Patrick Duffy

Patrick G. Duffy Partner

Representative Work
  • The Clerk of the City of Toronto in connection with provincial legislation to reduce the size of Toronto City Council for the 2018 election, including an appearance as counsel before the Ontario Court of Appeal.
  • Dominion Diamond Corporation in applications to the Mackenzie Valley Review Board and the Wek’eezhii Land and Water Board in connection with the Ekati diamond mine in the Northwest Territories.
  • QuadReal Property Group’s redevelopment of a 70-acre parcel in the Vaughan Metropolitan Centre, including extensive mediation before the Ontario Municipal Board.
  • Various developers in connection with municipal planning processes and litigation at several commercial and mixed use sites across Ontario, including representation in proceedings before the Local Planning Appeal Tribunal.
  • Representation of landowners in litigation related to the interpretation and application of restrictive covenant agreements registered on title.
  • Parkbridge Lifestyle Communities in responding to a Landlord and Tenant Board application related to slope stability at a mobile home community along the shores of Lake Huron.
  • DelSuites in responding to an application in the Superior Court of Justice under the Condominium Act that sought to restrict short-term rentals through amendments to a condominium declaration.
  • Ontario Energy Board before the Divisional Court, Court of Appeal and Supreme Court of Canada of the Board’s decision to reduce Ontario Power Generation’s nuclear compensation costs by C$145M.
  • ITC Holdings Corp. on an application to the National Energy Board for an underwater transmission line crossing Lake Erie including responding to a judicial review application before the Federal Court commenced by the Mississaugas of New Credit First Nation.
  • AquaBounty Canada in respect of environmental approvals issued in relation to the import, manufacture and use of AquaAdvantage Salmon, the first genetically modified animal approved for human consumption.
  • Essar Steel Algoma Inc. in an appeal to the Environmental Review Tribunal of an order from a Director of the Ministry of the Environment and Climate Change related to the Algoma mill and mine sites.
  • wpd Canada in responding to an appeal to the Environmental Review Tribunal related to the White Pines wind project in Prince Edward County and related litigation before all levels of the Ontario courts.
  • Smart Metering Entity in various applications before the Ontario Energy Board, including the Smart Metering Entity licence application and Smart Metering Charge application.
  • Isolux Corsan and TC Energy Corporation in their joint proposal to the Ontario Energy Board’s designation proceeding for the East-West Tie Line.
  • A forest products company in an internal investigation into allegations of environmental non-compliance in Northern Ontario.
  • Ministry of Northern Development, Mines and Forestry in settling a complex dispute involving Platinex and the Kitchenuhmaykoosib Inninuwug First Nation.
  • Ontario Power Authority in connection with the Renewable Energy Supply III procurement process, including the development of the first Aboriginal consultation model for a procurement undertaken by the Ontario Power Authority.
  • Toronto Transit Commission on a court challenge to the environmental assessment and City of Toronto’s jurisdiction to approve the St. Clair Streetcar Project.
  • A panel of the Ontario Energy Board in a compliance proceeding against Summitt Energy for engaging in unfair practices in the retailing of natural gas and electricity.
  • Ontario Energy Board in successfully defending a Board decision requiring the approval of a majority of a utility’s independent directors before the declaration of future dividends in the Divisional Court, the Court of Appeal and in a leave to appeal application to the Supreme Court of Canada.
  • Ontario Energy Board in successfully defending a Board decision denying recovery of amounts that had not been subject to a prudency review in the Divisional Court, Court of Appeal and in a leave to appeal application to the Supreme Court of Canada.
  • Ontario Energy Board in the role of Compliance Counsel in the first-ever contested enforcement proceeding before the Board in which Toronto Hydro was found to have breached its obligation to connect new condominium units within its service area.
  • A proponent in responding to a Request for Pre-Qualification and Request for Proposal issued by Ontario Lottery and Gaming Corporation to select a service provider to run gaming operations for gaming sites Woodbine Racetrack and Ajax Downs.
  • Essroc Cement in a multi-party arbitration related to the construction of a new cement terminal and distribution facility in Toronto.
  • Metrolinx before the Supreme Court of Canada in a case relating to “injurious affection” due to changes in traffic access caused by the construction of new highway.
  • Toronto Transit Commission in a successful pre-certification motion to have a class action of over C$100M against the TTC dismissed on the ground that the Ontario Municipal Board, and not the court, had exclusive jurisdiction over a claim for business losses arising from the construction of a transit project.