Scott’s education and experience in both the technical and legal aspects of energy and environmental law make him a unique expert in the field. Having worked first as a project engineer and more recently as a lawyer, his clients trust him to understand their needs and solve their problems. Scott establishes a level of comfort with his clients that allows him to be an advisor and a negotiator who identifies and effectively manages risks and opportunities.
Scott is a partner and member of the firm's Litigation, Energy, Environmental, Mining, First Nations, Infrastructure and Expropriation Groups.
Scott often deals with both private and public sector clients who own or develop significant infrastructure or operate in regulated industries, including utilities, mining and manufacturing. He regularly appears at the Ontario Energy Board, the New Brunswick Energy & Utilities Board and the Ontario Land Tribunal (formerly the Environmental Review Tribunal) on a variety of issues, including rates, licenses and facility applications, expropriation, IESO-administered markets and regulatory compliance. Scott advises proponents responding to government procurement and regularly works with government ministries and agencies to assist clients in developing projects and ensuring innovative approaches comply with regulatory requirements.
Environmental issues, such as carbon trading, are changing the drivers of business like never before. Scott regularly advises clients on various environmental matters, including greenhouse gases, recycling and waste, environmental assessments, environmental compliance approvals, contaminated land remediation and transactions, compliance, prosecutions and other litigation matters. Whether it is a mall owner with a gas station or responding to a Ministry investigation, he assists clients in developing and implementing an effective strategy to maximize the opportunity and minimize risk. Scott was part of the Ministry of the Environment - Walkerton Support Team during Phase 2 of the Walkerton Inquiry. While at the Ministry of the Environment, he provided advice to the Environmental Assessment and Approvals Branch and helped lead the standardization of terms and conditions in certificates of approval.
Infrastructure development must not only comply with the technical regulatory framework but must also ensure that adequate consultation with impacted indigenous communities has occurred. Scott regularly advises on consultation matters and in negotiating agreements and partnerships with indigenous communities.
Professional Involvement
Professional Activities
- Co-author with Fred D. Cass and Ron W. Clark, Ontario Energy Law: Electricity, December 2012, published by LexisNexis Canada
Memberships
- Association of Power Producers of Ontario
- Ontario Energy Association
- Ontario Energy Network
- Ontario Expropriation Association
- Ontario Society of Professional Engineers
- Ontario Waterpower Association, Board and Executive Member
- Professional Engineers Ontario
“Operations and Maintenance: Transitioning from Preventative to Predictive Maintenance," OWA Power of Water Canada Conference and Trade Show, May 26, 2021.
"Bending the Cost Curve for Hydroelectric Projects," Power of Water Canada Conference, October 18, 2016.
"A Primer on LDCs for Municipal Professionals," Aird & Berlis LLP Municipal Webinar, October 6, 2016.
“First Nations Consultations," 2016 OGRA/ROMA Combined Conference, February 23, 2016.
"Ontario Solar FIT Program: Opportunities & Challenges for Farmers," Ontario Solar Network Seminar, June 22, 2010.
"Connectivity to the Grid," Educational Program Innovation Center, December 2009.
"Developing Infrastructure Projects: Identifying the Need and Understanding the Details," Lexpert Developing Infrastructure Projects Program, November 17, 2009.
"Understanding the New Endangered Species Act Framework Agreements,” OWA Ninth Annual Power of Water Conference, October 15 – 16, 2009.
"The Class EA is a Survivable Event," AMCTO Infrastructure Funding for Municipal Projects Seminar, June 3, 2009.
"Regulation of Brownfields: Issues for Municipalities," Ontario Small Urban Municipalities, May 2008.
"Energy and the Law," The 14th Queen's Annual Business Law Symposium, October 19, 2007.
"Managing Public Consultation: How to Avoid Project Roadblocks and Facilitate Timely Development," Best Practices in Planning & Managing Major Projects, May 15-16, 2007.
"Effectively Connecting Renewable Energy to the Grid," Commercial Renewable Energy Forum: Developing Ontario's Green Energy Portfolio, April 18, 2007.
"Northstar Canada: Directors Challenge Ontario Ministry of the Environment Expanded Personal "No-fault" Liability," Corporate Financing, December 2013.
"The OPA Releases Draft Renewable Energy Feed-In Tariff ('FIT') Program Rules," Aird & Berlis LLP Energy Bulletin, March 2009.
"Using Legal Counsel Effectively for OEB Proceedings," The Distributor, November 2008.
"Renewable SOP Changes Catch Generators Off Guard," Energy Analects, June 30, 2008.
Co-author, "OPA Announces New Clean Energy Project Initiatives," Energy Analects, July 3, 2007.
"Individual Suite Metering," Condo Business, June 2007.
"Recent Consultation Events May Benefit Developers," Energy Analects, March 26, 2007.
"Trouble Ahead for Cost of Capital, Incentive Ideas?" (with Ron Clark) Energy Analects, September 25, 2006.
"Obstructing Justice? The Duty to Provide Information When Reporting A Spill Under The Environmental Protection Act," Aird & Berlis LLP Energy and Environmental Law Bulletin, December 2005.
"Don't Count Your Megawatts Before You Generate," Energy Analects, June 2005.