Torys

Energy Regulatory, Litigation

David has been involved in Alberta’s electricity sector since 1997 and has experience in all aspects of both the regulated and the unregulated electricity sectors, including utility rates, cost of capital, market rules, reliability standards and energy price-setting plans, transmission, distribution, generation and cogeneration facilities, industrial systems, merchant transmission, and generation and market surveillance investigations. He also regularly advises on disputes under Alberta’s legislated Power Purchase Arrangements.

David also has extensive experience in the regulated oil and gas industries, including occupational health and safety, facility licensing, off-target penalties, pooling, common processor, common carrier, public consultation, emergency response plans, surface rights, rate regulation and facility regulation, new pipeline facilities, conversion of existing facilities, regulation of storage facilities, as well as sweet and sour gas wells, plants and pipelines.

In environmental matters, David’s experience includes advising clients on environmental assessments, regulatory approvals and appeals, reclamation and remediation, brownfield development, emissions and environmental litigation. He has experience litigating, mediating and arbitrating a wide range of commercial and energy matters, including disputes related to shareholder disputes, directors’ and officers’ liability, securities, "poison pills," product liability, and royalty, leasing, joint venture, co-ownership and other contractual disputes.

David has appeared before numerous regulatory tribunals, including the National Energy Board, Alberta Utilities Commission, Alberta Energy Resources Conservation Board, Alberta Securities Commission, Canadian Environmental Assessment Agency and Canada-Nova Scotia Offshore Petroleum Board. He has also appeared in all levels of courts in Alberta, trial courts in British Columbia and Ontario, and the Supreme Court of Canada.