On June 21, 2016, E.L.K. Energy Inc. (“ELK”) filed a service area amendment application under Section 74 of the Ontario Energy Board Act1, to amend its service area in its electricity distribution licence ED-2003-0015 to include, inter alia, lands associated […]
An earlier issue of this Journal1 reported on a claim brought by Trillium Wind2 in the Ontario Courts relating to decision by an Ontario Power Authority to cancel a wind energy contract. That matter is still before the courts. In […]
In April, 2016, Enersource Hydro Mississauga Inc. (“Enersource”), Horizon Utilities Corporation (“Horizon”), and PowerStream Inc. (“PowerStream”), three of the largest municipally owned local electricity distribution companies (“LDCs”) in Ontario, applied to the Ontario Energy Board requesting approval to amalgamate to […]
On January 20, 2017, the British Columbia Utilities Commission (BCUC) released its decision in a BC Hydro Rate Design Application (the Decision).1 The Decision addresses a number of issues related to how BC Hydro sets its rates, and will be […]
On October 7, 2016, the Alberta Utilities Commission (AUC or Commission) confirmed it has no jurisdiction to consider or assess the adequacy of Crown consultation with Aboriginal groups that may be affected by a project under review. The ruling was issued […]
Overview The Ontario Court of Appeal’s decision in Iroquois Falls Power Corporation v Ontario Electricity Financial Corporation2 (“Iroquois Falls”) suggests that the bar for successfully appealing findings of contractual interpretation may be at its highest in the context of certain […]
Within the last year, the Nova Scotia Utility and Review Board (“UARB”) decided two cases involving appeals to the UARB of wind energy projects being developed under Nova Scotia’s Community Feed-In Tariff (“COMFIT”) Program. The COMFIT Program was established by […]
In Gitxaala Nation v Canada (“Northern Gateway”, or “FCA decision”)2, a 2-to-1 majority of the Federal Court of Appeal quashed the June 2014 Order in Council that required the National Energy Board (“NEB” or “Board”) to issue Certificates of Public […]
On March 10, 2016 a panel of the Supreme Court of Canada comprising Chief Justice McLachlin, and Justices Moldaver and Gascon granted leave (with costs in the cause) in Chippewas of the Thames First Nation v Enbridge Pipelines Inc1 (hereafter […]