Dispute Resolution

The Dispute Resolution Panel mediates and arbitrates certain disputes arising under the market rules. The Board of Directors has appointed The Honourable Dennis O’Connor, Q.C. as Secretary of the IESO Dispute Resolution Panel, commencing April 1, 2015. 

Members of the Dispute Resolution Panel

• The Hon. Dennis O’Connor, Q.C. 
• Bryan Duguid Q.C., FCIArb
• Ellen Fry
• John J. Marshall Q.C.

The Honourable Dennis O’Connor, Q.C. - Secretary

The Honourable Dennis O'Connor, Q.C., formerly the Associate Chief Justice of Ontario, is counsel in the Toronto office of a national law firm. He was appointed to the Court of Appeal for Ontario in 1998 and served as Associate Chief from 2001 until he retired at the end of 2012. He was appointed Magistrate in the Yukon Territory in 1973, where he served until 1976. He has also sat as a Deputy Magistrate of the Northwest Territories and a Provincial Court judge in the northern regions of British Columbia.

While on the bench Mr. O'Connor wrote numerous judgments dealing with a wide range of issues including commercial, insurance and securities law. In addition, he conducted two successful public inquiries: The Walkerton Inquiry (2000-02) and the Maher Arar Inquiry (2004-06). He also served as Chair of the Judicial Independence Committee and the Priorities and Planning Committee of the Canadian Judicial Council (2007-10).

Before being appointed to the Court of Appeal, Mr. O'Connor was a senior counsel at a national law firm for 18 years. His practice focused on commercial and public law litigation. He acted on many major cases in Ontario and elsewhere in Canada during that period. He appeared as lead counsel on many major cases in Ontario and elsewhere in Canada during that time. From 1980 to 1984 he acted as Chief Negotiator for the Government of Canada for Yukon Indian Land Claim. He served as an elected bencher of the Law Society of Upper Canada from 1987 to 1995. He also taught law as an associate professor at the University of Western Ontario (1976-80), and as a part-time faculty member of Osgoode Hall Law School (1982-86).

Mr. O'Connor was elected a fellow of the American College of Trial Lawyers in 1991. He has been awarded several honorary degrees including: Doctors of Law (Hon.) from the University of New Brunswick (2013), The Law Society of Upper Canada (2013), the University of Guelph (2011), Assumption University (2008), York University (2007) and the University of Western Ontario (2003). Mr. O'Connor has also received a number of awards, including the Advocates Society Medal, the Toronto Lawyers Award of Distinction, The Ontario Bar Association Award for Distinguished Service, the Society of Ontario Adjudicators and Regulators Medal, The Canadian Water Resources Association Distinguished Achievement Award and the American Waterworks Association Award of Merit.

Bryan Duguid Q.C., FCIArb

Bryan C. Duguid QC, FCIArb is the Firm Chairperson of Jensen Shawa Solomon Duguid Hawkes LLP in Calgary, Alberta.  His practice is focused on the resolution of commercial disputes primarily through arbitration (as arbitrator or counsel), with particular emphasis on electricity market disputes. Bryan has been involved in some of the most high-profile, complex, and significant arbitral, regulatory, and litigation disputes in the Alberta power industry, often including the Alberta Independent Electricity System Operator, the Market Surveillance Administrator, or both, along with commercial market participants or the Independent Power Producers Society of Alberta. 

Besides having been appointed as Queen’s Counsel, as a Fellow of the UK-based Chartered Institute of Arbitrators, to the NAFTA 2022 Committee by the federal Minister of International Trade, as Chair of Sub-Group and member of Steering Committee of the Uniform Law Conference of Canada - Domestic Arbitration Legislation Group, and to various arbitrator rosters, Bryan is a member of the Western Canada Commercial Arbitration Society. He is recognized for arbitration and commercial disputes as a star or leading lawyer by agencies including Chambers Canada, Who’s Who Legal, The Best Lawyers in Canada, Benchmark, and Lexpert. 

Ellen Fry

Ellen Fry is a dispute resolution specialist with over 15 years of experience in adjudication, arbitration, mediation and complaint investigation. Her experience includes major issues in the energy sector, commercial and trade law and business regulation. She is currently a member of ADR Chambers, a major dispute resolution firm.

Ellen is a former Member of the Ontario Energy Board, Member of the Canadian International Trade Tribunal and Ombudsman of the National Capital Commission. In these positions she adjudicated numerous major commercial and regulatory issues and investigated complaints against a federal government agency. She has also investigated and recommended resolution of numerous complaints against major Canadian banks.

Ellen has been a member of the Ontario Bar since 1979 and has an MBA from Queen's University. Before specializing in dispute resolution she was the director of the legal departments of several economic and regulatory federal government departments.

John J. Marshall Q.C.

Jack practiced with Macleod Dixon in Calgary for 45 years. He headed the firm's litigation practice group and served as Chairman from 2000 to 2007. He practiced in the areas of litigation, regulatory, arbitration and mediation. Since leaving the firm December 31st, 2011, he has practiced as an independent arbitrator and mediator in both domestic and international disputes. His focus has been on the energy and resource sectors, including electricity, oil and gas and mining. He has also arbitrated or mediated major industrial construction disputes and disputes involving securities and corporate/commercial matters.

Jack's experience pertaining to the electric industry includes:

• Counsel to TransAlta Utilities for several years
• Representation of TransAlta in rate applications and various regulatory matters
• Representation of TransAlta in the industry de-regulation in Alberta
• Participation in drafting Power Purchase Arrangements for use in Alberta
• Counsel to Nova Scotia Power in Fuel Adjustment Mechanism application
• Sole arbitrator in dermination valuation of distribution system for Town in NWT acquiring system from regulated service provider
• Mediator in dispute relating to construction of co-generation plant in Algeria
• Party appointed arbitrator in ICC arbitration concerning long term contract to purchase uranium fuel for German utility from Canadian supplier
• Counsel to U.S. electricity trading company in arbitration relating to forward sale of electricity
• Chair of arbitration tribunal in dispute relating to cost overruns and delay in construction of two biomass generating plants in B.C.
• Counsel to utility in two arbitrations relating to determining coal royalties
• Party appointed arbitrator in dispute to determine cost of service for electric distribution services being provided to city owned utility by a third party