Canada Case Law

Union Gas Limited v. Ontario Energy Board

Court

Court of Appeal for Ontario

The Court dismissed the appeal, holding the Board reasonably found Union's 2011 FT-RAM revenues were generated on a planned basis and thus distinguishable from previously deferred unplanned optimization revenues; those revenues were properly reclassified as gas supply cost reductions (encumbered and subject to disposition), the Board acted within its s.36 authority, and the reclassification did not constitute impermissible retroactive ratemaking.

Source excerpt

• Retroactive ratemaking
• Deferral accounts
• Earnings sharing mechanism (esm)
• Incentive regulation mechanism (irm)
• Rate setting
• Encumbered revenues

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Perimeter Transportation Ltd. v. Vancouver International Airport Authority

Court

Supreme Court of British Columbia

The court held that YVR is not a public utility in its dealings with ground transportation providers and upheld the airport authority’s fee recovery.

• Airport ground transportation
• Exclusive licence
• Public utility duty
• Continued operations
• Injunction breach
• Fees recovery

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Garratt v. Orillia Power Distribution Corporation

Court

Court of Appeal for Ontario

The Court of Appeal found a prima facie duty of care existed but held the vandal’s intervening act was not shown to be reasonably foreseeable on the evidence; because the intervening human agency was unpredictable and the utility’s security method had been used without prior incident and was reasonable in the circumstances, there was no breach of the applicable standard of care; therefore the trial judgment was set aside and the action dismissed.

Source excerpt

• Duty of care
• Standard of care
• Foreseeability
• Intervening third‑party acts
• Causation
• Damages

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Perimeter Transp. Ltd. v. Vanc. Int. Airport Authority

Court

Supreme Court of British Columbia

The court dismissed a motion to strike and granted a modified interlocutory injunction keeping airport access in place for Perimeter Transportation pending trial.

• Duty of airport operator to public
• Discriminatory fees
• Unjust enrichment/void contract
• Duress colore officii
• Common mistake
• Interlocutory injunction test

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City of Hamilton v. Hamilton Distillery Co.

Court

Supreme Court of Canada

The Supreme Court of Canada held that Hamilton could not charge different water rates to different manufacturers without clear legislative authority, and dismissed the appeals.

• Water rates
• Municipal by-law validity
• Rate discrimination
• Jurisdiction to appeal
• Municipal-law
• Water-rates

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Royal Electric Co. v. Hévé

Court

Supreme Court of Canada

The Supreme Court of Canada upheld liability against an electric utility for a fatal shock, finding defective insulation and dangerous wiring called for a high standard of care.

• Duty of care
• Standard of care for dangerous operations
• Insulation and maintenance of electrical wires
• Causation and proof
• Liability of companies under special charter
• Contributory negligence (quebec)

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