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’ 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. His work before the OEB encompasses 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 before the National Energy Board (now the Canada Energy Regulator) and other energy regulators, such as the Newfoundland and Labrador Board of Commissioners of Public Utilities.

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

Representative Matters

Energy Experience - Regulatory

Rate, toll and fees cases, acting for both applicants and intervenors and including experience with a variety of rate making methodologies, such as cost of service, rate escalation, performance-based regulation, incentive regulation and the OEB’s custom incentive regulation

Determination of appropriate return on equity and capital structure for utilities

Utility acquisitions, mergers and unbundling

Major facilities cases, acting for both applicants and intervenors and including transmission, distribution, system reinforcement and system expansion applications

Expropriation of transmission easement

Natural gas storage cases, acting for both applicants and intervenors 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

Regulatory consultatives, policy proceedings and stakeholder consultations

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

OEB proceeding in which approval was first granted for a custom incentive regulation plan

OEB proceeding in which approval was granted for the merger of Ontario’s two primary natural gas distributors

OEB proceeding in which approval was granted for the merger of three of Ontario’s leading electricity distributors and the acquisition of a fourth electricity distributor

OEB generic proceeding involving a reset and refinement of policies regarding the cost of capital for regulated utilities, notably the return on equity formula

OEB Natural Gas-Electricity Interface Review generic proceeding in which the OEB decided to forbear from regulation of prices of certain natural gas storage services

OEB proceeding in which approval was first granted for a performance-based regulation plan

OEB proceeding in which approval was granted for a 450 kilometre electricity transmission line in Northwestern Ontario

Selected Publications

Co-author with Zoё Thoms of Deliberative Secrecy in the Context of Decision-Making by Administrative Tribunals, The Advocates Quarterly, Volume 44, Number 2, page 168.

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 with Peter Y. Atkinson and John J. Longo of Discovery: Law, Practice and Procedure in Ontario, Carswell, 1993.

Insights

Insights EnergyInsider Jun 17, 2020 OEB Seeking Input on Virtual Hearings

Education

  • LLB, University of Toronto, 1978