KAISER ARBITRATION
Gordon Kaiser is a Arbitrator and Settlement Counsel practicing in Toronto, Calgary and Washington DC. His practice involves domestic and international disputes in energy, infrastructure, telecommunications, competition law and technology. He served as Vice Chairman of the Ontario Energy Board for 6 years. Prior to that he was a partner in the Gowlings law firm for 25 years where he appeared in the courts of five provinces, the Federal Court of Appeal, the Supreme Court of Canada and regulatory commissions across the country.
Mr. Kaiser has advised both regulators and utilities. The regulators include the Ontario Energy Board, the Alberta Utilities Commission, the Commissioner of Competition, the Ontario Independent Electricity System Operator (IESO), the Ontario Farm Products Marketing Commission, the Commissioner of Patents and the Competition Tribunal. The utilities include Toronto Hydro, Union Gas, Hydro One, PowerStream (Alectra), London Hydro, Ontario Power Generation, AltaLink, EPCOR and China Three Gorges.
Gordon has negotiated a number of settlements in the energy and technology sector, including disputes on multi-year rate plans between public utilities and their major customers and long term contracts for the pricing of gas, electricity and wireless data. He has advised both the Alberta’s Utility Commission and the Ontario IESO on settlements under the Market Rules and both the Attorney General Canada and the Commissioner of Competition on settlements under the Competition Act.
Mr. Kaiser has arbitrated disputes dealing with the construction of transmission and pipeline facilities, power purchase agreements, gas supply contracts, the construction of power plants wind and solar facilities. He is a member of the JAMS Global Engineering and Construction panel in Washington DC, the IESO panel in Toronto, the ICC Canadian arbitration panel in Ottawa and the London Court of International Arbitration.
Gordon has served as an Adjunct Professor at Queen's University, the University of Toronto and the Osgoode Hall Law School. He is Editor along with Bill Rowley and Doak Bishop of The Guide to Energy Arbitration now in its’ second edition. For 10 years he has served as Co-Chair of the Canadian Energy Law Forum and a Managing Editor of the Energy Regulation Quarterly. He is recognized as one of Canada’s leading Arbitrators by Chambers Global.
Gordon is a Fellow of the Chartered Institute of Arbitrators in London and the Association of International Petroleum Negotiators. Mr. Kaiser has served on a number of corporate boards including subsidiaries of Bell Canada and AltaLink, Alberta’s largest electricity transmitter.
GORDON E. KAISER ARBITRATOR & SETTLEMENT COUNSEL
Toronto Dominion Center Suncor Energy Centre 77 King Street West, Suite 2020 150 6th Avenue SW, Suite 500 Toronto, Canada M5K 1A1 Calgary, Canada T2P 3Y9
855.736.4608 | [email protected] | kaiserarbitration.com
Executive Administrator | Karen Daly | 416.640.4730 x 2200
PROFILE | DECISIONS | SETTLEMENTS | PRESENTATIONS | PUBLICATIONS PROFILE
EDUCATION University of Toronto, St. Michael’s College, BA Queen’s University, Department of Economics, MA Queen’s University, Faculty of Law, JD
LAW PRACTICE Student, Associate, Partner – Lang, Michner Farquharson & Wright, Toronto Partner – Gowling & Henderson, Ottawa, Toronto Vice Chair – Ontario Energy Board Arbitrator – JAMS, Toronto, Washington
ACADEMIC
CURRENT Adjunct Professor – Osgoode Hall Law School, Competition Law, 3 years
PREVIOUS Adjunct Professor – Faculty of Law, Queen’s University, Competition Law, 10 years Visiting Professor – Laws and Economics, University of Toronto, Faculty of Law, 1 year Adjunct Professor – University of Toronto, Faculty of Law, Economic Regulation, 3 years
DIRECTORSHIPS
CURRENT Board Member – Sensory Technologies, Toronto, a provider of mobile medical communication software in three countries. Advisory Board – Mars CleanTech Practice, University of Toronto Board Member – Energy Bar Association, Washington DC Board Member – Chartered Institute of Arbitrators, Toronto, Chapter Board Member – Churchill Society for the Advancement of Parliamentary Democracy Board Member – St. Elizabeth Foundation, Toronto, a nationwide health service provider
PREVIOUS Board Member – SkyTel Communications, Montreal, air to ground telephone service provider, a subsidiary of Bell Canada Board Member – AltaLink Ontario, a subsidiary of Alberta’s, largest electricity transmission company Board Member – California Alliance for Advanced Transportaion Systems
ARBITRATIONS PANELS
Arbitration Panel, Ontario Independent Electricity System Operator, Toronto ICC Canadian Arbitration Panel, Ottawa JAMS Global Engineering and Construction Panel, Washington, DC London Court of International Arbitration, London Chartered Institute of Arbitrators Panel, London Institute of Energy Law, Arbitration Panel, Houston Canadian Transportation Agency, Arbitration Panel, Ottawa
RECOGNITIONS
National Leadership Award, Canadian Association of Public Utility Tribunals, 2006, 2008 Energy Lawyer of the Year, Canadian Energy Law Forum, 2011 Leading Canadian Arbitrator, Chambers Global, 2015, 2016, 2017
ARBITRATIONS AND REGULATORY DECISIONS
Mr. Kaiser has served as a sole Arbitrator, Chairman and Party Nominee in arbitrations on power purchase agreements, energy and infrastructure contracts, project finance and the construction of power plants and gas pipelines. He has also acted in disputes relating to telecommunications, technology, intellectual property, franchising and licensing. Recent arbitrations and mediations include: • Arbitration in Calgary under the Alberta Rules between an electricity generator and its customers regarding the price of electricity under a 20 year Power Purchase Agreement • Arbitration in Calgary under the Alberta Rules between a gas producer and an electricity generator regarding the price of gas under a 20 year Gas Supply contract • Arbitration in Calgary under the Alberta Rules between an electricity generator and its customers regarding the price of electricity under a 20 year Power Purchase Agreement
During his six years as Vice-Chair of the Ontario Energy Board, Mr. Kaiser wrote over 60 decisions relating to the rates for electricity transmission, gas distribution and nuclear power and approval of construction permits for electricity generation and transmission, gas pipelines and power plants. Mr. Kaiser also served as a Member of the Ontario Telephone Commission for three years writing a number of decisions dealing with rate applications, mergers and construction projects by Ontario telephone companies. A number of these decisions are referred below.
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SETTLEMENTS
Mr. Kaiser has mediated a number of settlements in the energy sector including: • Mediation in Toronto regarding the ownership interest in a technology company • Mediation in Toronto between a natural gas distributor and major customer groups to establish gas prices over a five year term • Mediation in Toronto between the supplier of an agricultural product and major customer groups to establish a formula to set prices over a five year term • Mediation in Toronto between an electricity transmitter and major customer groups to establish the price of electricity transmission over a two-year term • Mediation in Calgary regarding the damages to the use of defective materials in natural gas drilling and the intellectual property rights in a fracking compound
He is often retained as a Settlement Counsel by one party in a settlement negotiation. A number of these settlements are referenced below indicating the party Mr. Kaiser acted for. Mr. Kaiser has also acted as an Independent Monitor in compliance programs that form part of settlement agreements with Courts and Regulators.
REGULATORY STRATEGY
Mr. Kaiser has advised regulators, regulated utilities and major customers on regulatory and strategic policy issues. He has advised the Ontario Energy Board, the Alberta Utilities Commission and the Ontario Independent Electricity System Operator. Utilities he has advised include Toronto Hydro, Union Gas, AltaLink, Hydro One and EPCOR. Major customers he has advised include Goldcorp, IGPC Ethanol, Greater Toronto Airport Authority and the Port of Hamilton.
COUNSEL IN REGULATORY PROCEEDINGS
Gordon Kaiser has acted as Counsel in regulatory proceedings in seven provinces as well as before a number of Federal tribunals. He has appeared in the courts of Ontario, New Brunswick, Nova Scotia and Newfoundland as well as the Supreme Court of Canada and the Federal Court. He has acted for a wide variety of private parties as well as public authorities including the Commissioner of Competition, the Attorney General of Canada, the Ontario Energy Board, the Alberta Utilities Commission, the Ontario IESO and the Association of Municipals of Ontario.
Mr. Kaiser has appeared in regulatory proceedings before the Ontario Energy Board, The National Energy Board, The Restrictive Trade Practices Commission, The Canadian Radio-Television and Telecommunications Commission, The Board of Commissioners of Public Utilities (Province of Nova Scotia), The Board of Commissioners of Public Utilities (Province of New Brunswick), The Prince Edward Island Public Utilities Commission, The Alberta Public Utilities Commission, The Anti-Dumping Tribunal, The Canadian Import Tribunal, The Competition Tribunal and The Ontario Farm Products Marketing Commission.
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DECISIONS
CONSTRUCTION
PIPELINES
Panel Chair - Union Gas Ltd application to construct an 18 km steel natural gas pipeline in Western Ontario and a 17 km natural gas pipeline in the City of Hamilton. Decision: July 6, 2005
Panel Chair - Enbridge Gas Distribution Inc. dispute with the Toronto Energy Coalition regarding the construction of a $48 million 6.5 km pipeline to serve the Portlands Energy Center generating station in the City of Toronto. Decision: June 1, 2007
Panel Chair - Union Gas Limited application to construct a 6.5 km NPS 4 natural gas steel pipeline in Eastern Ontario to serve the proposed Johnstown Ethanol plant. Decision: October 9, 2007
Panel Chair - Enbridge Gas Distribution Inc. application to construct a 20 km high-pressure pipeline in the City of Barrie to support load growth in the Georgian Bay area. Decision: May 21, 2008
Panel Chair - Union Gas Limited application to construct a 4.5 km NPS 20 natural gas pipeline to serve the Halton Hills Generating Center to be constructed by TransCanada Energy Decision: June 16, 2008
Panel Chair - Natural Resource Gas Limited (NRG) dispute with Integrated Grain Processers Cooperative (IGPC) regarding the construction of a 28.5 km stainless steel natural gas pipeline by NRG to serve IGPC. Decision: December 11, 2008
TRANSMISSION LINES
Panel Chair - Superior Wind Prince Power Inc. application to construct a 230 kV transmission line to connect a 99 MW wind farm to the transmission system of Great Lakes Powers Ltd near Sault Ste. Marie Ontario. Decision: July 28, 2005
SOLAR FACILITIES
Sole Panel Member - City of Kitchener, application to construct and operate a 500 kW solar electricity generation facility. Decision: July 13, 2010
NATURAL GAS STORAGE FACILITIES
Panel Chair - Tribute Resources, application to construct natural gas storage facilities in Huron and Middlesex County. Decision: July 9, 2010
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CONTRACTS
POWER PURCHASE AGREEMENTS
Panel Chair - Dispute regarding the price escalation terms of a long term Power Purchase Agreement between an Alberta coal electricity generator and an Alberta electricity distributor (confidential arbitration under the Alberta Rules). Decision: May 16, 2011 (one panel member dissenting)
Panel Chair - Dispute regarding the price escalation term of a long term Power Purchase Agreement between an Alberta generator and an Alberta public utility (confidential arbitration under the Alberta Rules). Decision: July 18, 2016
GAS SUPPLY CONTRACTS
Sole Panel Member - Dispute between Union Gas and the Canadian Manufacturers Association regarding new transportation rates developed in response to the decline in gas supplies from Western Canada and the rapid growth of new gas supply from the Marcellus Shale region in Pennsylvania and New York. Decision: August 10, 2010
Panel Member - Dispute between an Alberta gas supplier and an Ontario electricity generator regarding the price escalation term in a long term gas supply contract (confidential arbitration under the Alberta Rules). Decision: January 16, 2012
NUCLEAR CONTRACTS
Panel Member - Dispute between Ontario Power Generation and the Independent Electricity System Operator regarding the interpretation of a reliability must-run contract between the two parties with respect to the Lennox coal fired generating station. Decision: March 13, 2006
Panel Chair - Dispute between Ontario Power Generation and the Association of Major Power Consumers regarding an increase in interim rates for electricity from nuclear facilities. Decision: February 7, 2008
FRANCHISE AGREEMENTS
Panel Chair - Dispute between Natural Resource Gas and Integrated Grain Processors Cooperative regarding the renewal term for a natural gas franchise. Decision: May 5, 2009 [Decision upheld by the Ontario Divisional Court, Natural Resources Gas Limited v. Ontario Energy Board (2012) ONSC 3520]
STATUTES AND REGULATIONS
Panel Chair - Dispute regarding the authority of a Regulator to restrict the level of dividends a regulated company pays to its parent company. Decision: April 12, 2006 [Decision upheld by the Ontario Court of Appeal, Toronto Hydro – Electric Systems Limited v. Ontario Energy Board (2010) 99 OR(3d) 481 (Ont CA)] 5
Panel Chair - Dispute between Union Gas and the Industrial Gas Users Association, the Association of Power Producers of Ontario and the Consumers Council of Canada regarding the deregulation of the prices for natural gas storage. Decision: November 7, 2006
Panel Chair - Dispute between the Independent Electricity System Operator and the Association of Major Power Consumers regarding an amendment to the Market Rules relating to the ramp rate assumption used in the market pricing algorithm within the IESO administered markets. Decision: April 10, 2007
Panel Chair - Low Income Energy Network dispute with Enbridge Gas Distribution, Union Gas, the Industrial Gas Users Association and the Consumers Council of Canada regarding the authority of Ontario electricity distributors to offer low income rates. Decision: April 26, 2007 (one panel member dissenting) [Dissenting Decision upheld by the Ontario Divisional Court, Advocacy Center for Tenants of Ontario v. Ontario Energy Board, (1980) 239 DLR (4th) 684]
Panel Chair - Enbridge Gas Distribution application to include electricity assets in rate base and provide those services as a regulated activity. Decision: December 22, 2009
Panel Chair - Claim by suppliers of smart meters that Toronto Hydro was engaging in anti- competitive activity contrary to the Electricity Act and the Distribution System Code by refusing to supply electricity to condominiums not using smart meters supplied by Toronto Hydro. Decision: January 27, 2010
SERVICE AGREEMENTS
Panel Chair - Canadian Cable Television Association dispute with the Electricity Distributors Association and the Canadian Electricity Association regarding the terms on which cable companies can access the poles of regulated electricity distributors. Decision: March 7, 2005
Panel Chair - Dispute regarding the rates to be charged by Hydro One Networks for the transmission of electricity throughout Ontario. Decision: February 21 2006
Panel Chair - Toronto Hydro, application regarding the rates to be charged by Toronto Hydro for the distribution of electricity in the City of Toronto. Decision: April 12, 2006
Panel Chair - Ontario Power Generation (OPG), dispute regarding the payments to be made to OPG for 3332 MW of electricity from six hydroelectric facilities and 6606 MW of electricity from three nuclear facilities representing 67 % of the electricity consumed in Ontario. Decision: February 7, 2008
Panel Chair - Enbridge Gas Distribution Inc., dispute with 20 different consumer interests regarding the rates for the distribution, transmission and storage of natural gas throughout Ontario. Decision: February11, 2008
Panel Chair - Union Gas Limited application to discontinue service to Natural Resource Gas Limited. Decision: November 27, 2008.
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SALE OF ASSETS
Panel Chair - Dispute between Union Gas Ltd and consumer groups regarding the sale of $13 million in surplus cushion gas and the allocation of all or part to customers. Decision: June 27, 2007
Sole Panel Member - Dispute between Union Gas Ltd and Westcoast Energy and the City of Kitchener, the Consumers Council of Canada and the Canadian Manufacturers and Exporters Association regarding the sale by Union of a controlling interest in Westcoast Energy. Decision: November 19, 2008
Panel Chair - Application by the Town of Essex to acquire all the outstanding shares of Elk Energy Inc. Decision: December 31, 2008 (one panel member dissenting).
Panel Chair - Union Gas Ltd application to sell an 11.7 km pipeline to Dawn Gateway LP, a limited partnership jointly owned by Spectra Energy Corp and DTE Pipeline Company. Decision: November 27, 2009
Panel Chair - Dispute between Toronto Hydro and consumer groups regarding the sale of street lighting assets. Decision: February 11, 2010
MERGERS AND ACQUISITIONS
Panel Chair - Joint Hearing, application by Greater Sudbury Hydro to acquire all the outstanding shares of West Nippissing Energy Services, application by PowerStream Inc. and Aurora Connections Inc. to acquire all the outstanding shares of Aurora Hydro Connections, application by Veridian Connections Inc. to acquire all the outstanding shares of Gravenhurst Hydro Electric Inc. and to merge with Gravenhurst. Decision: August 31, 2006
Panel Chair - Application by Niagara Falls Hydro Inc. and Peninsula West Utilities Limited to amalgamate. Decision: December 28, 2007
Panel Chair - Application by PowerStream Inc. and Barrie Hydro Distribution to amalgamate. Decision: December 15, 2008
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SETTLEMENTS
Ontario Energy Board, as Vice Chair issued 15 decisions approving Settlement Agreements between regulated gas and electricity utilities and their major customers.
Ontario Telephone Commission, as a part time Member issued 10 decisions approving Settlement Agreements between Ontario telephone companies and their major customers.
Alberta Utilities Commission, retained to write a Report and Chair a Consultation on the procedures for approving Settlement Agreements between the Alberta Market Surveillance Administrator and market participants relating to a breach of the Market Rules under the Alberta Electricity Act.
Ontario Power Generation and the Ontario IESO, retained by both parties to provide a Fairness Opinion regarding a Settlement Agreement reached between the IESO and Ontario Power Generation.
Ontario Farm Products Marketing Commission, retained by the Commission to mediate a dispute between Chicken Farmers of Ontario and the Association of Ontario Chicken Processors regarding a formula to set the price of chicken in Ontario over a five-year period.
Greater Toronto Airport Authority (GTAA), retained by the GTAA to negotiate a settlement with the Ontario Independent Electricity System Operator relating to a breach of the Market Rules under the Ontario Electricity Act.
Horizon Utilities, retained by the Ontario Energy Board to mediate a settlement between Horizon Utilities and its major customers with respect to a five year rate plan. Settlement Agreement reached and approved by the Ontario Energy Board.
Environmental Data Analytics Ltd., retained by MARS Discovery District, University of Toronto to mediate a Settlement Agreement between the two founding shareholders of a technology start- up. Settlement Agreement reached.
Independent Electricity System Operator of Ontario, retained by the IESO to negotiate a settlement between Resolute Canada and the IESO relating to a breach of the Market Rules under the Ontario Electricity Act. Settlement Agreement reached.
Chicken Farmers of Ontario and the Association of Chicken Processors, retained by both parties to administer a negotiation to establish a formula to set the price of chicken in Ontario over a five year period.
Union Gas Limited, retained by company to negotiate a settlement agreement with major customers regarding a five-year rate plan. Settlement Agreement reached and approved by the Ontario Energy Board.
Hydro One Networks, retained by the company to negotiate a settlement agreement with major customer groups regarding a two-year plan for rate increases. Settlement Agreement reached and approved by the Ontario Energy Board. 8
PowerStream Inc., retained by the company to negotiate a settlement with major customer groups regarding a five-year rate plan.
Attorney General of Canada, retained to negotiate a settlement under the criminal provisions of the Competition Act in R v. ReMax Inc., price maintenance, Settlement Agreement reached, and approved by the Federal Court of Canada.
Attorney General of Canada, retained to negotiate a settlement under the criminal provisions of the Competition Act in R v. John Deere Limited, price maintenance, Settlement Agreement reached, and approved by the Federal Court of Canada [1.9 million in restitution approved].
Attorney General of Canada, retained to negotiate a settlement under the criminal provisions of the Competition Act in R v. Global Online Ltd, pyramid selling, Settlement Agreement reached, and approved by the Federal Court of Canada.
Attorney General of Canada, retained to negotiate a settlement agreement in R v. Ajinomoto, international price agreement, Settlement Agreement reached, and approved by the Federal Court of Canada.
Commissioner of Competition, retained to negotiate a settlement regarding allegations of misleading advertising in R v. Para Paint, Settlement Agreement reached, and approved by the Competition Tribunal.
Canadian National Hotels Inc., retained by the company to negotiate a settlement with the Atty. Gen. of Canada regarding an allegation of bid rigging contrary to the Competition Act. Settlement Agreement reached, and approved by Supreme Court of Ontario.
RL Crane Limited, retained by the company to negotiate a settlement agreement with the Atty. Gen. of Canada regarding an allegation of bid rigging contrary to the Competition Act, Settlement Agreement reached, and approved by the Nova Scotia Supreme Court.
Canadian Real Estate Association, retained by the Association to negotiate a settlement agreement with the Atty. Gen. Canada with respect to an allegation of price maintenance contrary to the Competition Act, Settlement Agreement reached, and approved by the Federal Court of Canada.
Waterloo law Association, retained by the Association to negotiate a settlement agreement with the Attorney General of Canada relating allegations of an agreement to limit competition contrary to the Competition Act through the use of County Real Estate Fees Tariffs. Settlement Agreement reached with the Atty. Gen. of Canada and the Law Society of Upper Canada, Settlement Agreement approved by the Supreme Court of Ontario and the Law Society of Upper Canada.
Toronto Dominion Bank, retained by the bank to negotiate a settlement agreement with Visa and MasterCard regarding the private labelling of credit cards, Settlement Agreement reached and approved by the Commissioner of Competition.
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Composers, Authors & Publishers Association of Canada, retained by the Association to negotiate a merger agreement with the Performing Rights Organization of Canada, Agreement reached and approved by the Commissioner of Competition.
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PRESENTATIONS
ARBITRATIONS
“Renewable Energy Disputes” Third Annual Energy Dispute Conference, London, England, June 15, 2017
“Cross Border Energy Disputes” Energy Bar Association, Annual Conference, Washington, DC, October 5, 2016
“New Developments in Energy Arbitration” Energy Bar Association, New York, June 24, 2016
“Arbitration and Mediation in the Regulated Sector” ADR Institute of Ontario, Toronto, February 18, 2016
“Arbitration in a World of 50 Dollar Oil” Energy Regulation and Arbitration Conference, London England, May 6, 2015
“The Important Ethical Issues in International Arbitration” Chartered Institute of Arbitrators, Annual Symposium, Toronto, November 19, 2014
“Arbitration and Mediation in Class Actions and Regulatory Proceedings” ADR Institute of Canada, Annual Convention, Montréal, October 23, 2014
“Oil Trains: New Challenges for Regulators, Courts and Arbitrators” ICDR/AIRN Dispute Resolution in International Oil and Gas Business, Calgary, October 15, 2014
“The New World of Energy Arbitration” The Energy Bar Association, Annual Convention, Washington DC, April 9, 2014
“New Developments in Energy Arbitration” Canadian Corporate Counsel Association, Annual Convention, Calgary, April 8, 2014
“Counsel Misconduct in Arbitrations” Chartered Institute of Arbitrators, Symposium on Professionalism in International Arbitration, Toronto, Nov 18, 2013
“Class Actions in Arbitrations” Annual Conference, ADR Institute of Canada, Toronto, Oct 25, 2013
“Ethical Issues in Arbitration Today” Annual Conference, ADR Institute of Canada, Toronto, Oct 24, 2013
“New Developments in Energy Arbitration” Ninth Annual Electricity Regulation Invitational Forum (Northwind) Langdon Hall, Cambridge, Ontario, Jan 30, 31, Feb 1, 2013
“Expert Evidence in Energy Arbitration: The Case for Joint Evidence” The National Electricity Forum, Langdon Hall, Cambridge, Jan 30, 2013
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“International Energy Arbitration: The Expanding Public Policy Defense” Ontario Bar Association, Toronto, December 5, 2012
“Energy Arbitration and the Public Policy Defence” ADR Institute of Canada, Annual Conference, Halifax, October 25, 2012
SETTLEMENTS
“Energy Regulation: Hearings Settlements and Decisions” University of Toronto, Toronto, March 10, 2016
“Regulatory Advocacy: Hearings and Settlements” Osgoode Hall Law School, Toronto, March 7, 2016
“Arbitration and Mediation in the Regulated Sector” ADR Institute of Ontario, Toronto, February 18, 2016
“The Latest Developments in Rate Regulation: Advance Settlements” Langdon Hall Electricity Forum, Cambridge, January 28, 2015
“Regulatory Advocacy, Hearings and Settlements” Tenth Annual CAMPUT Energy Regulation Course, Queen’s University, Kingston Ontario, July 1, 2014
“Arbitration and Mediation in Class Actions and Regulatory Proceedings” ADR Institute of Canada, Annual Convention, Montréal, October 23, 2014
“Expert Evidence and Settlements – Is It Getting More Difficult?” Law Society of Upper Canada, Toronto, February 24, 2012
“Settlement and Enforcement Practices by Tribunals” Energy Law Forum, Salt Spring Island, B.C., May 18, 2011
“Alternative Dispute Resolution and Administrative Law” Fundamentals of Administrative Law and Practice, Toronto, April 24, 2009
“Alternative Dispute Resolution and Administrative Law” Canadian Institute, Toronto, April 28, 2008
“Regulatory ADR: The Past and the Future” Canadian Institute, Toronto, April 20, 2007
“Regulation and Community Opposition” 19th Annual Canadian Power Conference, Toronto, November 13, 2007
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REGULATION
“Advocacy before Energy Regulators” CAMPUT Energy Regulation Forum, Queen’s University, Kingston, June 22, 2017
“Regulatory Risk, What’s Trending” Canadian Electricity Association, Enterprise Risk Management Forum, Toronto, May 10, 2017
“Regulatory Advocacy: Hearings and Settlements” Osgoode Hall Law School, Toronto, March 7, 2016
“Energy Regulation: Past, Present and Future” Energy Law Forum, Montebello Quebec, May 18, 2016
“Advocacy before Energy Regulators” Canadian Gas Association, Ottawa, March 22, 2016
“Stranded Asset Costs and Customer Generation: The New Reality for Canadian Electricity Distributors” APPRO Annual Convention, Toronto, November 17, 2015
“Gaming Electricity Markets” Energy Bar Association, Second Annual Canadian Forum, Calgary, October 9, 2015
“The New Regulatory Landscape” Osgoode Hall Law School, Toronto, February 18, 2015
“Oil Trains: New Challenges for Regulators, Courts and Arbitrators” ICDR/AIRN Dispute Resolution in International Oil and Gas Business, Calgary, October 15, 2014
“Evolving Regulation in Ontario” Ontario Energy Association, National Conference, Toronto, October 7, 2014
“Incentive Rate Regulation, an Ontario Perspective” Insight Conference, Alberta Power Summit, Calgary, Alberta, Nov 13, 2013
“The New Regulatory Landscape” Keynote Address, The Future of Energy Regulation Conference, University of Calgary, Sept 26, 2013
“Regulatory Challenges and North American Gas Markets” Industrial Gas Users Association, Annual Conference, Québec City, May 22, 2013
“New Developments in Incentive Regulation” Insight Conference, BC Power Summit, Vancouver, BC, Mar 6, 2013
“The Changing Face of Energy Regulation” The Regulatory Reform Symposium, The School of Public Policy, Denver Colorado, March 21, 2013
“Advocacy Before Energy Regulators: The Ten Basic Rules” Ninth Annual Canadian Gas Energy Regulation Conference, Edmonton, March 4, 2013
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“Running an Efficient Hearing: Process and Legal Issues” CAMPUT Regulatory Forum, Montreal, February 13, 2012
“Advocacy before Regulatory Tribunals” CGA Regulation Conference, Calgary, Alberta, March 7, 2011
“Disclosure in Regulatory Proceedings” Canadian Council of Administrative Tribunals, Annual Conference, Ottawa, June 6, 2011
“New Developments in Public Utility Law” CAMPUT Energy Regulation course, Queen’s University, June 28, 2010
“Regulatory Advocacy and Decision Making” Insight Conference on Process Fairness, Ottawa, March 30, 2009
“Current Issues in Regulation” Fourteenth Annual Conference on Law and Contemporary Affairs, Toronto, Ontario, February 5, 1977
“Public Participation in Regulatory Tribunal Hearings” Canadian Bar Association, Windsor, Ontario, February 13, 1976
ENERGY LAW
“Deregulation of Local Generation and Storage: The Regulatory Challenges” CAMPUT Energy Regulation Forum, Queen’s University, Kingston, June 23, 2017
“Energy Market Transition- Where, When, How” Third Annual GAR Energy Disputes Conference, London, June 15, 2017
“Reducing Electricity Cost: Is Storage the Silver Bullet?” Energy Bar Association, Boston, June 1, 2017
“International Energy Policy: Emerging Issues” Energy Law Forum, Vancouver, May 11, 2017
“Can Local Generation Reduce Electricity Costs?: New Technology Meets the Regulator” Canadian Electricity Association, Vancouver, May 10, 2017
“Can Local Generation Reduce Ontario Electricity Costs?: The Case for a DERS Tariff” APPRO Annual Convention, Toronto, November 15, 2016
“Customer Specific Generation: Where is it Going?” Energy Bar Association, Third Annual Canadian Forum, Toronto, November 7, 2016
“Energy Law and Policy: New Ontario Initiatives” Ontario Energy Association, Annual Conference, Toronto, September 27, 2016
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“Expanding Natural Gas Service to Rural Markets” Association of Municipalities of Ontario, Annual Conference, Windsor, ON, August 15, 2016
“Stranded Assets: The New Reality for Canadian Public Utilities” Canadian Electricity Association, Calgary, October 8, 2015
“The “New World of Competition in Electricity Generation” Queen’s University, CAMPUT Energy Regulation Seminar, Kingston, June 23, 2015
“Energy Regulation and Natural Gas Expansion Programs” Energy Law Forum, Lake Louise, Alberta, May 14, 2015
“Ontario 2020: The New World of Private Power” APPRO Annual Convention, Toronto, November 18, 2014
“The Regulatory Challenge of Shale Gas and Green Energy” Industrial Gas Users Annual Conference, Quebec City, May 22, 2013
“New Challenges in International Energy Contracts” National Conference on International Contracting, Toronto, February 27, 2013
“Energy Sector Liability under the Anti-Corruption Laws of Canada, United States, and the UK” Calgary, March 5, 2012
“The Case for Community Energy Systems” The Industry Regulator Dialogue, Ottawa, February 24, 2011
“Carbon Policy: The Role of Regulators” National Association of Regulatory Utility Commissioners, Conference on the Utility of the Future, Dallas Texas, December 3, 2009
“Canadian Carbon Pricing” National Association of Regulatory Utility Commissioners, Seattle, Washington, July 19, 2009
“Regulating the Natural Gas Sector: De-regulation and Incentive Regulation” The Conference Board of Canada, Toronto, April 3, 2008
“Regulation and Community Opposition” 19th Annual Canadian Power Conference, Toronto, November 13, 2007
“Restructuring Power Markets in Ontario” Atlantic Canada Energy Summitt, Saint John, N.B., October 30, 2006
“The Challenge Facing Energy Regulators Today” World Forum on Energy Regulation, Washington DC, October 11, 2006
“Making Energy Markets Really Work” Annual Convention, Canadian Association of Public Utility Tribunals, Quebec City, May 3, 2005
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COMPETITION LAW
“Distribution and Pricing Strategies” Osgoode Hall Law School, Competition Law Graduate Program, Toronto, November 26, 2015
“Market Manipulation in Canadian and US Energy Markets” Energy Bar Association, North American Forum, Toronto, September 19, 2014
“Arbitration of Competition Law Class Actions” Osgoode Hall Law School, Toronto, Jan 11, 2013
“Gaming Energy Markets, Developments in the USA Canada and the UK” Seventh Annual Energy Law Forum, Toronto, May 9, 2013
“Can Competition Replace Regulation?” Energy Regulatory Forum, Calgary, Alberta, May 9, 2011
“Regulation and Competition Law: The New Boundary” Canadian Bar Association, Annual Fall Conference on Competition Law, Ottawa, October 4, 2008
“Remedies and Enforcement under the Competition Act” Osgoode Hall Law School, March 30, 2006
“International Price Agreements: A Comparison of Canadian and American Criminal and Civil Enforcement” Queen’s University, Faculty of Law, February 2, 2004
“Competition Law and the Professions” Wellington Law Association, Guelph, Ontario, October 11, 1988
“Competition Law for Sales Personnel” Pharmaceutical Manufacturers Association, Chantecler, Quebec, June 14, 1988
“The New North American Market: Will It Work With Conflicting Antitrust Law?” University of Tennessee, Knoxville, Tennessee, April 8, 1988
“Competition Law and Access to Information” Law for Corporate Counsel, Law Society of Upper Canada, Toronto February 25, 1988
“Unfair Competition: The Misuse of Confidential Information and Trade Secrets” Canadian Institute for Professional Development, Toronto, Ontario, February 17, 1987
“The New Competition Tribunal and Civil Proceedings Regarding Marketing Practices” Canadian Bar Association, Annual Conference, Montreal, May 14, 1987
“Agreements to Restrict Competition: Civil and Criminal Remedies” Conference on the New Competition Act, Law Society of Upper Canada, Toronto, Ontario, September 26, 1986
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“Co-operation among Competitors” Competition Law in Canada, Canadian Manufacturers Association, Toronto, Ontario, February 27, 1986
“Recent Developments in Canadian Competition Law” Commercial Crime Seminar, Law Society of Upper Canada, Toronto, Ontario, October 4, 1985
“Barriers to Distributing in Canada: The Competition Law” Computer Law Association, Toronto, Ontario, October 3, 1983
“Canadian Law Regarding Mergers and Acquisitions” American Management Association International, Toronto, September 12, 1979
“Regulation and Competition in Canadian Computer Communications” National Computer Conference, American Federation of Information Processing Societies, New York City, June 5, 1979
“Recent Developments in the Relationship between Industrial Property and Competition Law in Canada” International Bar Association, Sydney, Australia, September 13, 1978
“Competition Law and the Regulated Sector” National Conference on Competition Policy, Toronto, Ontario, May 12, 1977
“Unfair Competition: The Misuse of Confidential Information and Trade Secrets” Canadian Institute for Professional Development, Toronto, Ontario, February 17, 1987
“Restraints upon Competition Imposed by Foreign Governments” Canada-United States Law Institute, Workshop on Extraterritorial Application of the United States Anti-Trust Law and the Canadian Response, University of Western Ontario, London, Ontario, September 30, 1977.
TELECOMMUNICATION LAW
“Competition in the North American Telecommunication Industry: The Role of Anti-Trust Law” International Bar Association, London, England, September 15, 1987
“Strategies and Regulatory Issues Involved in the Privatization of Teleglobe Canada” International Symposium on Forecasting, Paris, France, June 17, 1986
“Viability of Teleports and International Gateways” Communication Networks Conference & Exposition, Washington, D.C., January 27, 1986
“Privatization: Objectives and Methods” Conference on New Industrial Policy Institute for Research on Public Policy, Toronto, Ontario, February 23, 1985
“Telecommunications Competition: Evolution in Canada” 5th International Conference, Futures Analysis, Forecasting and Planning for Telecommunications, Energy and Public Utilities, Vancouver, B.C. July 1-4, 1984
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“Developments in Canadian Telecommunications Regulation” National Science Foundation, Washington, D.C. April 30, 1984
“Cellular Radio in Canada” Cellular Radio and Personal Communications Conference, Washington, D.C., December 12, 1983
“Competition and Structural Change in Canadian Telecommunications” Institute of Public Utilities, Williamsburg, Virginia. December 14, 1982
“Competition in North American Telecommunications: Implications for Europe” International Symposium on Forecasting and Planning for Telecommunications, Paris, France, June 27, 1982
“Developments in Telecommunications: Review of the Responsible Regulation Report” National Conference on Regulatory Reform, Montreal, June 29, 1981
“Competition in Communications” Eighth Annual Telecommunications Policy Research Conference, Annapolis, Maryland, April 30, 1980
“Competition in North America Telecommunications: Implications for West Germany” Max Planck Institute, Bonn, West Germany, February 13, 1980
“Competition in Telecommunications: Refusal to Supply Facilities by Regulated Common Carriers” University of Ottawa, Faculty of Law, January 25, 1980
“Regulation of the Radio Common Carrier Industry: Federal or Provincial Regulation” Canadian Radio Common Carriers Association Annual Convention, Winnipeg, Manitoba, October 24, 1979.
“Regulation and Competition in Canadian Computer Communications” The National Computer Conference, American Federation of Information Processing Societies, New York City, June 5, 1979
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PUBLICATIONS
BOOKS AND REPORTS
Gordon Kaiser, The Guide to Regulating Energy Market Manipulation (Forthcoming 2018), Law Business Research, London
J.William Rowley, Doak Bishop and Gordon Kaiser, The Guide to Energy Arbitration (Law Business Research (London, 2015)
Gordon Kaiser, Corporate Crime and Civil Liability (Lexis Nexis, 2013)
Gordon Kaiser and Bob Heggie, Energy Law and Policy (Carswell, 2011)
Gordon Kaiser, Report on Settlement Agreements between the Alberta Utilities Commission and the Market Surveillance Panel, Alberta Utilities Commission (2011)
Gordon Kaiser, “Competition Law in Canada” (Juris 1988)
Denis Magnusson and Gordon Kaiser, Working Paper on Trademark Law Revision (Canada, Department of Consumer and Corporate Affairs, 1974)
ARTICLES AND CHAPTERS
“NAFTA: Past Present and Future” in Barton Legum (ed), Investment Treaty Arbitration Review, Law Business Research (2017)
“Arbitrations Involving Renewable Energy” in J. William Rowley (ed), The Guide to Energy Arbitrations (Second Edition) Law Business Research (2017)
“Windstream Energy: NAFTA Arbitrators Order Canada to Pay $25 Million” Energy Regulation Quarterly, March 2017, Vol. 5, Issue 1
“2016: The Canadian Energy Year in Review” Energy Regulation Quarterly, 2017, Vol. 5, Issue 1
“NAFTA: The Last Tango in Toronto?” The Ontario Arbitrator, Spring 2017
“2015: The Canadian Energy Year in Review” Energy Regulation Quarterly, 2016, Vol. 1
“Energy Market Manipulation in Alberta: TransAlta Pays $ 56 Million” Energy Regulation Quarterly, 2016, Volume 1
“Corruption and International Energy Arbitration” in Jim Gaitis (ed) The Leading Practioners Guide to International Oil and Gas Industry Arbitration (Juris Publishing, 2015)
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“Energy Arbitrations Involving Regulated Utilities” in J.W. Rowley (ed) The Guide to Energy Arbitrations, Law Business Research (2015)
“The Southern California Gas Decision: The First Distributed Energy Resource Service Tariff” Energy Regulation Quarterly, 2015, Vol. 3, Issue 4
“Arbitration Involving Regulated Utilities” Energy Regulation Quarterly, 2015, Vol. 3, Issue 4
“2014: The Canadian Energy Year in Review” Energy Regulation Quarterly, 2015, Vol. 1
“The Prudence Doctrine Goes to the Supreme Court of Canada” Energy Regulation Quarterly 2014, Vol. 1 at 205
“Trillium Wind: Can Developers Sue When Government Wind Projects Are Cancelled?” Energy Regulation Quarterly, 2014, Vol. 2 at 75
“The TransCanada Mainline Decision: Toward Hybrid Regulation” Energy Regulation Quarterly 2013, Vol. 1 at 59
“Corruption in the International Energy Sector: Criminal Fines, Civil Judgments and Lost Arbitrations” Energy Law Journal (Spring 2013)
“Fast Tracking Pipeline Construction” Energy and Mining (February 2012)
“New Developments in Public Utility Law” in Energy Law and Policy, Kaiser and Heggie (ed.) 2011
“The Canadian Competition Act” Swiss Review of International Competition Law, February, 1987
“Developments in Canadian Telecommunication Regulation” in M.S. Snow (ed.) Marketplace for Telecommunications, Longmans Inc., 1986
“Competition Law” Ottawa Law Review, 1986 vol. 18 at 401
“Competition in North American Telecommunications: Implications for West Germany” in E.J. Mestmacker, (ed) Kommunikation Ohne Monopole Uber Legitimation Und Grenzen des Fermoldemonopls, Max Planck Institute, 1980
“Competition in Telecommunications: Refusals to Supply Facilities by Regulated Common Carriers” University of Ottawa Law Journal, Fall 1980
“Industrial Property and Competition Law: Recent Canadian Developments” International Business Lawyer, 1979
“The Regulated Sector and Competition Law” in Canadian Competition Policy: Essays in Law and Economics, J.R.S. Prichard, T.A. Wilson, editors, University of Toronto Press (1978)
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“Federal Competition Law and the Professions: Problems of Jurisdiction” in M.J. Trebilcock and P. Slayton (editors), Professions and Public Policy, University of Toronto Press (1978)
“Reviewable Marketing Practices: The New Jurisdiction of the Restrictive Trade Practices Commission” (1977), 31, Canadian Patent Reporter (2d). 12
“Barriers to Interprovincial Trade” with M.J. Trebilcock and J.R.S. Prichard in Intergovernmental Relations: Issues and Alternatives, Ontario Economic Council (1977)
“Conflict of Laws and the Extraterritorial Effect of Commercial Regulation” Queen’s Law Journal, April 1972
“Constitutional Aspects of the Regulation of Canadian Computer Technology” Queen’s Law Journal, March 1971
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