The Appellant, Milner Power Inc., successfully sought leave to appeal a decision made by the Alberta Energy and Utilities Board with regards to its decision to decline to hold a hearing into the Appellant’s complaint

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Natural resources – Judicial review – Compliance with legislation – Appeals – Leave to appeal – Test Milner Power Inc. v. Alberta (Energy and Utilities Board), [2009] A.J. No. 989, 2009 ABCA 305, Alberta Court of Appeal, September 21, 2009, E.A. McFadyen ...

The appeal by a pipeline owner (“TransCanada”) from a decision of the Alberta Energy and Utilities Board (the “Board”) concluding that the Board had jurisdiction over the pipeline because the pipeline supplied gas to or for the public, was dismissed where the Court found that the Gas Utilities Act provided the Board with the power to conduct an investigation of any matter concerning a gas utility

Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Public interest – Powers to investigate – Natural resources – Natural gas – Distribution – Judicial review – Public utility – definition – Compliance with legislation – Jurisdiction of tribunal TransCanada Pipeline Ventures Ltd. v. Alberta (Energy and Utilities Board), [2008] A.J. ...

The City of Calgary’s application for leave to appeal three decisions of the Alberta Energy and Utilities Board was allowed where the Court found that special circumstances existed that justified extending the time for filing the appeals and it was arguable that the Board did not take certain evidence into account

25. September 2007 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Appeals – Leave to appeal – Fee increases – Jurisdiction – Judicial review – Evidence – Limitations Calgary (City) v. Alberta (Energy and Utilities Board), [2007] A.J. No. 880, Alberta Court of Appeal, August 3, 2007, C. Conrad J.A. The City of Calgary ...

The Applicant Consumers’ and Seniors’ Associations challenged a rate increase granted by virtue of an interim ex parte order of the Respondent Public Utilities Board of Manitoba. The Applicants brought a motion for certiorari to quash the order on both procedural and substantive grounds. They were successful in the Court of Queen’s Bench. The Board appealed. The Manitoba Court of Appeal allowed the appeal, and held that the learned motions judge ought not to have granted the Applicants’ motion of certiorari when there was an adequate alternative remedy available, namely to participate in the General Rate Application process.

27. February 2007 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Hearings – Ex parte orders – Judicial review – Remedies – Alternative remedies Consumers’ Assn. of Canada (Manitoba) Inc. v. Manitoba (Public Utilities Board), [2006] M.J. No. 464, Manitoba Court of Appeal, December 18, 2006, Huband, Twaddle and Hamilton JJ.A. A rate increase granted ...

The appeal by an energy distributor (“Natural Resources”) from the dismissal of its appeal from a decision of the Ontario Energy Board (the “Board”) was dismissed where the Court found that the Board had reasonably disallowed Natural Resources’ recovery of regulatory costs and interest costs that had been incurred as a result of an accounting error

26. September 2006 0
Administrative law – Natural resources – Natural gas – Distribution – Decisions of administrative tribunals – Energy and Utilities Board – Accounting errors – Recovery – Judicial review – Standard of review – Reasonableness simpliciter Natural Resources Gas Ltd. v. Ontario Energy Board, [2006] O.J. No. 2961, Ontario Court of Appeal, July 21, 2006, J.I. Laskin, S. ...

Toronto Hydro Electric System Ltd. (“Toronto Hydro”) was successful in appealing from a Divisional Court decision that had concluded that the Ontario Energy Board (“OEB”) made an unreasonable decision in deciding that a lower hydro system rate should apply to the installation of the electricity distribution system in the Graywood building where Toronto Hydro and Graywood had agreed to a higher rate prior to the date of installation.

25. July 2006 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Rates – Natural resources – Distribution – Contracts – Validity – Timing – Judicial review – Standard of review – Reasonableness simpliciter Graywood Investments Ltd. v. Toronto Hydro-Electric System Ltd., [2006] O.J. No. 2030, Ontario Court of Appeal, May 24, 2006, K.N. Feldman, J.C. ...

The Appellant energy board appealed from an order of the Divisional Court setting aside the Board’s order on an application for a rate increase brought by the Respondent gas distributor. The Court allowed the appeal, finding that the Board had properly applied the “prudence” inquiry which was required on an application for a rate increase.

Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Rate increases – Prudence inquiry – Judicial review – Appeals Enbridge Gas Distribution Inc. v. Ontario (Energy Board), [2006] O.J. No. 1355, Ontario Court of Appeal, April 7, 2006, D.H. Doherty, M.J. Moldaver and E.E. Gillese JJ.A. The Ontario Energy Board appealed an ...

A majority of the Court found that the Defendant Board had exceeded its jurisdiction by requiring the Appellant Public Utility to distribute the net gain from the sale of assets, in part, to its ratepaying customers

Administrative law – Natural resources – Natural gas – Powers under legislation – Decisions of administrative tribunals – Energy and Utilities Board – Sale of assets – Judicial review – Jurisdiction – Statutory interpretation – Legislative compliance – Public interest – Standard of review – Correctness ATCO Gas & Pipelines Ltd. v. Alberta (Energy & Utilities Board), ...

The Estate of Gordon Stiles (the “Estate”) was denied its application for leave to appeal the decision of the Alberta Energy and Utilities Board (the “Board”) which denied the Estate’s review of its earlier decision to grant Esprit Exploration Ltd. (“Esprit”) a licence to drill a well on the land adjoining the lands owned by the Estate

22. November 2005 0
Administrative law – Natural resources – Decisions of administrative tribunals – Energy and Utilities Board – Permits and licences – Judicial review – Procedural requirements and fairness – Appeal process – Compliance with legislation – Standard of review – Correctness Stiles Estate v. Alberta (Energy and Utilities Board), [2005] A.J. No. 1245, Alberta Court of Appeal, ...

The Consumers’ Association of Canada (Manitoba) Inc. and the Manitoba Society of Seniors (the “Applicants”) applied for judicial review of an Order made by the Public Utilities Board of Manitoba (the “Board”) with respect to an ex parte Order of the Board that permitted Centra Gas Manitoba Inc. (“Centra”) to increase its natural gas rates by approximately 10% effective February 1, 2005 without any notice to or input from Centra’s customers. The court held that there was no evidence presented to the Board that supported the exceptional requirements necessary to justify of an ex parte hearing. The Board therefore should not have heard Centra’s interim application on an ex parte basis and the Applicants were entitled to an Order quashing the interim rate increase ordered by the Board following the ex parte hearing.

27. September 2005 0
Administrative law – Natural resources – Natural gas – Decisions of administrative tribunals – Energy and Utilities Board – Rate increases – Appeals – Hearings – Procedural requirements and fairness – Ex parte orders – Evidence – Interpretation of legislation – Judicial review – Standard of review – Correctness Consumers’ Assn. of Canada (Manitoba) Inc. v. Manitoba (Public ...