David
Stevens
Partner
David is an experienced and practical litigator, with particular expertise in energy regulation. He is comfortable working within complex regulatory environments to find and optimize achievable outcomes.
David is a partner in the firm's Litigation & Dispute Resolution Group and Co-Leader of the Energy Group. He is also a member of the firm's Executive Committee.
David practises in the area of regulatory and commercial litigation, and has deep knowledge about energy regulation in Ontario. For more than 25 years, David has advised gas and electric utilities, and other participants in Ontario’s electricity market, on a wide range of regulatory and commercial issues, and regularly appears before the Ontario Energy Board (OEB). Among other things, he assists clients with ratemaking applications, policy consultations, compliance issues, licencing, Measurement Canada issues and regulatory strategy. David often works with energy services providers to ensure that their business practices and documentation are compliant with relevant legal requirements, including those imposed by the OEB and by other government agencies (such as Consumer Services and Measurement Canada).
David is a frequent writer on energy regulation issues. He has written more than 200 articles for , and has often had items published in industry publications such as Energy Regulation Quarterly.
As a commercial litigator, David has been involved with a wide range of matters, including contractual disputes, fiduciary duty cases, competition matters, construction disputes, class proceedings, lease disputes, injunctions and professional negligence matters. He also has expertise in matters relating to Ontario’s Consumer Protection Act, and the obligations imposed by that statute.
David has appeared before the OEB and all levels of Ontario courts, including the Superior Court, Divisional Court and Court of Appeal, as well as before the Supreme Court of Canada, the Federal Court Trial Division, the Competition Tribunal, the Ontario Securities Commission and the Commissioner of Mining and Lands (Ontario).
Professional Involvement
Professional Activities
- Adjudicative Modernization Committee member, Ontario Energy Board
Memberships
- The Advocates' Society
"Ontario Regulatory Updates," Southwestern Ontario Regulatory Roundtable, 2021, 2023, 2024 and 2025.
"Recent Developments in Energy Regulation," OBA Natural Resources & Energy Law Program, December 4, 2019.
"Service Agreements: Are You Allocating Correctly?" Electricity Distributors Association Affiliate Forum, November 7, 2019.
"New Approaches to Rate-Basing," Electricity Distributors Association Power to Connect Forum, November 29, 2018.
"Careers Breakfast," CAMPUT 2018, May 10, 2018.
"The Future of Energy Storage in Ontario," Ontario Energy Association Speaker Series, November 28, 2017.
"A Primer on Local Distribution Companies for Municipal Professionals," AMCTO Conference, June 13, 2017.
"Regulatory Update: Introduction to Bill 135 & Environmental Policies Impacting Building Construction and Operations," Energy Management: What’s New and What’s Next Thought Leadership Conference, October 26, 2016 and November 2, 2016.
Co-Author, Halsbury's Laws of Canada - Weights and Measures, 2024 Reissue, July 2024, published by LexisNexis Canada.
Co-Author, Halsbury's Laws of Canada - Weights and Measures, September 2019, published by LexisNexis Canada.
Contributing author with Fred D. Cass, Ron W. Clark and Scott Stoll, Ontario Energy Law: Electricity, December 2012, published by LexisNexis Canada.
Author, "Ministry of Energy and Mines Seeks Comments on Review of Ontario’s Electricity Distribution Sector," Aird & Berlis LLP, Energy Insider, November 3, 2025.
Author, "Ontario to Develop New Rules for Connection of Large Data Centres," Aird & Berlis LLP, Energy Insider, September 9, 2025.
Co-Author, "OEB Releases Final Report to Reduce EV Charging Rates," Aird & Berlis LLP, Energy Insider, April 14, 2025.
Co-Author, "Proposed Amendments to the British Columbia Business Practices and Consumer Protection Act," Aird & Berlis LLP, March 6, 2025.
Co-Author, "Ontario Revises Proposal to Reduce EV Charging Rates With Charger Discount," Aird & Berlis LLP, Energy Insider, January 13, 2025.
Co-Author, "Ontario Seeks Input on Proposed Regulation for New Consumer Protection Act," Aird & Berlis LLP, Financial Services Flash, January 6, 2025.
Author, "Highlights From the Ontario Minister of Energy’s 2025 Letter of Direction to the OEB," Aird & Berlis LLP, Energy Insider, January 2, 2025.
Co-Author, "Ontario Energy Board Announces Phased Approach to Implementing Capacity Information Maps," Aird & Berlis LLP, Energy Insider, October 29, 2024.
Author, "Ontario Introduces Legislative Changes to Support Its Affordable Energy Future Plan," Aird & Berlis LLP, Energy Insider, October 28, 2024.
Author, "Ontario Announces Changes to Reduce Electricity Infrastructure Costs for New Housing Developments," Aird & Berlis LLP, Energy Insider, October 22, 2024.
Co-Author, "Court of Appeal Orders New Hearing in First Charter Challenge to Ontario’s Climate Policy," Aird & Berlis LLP, Energy Insider, October 21, 2024.
Co-Author, "Ontario Announces New Tilbury Battery Storage Project," Aird & Berlis LLP, Energy Insider, October 16, 2024.
Co-Author, "Canada Energy Regulator to Review Rules of Practice and Procedure," Aird & Berlis LLP, Energy Insider, October 8, 2024.
Author, "OEB to Review Incremental Capital Module Policy," Aird & Berlis LLP, Energy Insider, September 30, 2024.
Co-Author, "Ontario Launches Record-Breaking Procurement Spree to Meet Growing Energy Demands," Aird & Berlis LLP, Energy Insider, September 6, 2024.
Co-Author, "OEB Provides Guidance on Consolidations With Release of Updated 2024 MAADs Handbook," Aird & Berlis LLP, Energy Insider, July 24, 2024.
Co-Author, "Enhancing Ontario’s Electricity Future: Insights and Recommendations From the Standing Committee on Public Accounts," Aird & Berlis LLP, Energy Insider, July 4, 2024.
Co-Author, "Ontario to Reduce EV Charging Rates With Charger Discount," Aird & Berlis LLP, Energy Insider, July 3, 2024.
Author, "Ontario to Offer New Lower EV Charging Rates to Charging Station Owners," Aird & Berlis LLP, Energy Insider, May 9, 2024.
Author, "IESO Releases 2024 Annual Planning Outlook," Aird & Berlis LLP, Energy Insider, March 20, 2024.
Author, "OEB Seeks Input on Review of Electricity Distributor Merger Process," Aird & Berlis LLP, Energy Insider, February 14, 2024.
Co-Author, "Ontario Government Introduces New Consumer Protection Act," Aird & Berlis LLP, Financial Services Flash, October 24, 2023.
"The Battles Over Net Energy Metering," Energy Regulation Quarterly, July 2021.
"Toronto Hydro Rate Decision Punts the Regulatory Treatment of Storage to the OEB DERs Consultation," Energy Regulation Quarterly, April 2020.
"Ontario Government Takes Steps to Reform the Ontario Energy Board," Energy Regulation Quarterly, October 2019.
“OEB Takes Steps Towards Implementing “Activity and Program Based Benchmarking,” Energy Regulation Quarterly, July 2019.
"The Colour of Money," Water Canada, September/October 2018.
"What's Next for the Ontario Energy Board?" Energy Regulation Quarterly, March 2018.
"OEB Issues Its Largest Rate Case Decision Ever," IPPSO FACTO (APPrO magazine), February 2018.
"Compressed Air Energy Storage Regulation Proposed,” IPPSO FACTO (APPrO magazine), December 2017.
"Third GHG Auction Sells Out," IPPSO FACTO (APPrO magazine), October 2017.
"Ontario's "Fair Hydro Plan" Comes at a (Future) Cost," Energy Regulation Quarterly, September 2017.
"Light Shed on When Electricity Distributors Can Share Customer Data With Police," The Lawyer's Daily, September 27, 2017.
"British Columbia Regulator has No Jurisdiction to Set Low Income Rates, Energy Regulation Quarterly, March 2017.
"Pole Attachment Charges – Ontario Energy Board Initiates a Comprehensive Review," Energy Regulation Quarterly, March 2016.
"Custom IR Rate Model Approved for Toronto Hydro," IPPSO FACTO (APPrO magazine), February 2016.
"Ontario Introduces Energy Planning Legislation," IPPSO FACTO (APPrO magazine), December 2015.