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 ...

The Appellant did not demonstrate that the Respondent Board’s decisions regarding applicable management fees were unreasonable and therefore the appeals were dismissed

26. October 2004 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Management fees – Judicial review – Jurisdiction – Standard of review – Patent unreasonableness – Reasonableness simpliciter Atco Electric Ltd. v. Alberta (Energy and Utilities Board), [2004] A.J. No. 906, Alberta Court of Appeal, August 16, 2004, Côté, Wittmann and Costigan JJ.A. The ...

ATCO Gas and Pipelines Ltd (“ATCO”) successfully appealed a decision by the Alberta Energy and Utilities Board (the “Board”) on the basis that the Board lacked the jurisdiction to allocate to customers some of the proceeds of the sale of assets formerly used for utility purposes

23. March 2004 0
Administrative law – Decisions of administrative tribunals – Energy and Utilities Board – Jurisdiction – Sale of assets – Judicial review – Privative clauses – Compliance with legislation – Standard of review – Correctness Atco Gas and Pipelines Ltd. v. Alberta (Energy and Utilities Board), [2004] A.J. No. 45, Alberta Court of Appeal, January 27, 2004, ...