Anvil Range Mining Corp. v. Utilities Board (Yukon Terr.) et al., (1998) 102 B.C.A.C. 142 (YukCA)

JudgeLambert, Goldie and Newbury, JJ.A.
CourtCourt of Appeal (Yukon Territory)
Case DateJanuary 15, 1998
JurisdictionYukon
Citations(1998), 102 B.C.A.C. 142 (YukCA)

Anvil Range v. Utilities Bd. (1998), 102 B.C.A.C. 142 (YukCA);

    166 W.A.C. 142

MLB headnote and full text

Temp. Cite: [1998] B.C.A.C. TBEd. MR.001

Anvil Range Mining Corporation (applicant/appellant) v. Yukon Utilities Board, Yukon Electrical Company Ltd., Yukon Energy Corporation, City of Whitehorse and Utilities Consumers Group (board and submittors/respondents)

(96-YU376)

Indexed As: Anvil Range Mining Corp. v. Utilities Board (Yukon Terr.) et al.

Yukon Court of Appeal

Lambert, Goldie and Newbury, JJ.A.

January 15, 1998.

Summary:

Electric utilities applied for approval of rate changes. The Public Utilities Board, inter alia, disallowed certain of the utilities' costs and denied them the benefit of the disposition of lands no longer used or useful in providing service. The utilities appealed, with leave. In 1986 the Yukon Court of Appeal allowed the appeal in part and remitted the cause to the Board for disposi­tion according to the reasons for judgment. The Board's subsequent ruling was deter­mined to be over $1 million in the utilities' favour. The Board ordered that this sum be collected over approximately one year by means of a "rate rider" and by fur­ther Board order, by a surcharge, until the sum was recovered. The applicant appealed pursuant to s. 69 of the Utilities Act.

The Yukon Court of Appeal dismissed the appeal.

Public Utilities - Topic 4668

Public utility commissions - Regulation - Rates - Powers respecting rates for past services - The Yukon Utilities Board made an order authorizing recovery in a current fiscal period of utility expenses incurred in and attributable to a past period - The Yukon Court of Appeal held that s. 29 of the Public Utilities Act, R.S.Y. 1986, c. 143, addressed the issue when it arose in the course of a rate proceeding - The court affirmed the Board's authority to make the order.

Cases Noticed:

Yukon Energy Corp. et al. v. Utilities Board (Yukon Terr.) (1996), 74 B.C.A.C. 58; 121 W.A.C. 58 (Yuk. C.A.), refd to. [para. 3].

Northwestern Utilities Ltd. v. Edmonton (City), [1979] 1 S.C.R. 684; 23 N.R. 565; 12 A.R. 449; 89 D.L.R.(3d) 161, refd to. [para. 16].

Bell Canada v. Canadian Radio-Television and Telecommunications Commission, [1989] 1 S.C.R. 1722; 97 N.R. 15; 60 D.L.R.(4th) 682; 38 Admin. L.R. 1, refd to. [para. 18].

R. v. Board of Public Utilities Commis­sioners (1966), 60 D.L.R.(2d) 703 (N.B.C.A.), refd to. [para. 22].

Edmonton (City) v. Northwestern Utilities Ltd., [1961] S.C.R. 392, consd. [para. 23].

Statutes Noticed:

Public Utilities Act, R.S.Y. 1986, c. 143, sect. 29 [para. 13]; sect. 32(1), sect. 32(3), sect. 32(4) [para. 14]; sect. 69(1), sect. 69(2), sect. 71, sect. 72, sect. 73, sect. 74 [para. 15].

Counsel:

Ian Blue, Q.C., for the appellant;

D.O. Sabey, Q.C., for the respondent, the Yukon Electrical Co.;

P. John Landry, for the respondent, Yukon Energy Corp.;

Gordon A. Fulton, for the respondent, Yukon Utilities Board.

This appeal was heard at Vancouver, British Columbia, on December 3, 1997, before Lambert, Goldie and Newbury, JJ.A., of the Yukon Court of Appeal.

On January 15, 1998, Goldie, J.A., delivered the following judgment for the Court of Appeal.

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