine), December 2017.

"Third GHG Auction Sells Out," IPPSO FACTO (APPrO magazine), October 2017.

"Ontario's "Fair Hydro Plan" Comes at a (Future) Cost," Energy Regulation Quarterly, September 2017.

"Light Shed on When Electricity Distributors Can Share Customer Data With Police," The Lawyer's Daily, September 27, 2017.

"British Columbia Regulator has No Jurisdiction to Set Low Income Rates, Energy Regulation Quarterly, March 2017.

"Pole Attachment Charges – Ontario Energy Board Initiates a Comprehensive Review," Energy Regulation Quarterly, March 2016.

"Custom IR Rate Model Approved for Toronto Hydro," IPPSO FACTO (APPrO magazine), February 2016.

"Ontario Introduces Energy Planning Legislation," IPPSO FACTO (APPrO magazine), December 2015.

Contributing author with Fred D. Cass, Ron W. Clark and Scott Stoll, Ontario Energy Law: Electricity, December 2012, published by LexisNexis Canada.

Education

• LLB, University of British Columbia, 1996
• BA, Queen's University, 1992