Settlements

As Vice Chair of the Ontario Energy Board Mr Kaiser issued 15 decisions approving Settlement Agreements between regulated gas and electricity utilities and their major customers. As a Member of the Ontario Telephone Commission he issued a number of decisions approving Settlement Agreements between Ontario telephone companies and their major customers. 

As counsel to The Commissioner of Competition or the Attorney General of Canada he negotiated a number of settlement agreements with defendants in civil and criminal proceedings under the Competition Act which were approved by either the Federal Court of Canada or the Competition Tribunal. As an arbitrator he has also negotiated settlements in a number of energy disputes. The details of the various settlement agreements are set out below. 

• Waterfront Toronto Corporation, retained by the Corporation to settle a dispute with Enbridge Inc regarding a $70 million charge for a proposed pipeline on the Toronto waterfront .A settlement agreement was not reached but Enbridge agreed to withdraw the application which was agreed to by the regulator, the Ontario Energy Board.

• 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 set the price of chicken in Ontario over a five-year period. 

• Horizon Utilities, retained by the OEB 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 mediate settlement between a market participant and the IESO relating to a breach of the Market Rules under the Ontario Electricity Act. Settlement Agreement reached. 

• Greater Toronto Airport Authority (GTAA), retained by the Authority to mediate a dispute with the Ontario Independent Electricity System Operator relating to a breach of the Market Rules under the Ontario Electricity Act. The matter is ongoing. 

• Independent Electricity System Operator, retained by both parties to provide a Fairness Opinion regarding a Settlement Agreement reached between the IESO and Ontario Power Generation. Opinion accepted by the Auditor General. 

• 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. 

• 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 mediate and settle alleged contraventions of criminal provisions of the Competition Act in the following cases: 

  • R v. John Deere Limited, price maintenance, Settlement Agreement reached, Consent Order approved by the Federal Court of Canada [1.9 million in restitution approved]. 
  • R v. Global Online Ltd, pyramid selling, Settlement Agreement reached, Consent Order approved by the Federal Court of Canada. 
  • R v. Ajinomoto, international price agreement, Settlement Agreement reached, Consent Order approved by the Federal Court of Canada.
  • R v. Para Paint, retained by the Commission of Competition to negotiate a settlement regarding allegations of misleading advertising, Settlement Agreement reached, Consent Order 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, Consent Order 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, Consent Order 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 price maintenance contrary to the Competition Act, Settlement Agreement reached, Consent Order 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 to an allegation 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.