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Partners

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Noble C. Chummar Noble C. Chummar
t: 416 869 5454
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Brian P. Dominique Brian P. Dominique
t: 416 869 5435
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Sherri Fountain Sherri Fountain
t: 403 351 2923
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Colin Ground Colin Ground
t: 416 860 6742
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Arthur L. Hamilton Arthur L. Hamilton
t: 416 860 6574
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Josef W. Hocher Josef W. Hocher
t: 403 351 3058
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Jason M. Holowachuk Jason M. Holowachuk
t: 403 351 3056
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Thomas Isaac Thomas Isaac
t: 604 691 6108
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Alison R. Manzer Alison R. Manzer
t: 416 869 5469
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Marc Mercier Marc Mercier
t: 416 869 5770
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David Redford David Redford
t: 604 691 6125
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Douglas Richardson Douglas Richardson
t: 403 351 2659
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Andrew Salem Andrew Salem
t: 416 860 6762
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Keith Templeton Keith Templeton
t: 403 351 2925
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Associates

Related people 2
Jacqueline Chow Jacqueline Chow
t: 403 351 2932
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Neil K. Harris Neil K. Harris
t: 403 351 2638
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Evan Low Evan Low
t: 403 351 3024
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Namrita Sohi Namrita Sohi
t: 403 351 2662
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Mike R. Tallim Mike R. Tallim
t: 416 815 4246
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Energy & Utilities

Cassels Brock has been providing legal advice to clients in the energy and utilities industries for over 30 years, with a particular expertise and strong working knowledge of Ontario’s electricity sector. We are experienced in the corporate, commercial, regulatory, financing, tax and real property aspects of energy and electricity law and have substantial experience in infrastructure privatizations and the development of public-private partnerships. Our lawyers have advised governments, consumers, generators, distributors, lenders and underwriters by providing experienced legal consultation to help them achieve their long-term commercial interests on a vast array of electricity and energy-related transactions and projects. More recently, we have represented clients who are at the forefront of energy technology, including clean technology and renewable energy.

Cassels Brock was initially retained by the Ontario Ministry of Energy and the Ontario Ministry of Finance to advise the Government of Ontario on the Energy Competition Act, 1998, and we continue to advise them on matters pertaining to Ontario’s electricity industry. We are intimately familiar with the current legislative regime that governs Ontario’s electricity industry, including the Electricity Act, 1998, the Ontario Energy Board Act, 1998, the Green Energy and Green Economy Act, 2009 and the Ontario Clean Energy Benefit Act. Our energy and electricity lawyers are also very familiar with the various codes and rules enacted by Ontario’s electricity regulatory authorities such as the Ontario Energy Board the Independent Electricity System Operator and the Ontario Power Authority; in fact, Cassels Brock acted on behalf of the Province of Ontario in initially establishing the Ontario Power Authority and its then corporate governance regime.

Our energy and utilities lawyers have extensive experience in all aspects of the purchase, disposition, financing and/or development of public utility and independent power projects in multiple jurisdictions in Canada. We have also negotiated many forms of energy supply contracts, including negotiating and structuring complex power purchase and procurement agreements and other physical and financial bilateral agreements for the supply of electricity in the Province of Ontario and in other Canadian jurisdictions. Cassels Brock lawyers have advised clients on sole source power purchase agreements in Ontario, Québec, New Brunswick, British Columbia, the Northwest Territories and Nova Scotia, including Clean Energy Supply Contracts, Demand Response Contracts, Demand-Side Management Contracts and Renewable Energy Supply Contracts; in addition, our lawyers have experience negotiating with Aboriginal parties in developing electricity projects. We are also well-versed in electricity-related litigation in connection with power purchase agreements and electrical safety issues.  

Our experience in this area extends to:

  • Public utility and independent power project acquisition, disposition, financing and development
  • Power procurement, including physical and financial power purchase agreements and any related cross-border issues
  • Corporate governance, regulatory structure, asset transfer, employee and pension issues, delegated authority and other matters related to the electricity industry
  • Incorporations, partnerships, limited partnerships and joint ventures
  • Privatization and public-private partnerships
  • Equity and debt financing through private placements and public offerings
  • Regulatory approvals
  • Construction law advice, including contract disputes, resolution of lien problems, bankruptcy and insolvency of contractors, and claims for faulty construction
  • Dispute resolution between major utility corporations through arbitration or the courts

The energy and utilities lawyers at Cassels Brock have advised on a wide array of matters including:

  • Acting for the Ontario Ministry of Finance and the Ontario Financing Authority in relation to the unbundling and disposition, conveyance, transfer or assignment of the generation, transmission, distribution and other assets, services and liabilities of Ontario Hydro to Ontario Power Generation Inc., Hydro One Inc., the Independent Electricity Market Operator and the Electrical Safety Authority
     •  This included advice on complex assets and liabilities related to nuclear generation, pension plans, litigation files, operating and other agreements, non-utility generator (NUG) contracts, employees and employee-related matters, and software licences
 
  •  It also included the incorporation, organization and drafting of constating and other governance documents related to Ontario Power Generation Inc., Hydro One Inc. and Ontario Electricity Financial Corporation

 

  • Acting for the Ministry of Energy and the Ministry of Finance, and Ontario Electricity Financial Corporation in relation to the restructuring and deregulation of the Ontario Electricity system and the break-up of Ontario Hydro into its five successor corporations, including Hydro One Inc. 
  • Acting for the Ontario Ministry of Finance and the Ontario Financing Authority in relation to each of the negotiation and settlement of the Ontario Nuclear Funds Agreement with Ontario Power Generation Inc. and the settlement of a related trust to permit Ontario Power Generation Inc. to comply with the requirements imposed on it by the Nuclear Fuel Waste Act (Canada)
  • Acting on behalf of the Government of Canada in securing $5 Billion Bond Financing for the Muskrat Falls Project in Newfoundland and Labrador
  • Acting as Chief Federal Negotiator on behalf of the Government of Canada in respect of its restructuring of the legislative powers, programs and responsibilities for the management of land, waters and natural resources in the Northwest Territories (including hydro electricity, minerals, oil and gas and water)
  • Representing Ontario Electric Financial Corporation in multiple proceedings initiated by non-utility generators before the Superior Court and Court of Appeal
  • Acting as local counsel in connection with the structuring of investments in renewable energy projects in Canada for US and European investors
  • Representing the Electrical Safety Authority in claims by property owners and institutions alleging negligent inspection and improper exercise of regulatory authority
  • Acting for the Ontario Ministry of Energy in relation to the drafting of the Electricity Pricing, Conservation and Supply Act, 2002
  • Acting for Enwave District Energy Limited, a major utility, regarding issues related to the construction of its Deep Lake Water Cooling Project
  • Acting for the City of Toronto in connection with: (i) the negotiation of a conservation and demand side management agreement with the Ontario Power Authority and Toronto Hydro Corporation; and (ii) advising on the legal and regulatory framework for the construction of a third electricity transmission line into the City of Toronto
  • Acting for a major US power corporation in the acquisition of a co-generation facilities in Ontario
  • Acting for a major Canadian pulp and paper producer in negotiating/structuring and documenting its participation in the development of a private co-generation power generation facility
  • Acting on behalf of a South American government in the privatization of power generation facilities
  • Representing a variety of financial institutions on construction, term and operating loans for power generation (including hydroelectric and clean other energy (solar, wind)) and other infrastructure-related projects located in Canada and other countries
  • Acting for the Ontario Electricity Financial Corporation in negotiating with First Nations the grant of new easement and the settlement of previous claims related to the transmission and distribution lines of the former Ontario Hydro, now Hydro One Inc.
  • Acting for a syndicate of underwriters on the public financing of a major international power-generating enterprise owning and operating over 30 private power-generating facilities located in Canada and the US
  • Acting as counsel to a major construction company in connection with issues arising from the construction of private hydro plants
  • Representing a leading electricity company in negotiating renewable energy power purchase agreements
  • Acting for Countryside District Energy Corp. (formerly Trigen Energy Canada Limited) on various matters pertaining to its district energy business
  • Appearing before the National Energy Board, the Ontario Energy Board and the New Brunswick Public Utilities Board
  • Acting for the Ontario Ministries of Energy and Finance in the creation, organization and governance of the Ontario Power Authority
  • Defending a company before the Ontario Energy Board on allegations of non-compliance with the consumer protection regulations, guidelines and codes of conduct applicable to energy retailers and acting on the subsequent judicial review
  • Acting for Sprott Power Corp. in its acquisition of Confederation Power Inc., its purchase of Sky Generation Inc., and in the acquisition and financing of Amherst Wind Power LP
  • Representing the first organization to secure financing from the American Recovery and Reinvestment Act’s clean energy stimulus budget for the construction of the first privately built, “merchant” transmission line in the US
  • Advising on the policy and drafting of legislation relating to electricity regulation for a government entity
  • Extensive experience with tax-exempt entities under the Income Tax Act (Canada) and the PIL regime under the Electricity Act 1998
  • Acting for municipalities in the restructuring and disposition of electricity utilities

Contracts & Agreements

We have acted for a number of parties with respect to structuring and negotiating power purchase, procurement, and a myriad of other physical and financial bilateral agreements pertaining to the supply of electricity.

Our experience in this area includes:

  • Acting for De Beers Canada Inc. in the negotiation of a power purchase agreement from the 18 MW (to be expanded to 54 MW) Taltson hydro-electric generation facility in the Northwest Territories
  • Advising on the negotiation of electricity power purchase agreements (both physical and financial) with Ontario electricity generators, transmitters and distributors, including on behalf of universities, large industrial consumers, mining companies, hospitals, insurance companies, manufacturers, retailers and commercial landlords
  • Acting for a wind power generator in the negotiation of renewable energy power purchase agreements for generation facilities located or to be located in Ontario, Québec, New Brunswick, Prince Edward Island and Nova Scotia 
     

•     In connection with these assignments, we advised on and/or negotiated contracts with the Ontario Power Authority, Hydro Québec and New Brunswick Power Corporation

  • Acting on behalf of various clients in negotiating, structuring and documenting their participation in the development and/or financing of private hydro-electric power generation facilities, electric projects in Ontario, Québec, British Columbia and Newfoundland
  • Acting for Kingston General Hospital in the negotiation of the development of a 15MW cogeneration facility with Queen’s University and the sale of electricity from the facility
  • Preparing term Contract for Civil and Electrical Design-Build Services for Toronto Hydro-Electric System Limited