Canada Case Law

Richmond (City) v. British Columbia (Utilities Commission)

Court

British Columbia Court of Appeal

The word 'municipality' in the Municipal Exclusion of s.1(1) UCA must be read with the Interpretation Act definition; that definition refers to the incorporated municipal corporation, not to separate local government corporations; therefore wholly owned and wholly operated LGCs are distinct legal entities that fall within the statutory definition of 'public utility' unless the Legislature expressly excludes them, and the BCUC's decision to treat them as public utilities while recommending a class exemption under s.88(3) was correct; the inquiry process afforded participants adequate procedura…

Source excerpt

• Definition of public utility
• Municipal exclusion
• Interpretation act s.29
• Procedural fairness
• Statutory exemption s.88(3)

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Powell River Energy Inc. v. British Columbia (Utilities Commission)

Court

British Columbia Court of Appeal

On a correct construction of s.1(1) of the UCA, a corporate parent supplying electricity to its wholly owned subsidiaries is supply to a separate legal person and therefore does not fall within the self-supply exclusion in s.1(1)(d); the Panel's ultimate conclusion that PREI is a public utility was correct and the post-decision corporate reorganization did not meet the Palmer test for fresh evidence.

Source excerpt

• Definition of public utility
• Self-supply exclusion
• Corporate separateness
• Jurisdictional scope
• Fresh evidence (palmer)

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Surrey (City) v. British Columbia Hydro and Power Authority

Court

British Columbia Court of Appeal

Leave to appeal was refused because Surrey failed to show a substantial question of law with a realistic prospect of success: the Commission had jurisdiction under s.32 of the UCA given B.C. Hydro's CPCNs (inherited and deemed), the panel properly exercised that jurisdiction notwithstanding a concurrent trespass claim in the Supreme Court, and the panel's multifactorial assessment allocating 100% of reconfiguration costs to Surrey pursuant to cost causation was within the Commission's core expertise and not reviewable absent palpable and overriding error.

Source excerpt

• Jurisdiction of utilities commission under s.32 uca
• Certificate of public convenience and necessity (cpcn)
• Cost allocation/cost causation
• Trespass and property rights
• Abuse of process/forum shopping
• Leave to appeal standards

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Yee v. Yukon Energy Corporation

Court

Yukon Court of Appeal

The Yukon Court of Appeal allowed Nathaniel Yee’s appeal, holding the Board erred by approving rates that recovered costs for diesel generators YEC was not lawfully permitted to operate.

• Permit compliance
• Rate-setting
• Illegality defence (ex turpi causa)
• Statutory interpretation
• Public interest
• Interplay of statutes (environment act, public utilities act)

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Watson-Hurthig v. Insurance Corporation of British Columbia

Court

Supreme Court of British Columbia

The court dismissed a proposed class action and granted summary judgment to ICBC, finding no viable claim over basic-rate coverage and no viable optional-coverage claim on the pleaded facts.

• Third-party liability insurance
• Rate setting and bcuc jurisdiction
• No-fault (enhanced care) regime
• Negligent misrepresentation
• Unjust enrichment
• Breach of contract

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Richmond (City) v. British Columbia (Utilities Commission)

Court

British Columbia Court of Appeal

BC Hydro and FortisBC were added as respondents in related appeals from a BCUC order about the municipal exclusion in the Utilities Commission Act.

• Intervener status
• Addition of respondents
• Municipal exclusion interpretation
• Standing and party status
• Procedural fairness
• Administrative-law

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Richmond (City) v. British Columbia (Utilities Commission)

Court

British Columbia Court of Appeal

The Court of Appeal granted leave to appeal a Utilities Commission order involving local government corporations, the Municipal Exclusion, and procedural fairness in adding exemption terms.

• Municipal exclusion under utilities commission act
• Definition of public utility
• Local government corporation (lgc) status
• Exemption orders and reporting requirements
• Procedural fairness and notice to interveners
• Municipal-exclusion

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Yee v. Yukon Energy Corporation

Court

Yukon Court of Appeal

The Yukon Court of Appeal granted the Yukon Utilities Board’s request to be added as a respondent, limiting its role to jurisdiction, the legal framework, and the record.

• Party status
• Standing
• Leave to appeal
• Jurisdiction
• Bootstrapping
• Judicial discretion

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City of Richmond v. British Columbia Utilities Commission

Court

British Columbia Court of Appeal

The Court of Appeal upheld a Utilities Commission order that required FortisBC to do offset work and allowed a limitation of liability clause under s. 32 of the Utilities Commission Act.

• Statutory interpretation
• Jurisdiction by necessity/implication
• Limitation of liability
• Use of municipal thoroughfares
• Rate setting
• Administrative-law

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North Vancouver (City) v. British Columbia (Utilities Commission)

Court

British Columbia Court of Appeal

Appeal leave was granted only on whether wholly owned local government energy corporations fall within the Utilities Commission Act’s Municipal Exclusion. Bias grounds were dismissed.

• Reasonable apprehension of bias
• Municipal exclusion under utilities commission act
• Leave to appeal from tribunal
• Class of persons exemption
• Leave-to-appeal
• Statutory-interpretation

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