Practice & Procedure

OEB Review of Cable Pole Attachment Fees

Two recent Ontario electricity distribution rate applications have touched off disputes over the pole attachment fees being charged to cable companies. One of these cases (Toronto Hydro) is still underway, while the decision in the other case (Hydro One) is being challenged by many cable providers. Initially, a central issue was whether the OEB can […]

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OEB Decisions Denying Full-Year Recovery of Revenue Deficiency

Two recent Ontario Energy Board decisions underline the risk to applicants who do not file rate applications in a timely fashion. In each of these cases, the OEB allowed increases to amounts charged by the applicants, but also determined that the new amounts would not be effective until after the decision. The result in each […]

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Minister Chiarelli Announces Legislation to be Tabled to Strengthen Role of OEB

Legislative changes intended to strengthen the role of the OEB in five core areas are coming. Energy Minister Chiarelli outlined these core areas during his keynote address at the 14th Ontario Power Summit on May 12, 2015.

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Ontario Court of Appeal Clarifies Procedures for Communicating with Expert Witnesses

In Moore v. Getahun (2015 ONCA 55), the Ontario Court of Appeal recently provided much needed clarification to the limits governing appropriate communications between lawyers and expert witnesses following the 2014 Superior Court decision of Justice Wilson (2014 ONSC 237), which called into question the long-standing practice of lawyers assisting expert witnesses in the preparation […]

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OEB Decides to Forebear From Regulating Union Gas LNG Sales

On April 9, 2015, the Ontario Energy Board issued a decision declining to regulate Union Gas Limited’s production and sales of liquefied natural gas (LNG). The OEB decided to forebear from regulating this activity because a competitive market already exists for LNG as a transportation fuel. Union operates an LNG facility in its northern service […]

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