1 INTRODUCTION

1.1 Instructions

1 BRG has been retained by the Government of Canada to provide an independent analysis of the alleged causes of harm and applicable damages to Mesa Power Group LLC (“Mesa Power”) resulting from the alleged violations of Canada’s treaty obligations under Chapter 11 of the North American Free Trade Agreement (“NAFTA”) by the measures of the Government of Ontario ("Ontario") and the Ontario Power Authority (“OPA”).

2 We were asked to assume that the alleged violations were in fact inconsistent with Canada’s treaty obligations, and we do not offer any opinion as to whether this was the case. Rather, we evaluate:

a. The extent to which each of the alleged violations caused harm to Mesa Power,

b. If so, the way in which the violations caused harm to Mesa Power, both individually and in combination, and

c. The quantum of damages associated with the alleged violations, individually and as a group.

3 We were also asked to use this analysis to provide an independent analysis of the damages evaluation prepared by Richard Taylor and Robert Low of Deloitte (“Deloitte Report”).