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David J. McFadden, QC
Counsel

Speaks: English, French

Year of Call: 1972 - Ontario

Primary Office: Toronto

David J. McFadden, QC

David McFadden is counsel in Gowling WLG's Toronto office. He formerly served as a member of both the firm's Board of Trustees and Executive Committee. David has extensive experience, whether it be for clients investing or operating in Canada, Canadian clients investing or operating internationally or international clients investing abroad, particularly in the energy, infrastructure, financial services and technology industries.

David acts for corporations, municipalities and utilities involved in the generation, distribution, marketing, transmission and financing of energy. He also acts for clients involved in infrastructure development, management and renewal. He has acted as counsel in a variety of infrastructure projects including toll highways and tunnels, light rail systems and health care facilities.

David serves in leadership roles in the Canadian energy industry. He is currently the chair of the board of directors of the Ontario Energy Association and a member of the board of directors of the Energy Council of Canada.  He is a member of the Smart Grid Forum of the Independent Electricity System Operator and serves on the advisory board of the MaRS Advanced Energy Centre and on the Council for Clean & Reliable Electricity.

David is active in the business corporation sector. He currently serves as chair of the board of directors of 407 International Inc. and is chair of the Canadian and international infrastructure advisory boards of Fengate Capital Management Ltd. David is also chair of the board of directors of Collus PowerStream Inc. and PCI Geomatics Inc.

Over the years, David has advised governments on energy matters both in Canada and internationally. He served as co-chair of the Electricity Transition Committee of the Ontario Government (1998-2002), a member of the Electric System Working Group of the Joint Canada-U.S. Task Force established to investigate the power blackout that hit Ontario and much of the northeastern United States (2003-2004), a member of the Ontario Government's Electricity Conservation and Supply Task Force (2003-2004), co-leader of an investigation established by the Government of Jamaica to review the reliability of island's transmission system (2006), a member of the Ontario Government's Electricity Distribution Sector review panel (2012), and Chair of the Independent Review Committee appointed by Toronto Hydro to review its response to a major ice storm event in December 2013 (2014).


December2015

Lexpert's Leading Lawyers in Energy 2015

November2015

Chambers Canada 2016

Featured insights & resources

Career & Recognition

2015

December 2015

Lexpert's Leading Lawyers in Energy 2015

2015

November 2015

Chambers Canada 2016

2015

October 2015

Lexpert’s Leading Canadian Lawyers in Global Mining , 2015-2016

2015

September 2015

Lexpert/ROB Special Edition on Infrastructure: Canada's Leading Infrastructure Lawyers

2015

September 2015

The Best Lawyers in Canada 2016

2015

July 2015

Canadian Legal Lexpert Directory 2015

2015

April 2015

Chambers Global 2015

2014

November 2014

Lexpert 's Leading Lawyers in Energy 2014

2014

October 2014

Lexpert ’s Guide to Canada’s Leading Infrastructure Lawyers 2014

2014

September 2014

The Best Lawyers in Canada 2015

2014

July 2014

Canadian Legal Lexpert Directory 2014

2014

April 2014

Lexpert's Leading Canadian Lawyers in Global Mining

2013

December 2013

Lexpert ’s guide to Canada’s Leading Energy Lawyers

2013

October 2013

Lexpert — Canada’s Leading Infrastructure Lawyers 2013

2013

2013

Leader of the Year, Ontario Energy Association

2012

April 2012

Chambers Global 2012

2012

2012

LLD, York University

2011

March 2011

PLC Which Lawyer? 2011

2011

February 2011

Canadian Legal Lexpert Directory , 2011

2010

February 2010

Canadian Legal Lexpert Directory , 2010

2010

February 2010

Expert Guides, 2010

2010

February 2010

PLC Which Lawyer? Yearbook , 2010

1983

1983

Queen's Counsel

1972

1972

Year of Call, Ontario

University of Toronto, BA

Osgoode Hall Law School, LLB

David McFadden
Profile highlights

#
David McFadden

David McFadden is counsel in Gowling WLG's Toronto office. He formerly served as...

David McFadden
Profile highlights

#
David McFadden

David McFadden is counsel in Gowling WLG's Toronto office. He formerly served as...

Insights & Resources

EXTERNAL PUBLICATIONS &
PAST SPEAKING ENGAGEMENTS

  • Author, Regional Developments in Canada, International Energy Law Review, March 2013
  • Author, Reforming Ontario’s Electricity Distribution Sector, CCRE Commentary, February 2013
  • Author, Ontario Distribution Sector Review Panel Report Released, International Energy Law Journal, February 2013
  • Senior Editor, The Electricity Industry in Canada, a comprehensive two volume legal review, Carswell, May 2009

Speaking Engagements

Client Work

NextEra Energy in joint venture with Enbridge and Borealis to bid for opportunity to develop new power transmission in Northern Ontario

Client Work September 24, 2012

POWER INDUSTRY EXPERIENCE

David has played a key role in a number of initiatives relating to the power industry. He served as Chair of the Stakeholders Alliance for Electricity Competition and Customer Choice, a broad coalition of business and energy-related organizations including the Association of Major Power Consumers, Association of Exporters and Manufacturers, the Canadian Federation of Independent Business, the Electricity Distributors Association of Ontario, the Ontario Energy Association and the Association of Power Producers of Ontario.

From 1998-2002, he served as Co-Chair of the Electricity Transition Committee appointed by the Ontario Minister of Energy to advise the government on the implementation of the Energy Competition Act.

David was appointed by the Government of Canada to serve as a member of the Electric System Working Group, which was part of the Joint Canada-U.S. Task Force established to investigate the power blackout that hit Ontario and much of the northeastern United States in August 2003. The final report of the Task Force, issued in April 2004, set out a blueprint to enhance the reliability of the North American electricity grid. The Energy Policy Act, passed by the United States Congress and signed into law by President Bush, enacted many of the recommendations of the Task Force.

In June 2003, David was appointed to the Ontario Government’s Electricity Conservation and Supply Task Force. The Task Force, which issued its final report in January 2004, provided a comprehensive strategy to meet the future energy demands of the province which has formed the basis of the Ontario current energy policy.

David was appointed by the Government of Jamaica to co-lead an investigation into the July 15th, 2006 blackout which cut off electricity supply to the entire Island. The report on the investigation submitted in December 2006 provides a blueprint for the enhancement of the reliability of Jamaica’s power system.

David is a member of the Smart Grid Forum of the Independent Electricity System Operator. The Forum, comprised of senior executives in the electricity sector, investigated the issues and opportunities arising from the development of a smart grid in Ontario and issued its report on the implementation of a smart grid in February 2009. The recommendations of the Forum have been adopted by the Ontario Government and embodied in the Green Energy Act introduced in the Legislative in late February.

In April 2012, David was appointed by the Minister of Energy to serve on the Ontario Distribution Sector Review Panel, which has been mandated to review Ontario’s Electricity Distribution Sector and to make recommendations to improve the efficiency of the sector. The Panel’s report, issued in December 2012, recommended the restructuring of the Distribution Sector to meet consumer cost, financial and technological challenges over the next 10 years.

In 2014, David served as Chair of the Independent Review Panel appointed by Toronto Hydro to review its response to the major ice storm in late December 2013 which saw over one million Torontonians without power. The Panel report made a number of recommendations to improve the resiliency of Toronto’s electricity system and to assist consumers in future blackouts.

David is currently Co-Chair of the Board of Directors of Collus Powerstream Corp. and is a member of the Board of the Energy Council of Canada and the Ontario Energy Association. He also serves on the Council for Clean & Reliable Electricity and the Advisory Council of the Waterloo Institute of Sustainable Energy.

David was named the Leader of the Year by the Ontario Energy Association in September 2013.

INFRASTRUCTURE SECTOR EXPERIENCE

David has been involved in the development and/or management of a number of infrastructure organizations and projects.

He serves as the Chair of the Board of Directors of 407 International Inc. which operates and manages highway 407, the world's leading electronic toll highway. Previously, he served for six years as Chair of the Board of Directors of the Detroit-Canada Tunnel Corporation.

David is also Vice Chair of the Board of Directors of Macquarie Canadian Infrastructure Management Limited, which, through its infrastructure funds, has invested in road, power and water entities in both Canada and the United States.

David serves as Chair of the Advisory Boards of LPF Infrastructure Fund, OE Infrastructure Fund, TCPP Infrastructure Fund and Fengate Greenfield Infrastructure Fund, which have invested in hospitals, court houses, detention facilities and power generation.

David has served as a member of the board of directors of the Canadian Council for Public-Private Partnerships since 2001 and chairs the Council's Communications Committee.

David has been an active advocate on enhancing Canadian infrastructure for many years. As Chair of the Board of Directors of the Toronto Board of Trade 1999-2000, he took a leading role in the Board's advocacy program on the need for infrastructure renewal and development in the Greater Toronto Area and was instrumental in creating the Board's Infrastructure Task Force.

David was appointed by Toronto City Council to the Board of Toronto Economic Development Corporation in 2002 and served as a director and a member of the Executive Committee of TEDCO until 2008.

David served as a member of the Strategic Advisory Committee of Metrolinx, the Ontario Government's agency responsible for implementing the $50 billion urban transportation plan for the Greater Toronto Area.

INTERNATIONAL EXPERIENCE

David served as the founding President of the Canada-US Business Association from 1988 to 1993.  With the implementation of the Canada-US Free Trade Agreement, he was appointed by the Government of Canada in 1989 to serve as a Canadian representative in the dispute settlement process established under the Agreement and was re-appointed to that role in 1992.

David was Chair of the International Trade Committee of the Toronto Board of Trade from 1993-1996 and was responsible for the Toronto Board’s assumption of the World’s Trade Centre franchise in Toronto.

David has served on the Boards of Directors of corporations originating from a number of countries including the United States, Britain, Italy, Germany, Russia and China.

RESEARCH AND DEVELOPMENT BACKGROUND

David became Chairman of the Board of Directors of the Ontario Centres of Excellence Inc. (“OCE Inc.”) in 2004 when OCE Inc. has assumed the management and operation of Ontario’s Centres of Excellence. Prior to becoming chair of OCE Inc., David was chair of the Ontario Government’s Advisory Committee on the Centres of Excellence from 2000 to 2004. Under David's leadership, OCE Inc. launched the new Centre of Excellence for Energy in 2005.

David served as a member of the Ontario Research and Innovation Council from 2006 to 2008. As mandated by the Premier, the Council developed and submitted a long-term innovation strategy for the Province of Ontario.

David is the Chair of the Board of Directors of PCI Geomatics Inc., Canada's leading geomatics developer and provider.

David has served as a member of the Board of Governors of York University since February 2013.

David McFadden
Profile highlights

#
David McFadden

David McFadden is counsel in Gowling WLG's Toronto office. He formerly served as...

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