Enbridge Gas Distribution Inc. v. Ontario
The appeal was dismissed because the Superior Court should not intervene by way of prohibition in matters properly within the jurisdiction of the Ontario Court of Justice absent a clear jurisdictional error; the application was premature and ill conceived, and costs were payable under the Provincial Offences Act...
Source-derived case information.
- Citation
- C43210
- Parties
- Appellant: Enbridge Gas Distribution Inc.; Respondent: Her Majesty the Queen in Right of the Province of Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 April 2005
- Procedural Posture
- Civil Appeal / Appeal From Superior Court of Justice; Court of Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Prohibition, Stay of Proceedings, Prerogative Relief, Jurisdictional Error, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Enbridge Gas Distribution Inc.
Appellant
Her Majesty the Queen in Right of the Province of Ontario
Respondent
Procedural Posture
Civil Appeal / Appeal From Superior Court of Justice; Court of Appeal Judgment
Legal Issues
- 1 Whether the Superior Court should grant an application for prohibition and a stay of provincial offence proceedings
- 2 Whether the matters fall within the jurisdiction of the Ontario Court of Justice and thus are premature in the Superior Court
- 3 Whether there is jurisdictional error warranting prerogative relief
Ratio Decidendi
The appeal was dismissed because the Superior Court should not intervene by way of prohibition in matters properly within the jurisdiction of the Ontario Court of Justice absent a clear jurisdictional error; the application was premature and ill conceived, and costs were payable under the Provincial Offences Act s.142(5).
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs awarded to respondent pursuant to Provincial Offences Act s.142(5) in the amount of $3,000
Full Case Text
Judgment text and source record
1 paragraphs
Enbridge Gas Distribution Inc. v. Ontario Collection Decisions of the Court of Appeal Date 2005-04-14 Docket numbers C43210 Judges Sharpe, Robert J.; Blair, Robert Ashley; MacFarland, Jean Louise Subject Civil Decision Content DATE: 20050414 DOCKET: C43210 COURT OF APPEAL FOR ONTARIO RE: ENBRIDGE GAS DISTRIBUTION INC. (Appellant) – and – HER MAJESTY THE QUEEN RIGHT OF THE PROVINCE OF ONTARIO (Respondent) BEFORE: SHARPE, BLAIR and MacFARLAND COUNSEL: Cynthia Sefton for the appellant Melanie Shulman and Paul Slansky for the respondent HEARD & ENDORSED: April 14, 2005 On appeal from the judgment of Justice M.L. Benotto of the Superior Court of Justice dated February 24, 2005. APPEAL BOOK ENDORSEMENT [1] We see no basis to interfere with the order of Benotto J. dismissing the application for prohibition and a stay of proceedings. All of the appellant’s arguments fall within the jurisdiction of the Ontario Court of Justice and should be addressed there. Until that occurs and in the absence of jurisdictional error, an application for prerogative or other like relief to the Superior Court is premature and ill conceived. In the circumstance of this case, there is no basis for the Superior Court in effect to usurp the role of the trial judge by way of an application for prohibition. The appeal is dismissed. In our view, this is an appropriate case to order costs pursuant to the Provincial Offence Act, s. 142(5) in the amount requested, $3,000.