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Fred D. Cass



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Admitted to the Ontario Bar: 1980

Fred Cass is Co-Chair of Aird & Berlis LLP's Energy Team and a member of the firm's Litigation Group.


Fred Cass has practiced in the energy and energy regulatory field for over 30 years and he 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, a blog which features commentary, analysis and news from A&B’s energy regulatory lawyers.

Special DesignationsFred is repeatedly recognized as a leader in the energy field by publications such as Chambers Canada, The Legal 500 Canada, The 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).


Electricity Distributors Association
Ontario Energy Association
The Osgoode Society 


LL.B., University of Toronto, 1978

*Practising as a professional corporation


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

Author of Canadian Green Energy Law and Policy, Carswell, March 2012.

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

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

Recent 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

Representative Transactions

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

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