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 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 […]

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 […]