The City of St. John’s (the “City”) was successful on an appeal from an order affirming an arbitration award, which held that an interest in land and water rights leased to the respondent Newfoundland Power Inc. (“Newfoundland Power”) ought to be valued as part of the going concern.

21. May 2013 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Natural resources – Electricity – Municipalities – Utility services – Contracts – Landlord and tenant – Leases – Land and water rights – Valuation – Judicial review – Standard of review – Reasonableness simpliciter St. John’s (City) v. Newfoundland Power Inc., [2013] N.J. No. ...

The petitioner, Amix, unsuccessfully brought a petition for an order of mandamus, which would have required the respondents (City of Chilliwack and its Approving Officer) to make an improvement to the water line on its land

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – Building permits – By-laws – Utility services – Judicial review – Public officer – Remedies – Mandamus – Availability Amix Salvage & Sales Ltd. v. Chilliwack (City), [2010] B.C.J. No. 2067, 2010 BCSC 1493, British Columbia Supreme Court, ...

The Appellant City successfully appealed a decision of the B.C. Supreme Court, which had granted the Respondent Company’s application for judicial review. At issue was the City’s decision to alter the method by which the City was recovering certain costs associated with its implementation of a sewer system for the Company.

23. June 2009 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Change of by-laws – Utility services – Cost sharing – Levies and taxies – Judicial review – Compliance with legislation Andrex Developments (1985) Ltd. v. Colwood (City), [2009] B.C.J. No. 983, British Columbia Court of Appeal, May 20, 2009, L.S.G. ...

Section 67(1), Public Utilities Act, R.S.N.S. 1989 c. 380, which prohibits the Nova Scotia Utility and Review Board from setting a rate for low income consumers different from that chargeable to other consumers for the same circumstances and conditions respecting electrical service, was found not to discriminate by adverse effect based on the listed categories of sex, race, national or ethnic origin, age and disability in section 15(1) of the Charter of Rights and Freedoms and the recognized analogous category of marital status. Poverty was not considered an analogous ground under section 15(1) Charter.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Poverty – Charter of Rights and Freedoms – Utility services – Electricity rates – Judicial review – Compliance with legislation Boulter v. Nova Scotia Power Inc., [2009] N.S.J. No. 64, 2009 NSCA 17, Nova Scotia Court of ...

The Respondent City did not have a statutory duty under the Municipal Government Act to supply utility services to parcels of land beyond its municipal boundaries

28. December 2004 0
Administrative law – Municipalities – Utility services – Judicial review – Compliance with legislation – Remedies – Mandamus Landrex Developers Inc. v. St. Albert (City), [2004] A.J. No. 1116, Alberta Court of Queen’s Bench, October 8, 2004, Greckol J. The Applicants brought an application for an order in the nature of mandamus to compel the City of ...