Consumers' Association of Canada et al. v. Hydro Electric Power Commission of Ontario et al. (No. 1), (1974) 2 N.R. 467 (FCA)

• Judge: Jackett, C.J., Pratte and Heald, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: March 19, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 2 N.R. 467 (FCA)

Consumers' Assoc. v. Ont. Hydro (1974), 2 N.R. 467 (FCA)

MLB headnote and full text

Consumers' Association of Canada et al. v. Hydro Electric Power Commission of Ontario et al. (Case No. 1)

Indexed As: Consumers' Association of Canada et al. v. Hydro Electric Power Commission of Ontario et al. (No. 1)

Federal Court of Appeal

Jackett, C.J., Pratte and Heald, JJ.

March 19, 1974.

Summary:

This headnote contains no summary.

Practice - Topic 8873

Appeals - Leave to appeal from a discretionary order of a board - The National Energy Board granted an export license to the Hydro Electric Power Commission of Ontario for the exportation of power - The board held that the price to be charged was "just and reasonable in relation to the public interest" - The Federal Court of Appeal dismissed an application by an intervenor for leave to appeal the order of the board - The Federal Court of Appeal held that the courts have no right to review such a discretionary order of the National Energy Board and that such a tribunal has a discretion as to the manner in which it obtains information.

Cases Noticed:

Magnasonic Canada Ltd. v. Anti-Dumping Tribunal, [1972] F.C. 1239; 30 D.L.R.(3d) 118, folld. [para. 6].

Northwest Utilities Ltd. v. The City of Edmonton, [1929] S.C.R. 186, folld. [para. 7].

Union Gas Company of Canada, Limited v. Sydenham Gas and Petroleum Company, Limited, [1957] S.C.R. 185, folld. [para. 7].

Memorial Gardens Association (Canada) Limited v. Colwood Cemetery Company, et al., [1958] S.C.R. 353. Bell Telephone Co. v. Canadian National Railways, [1939] C.R.T.C. 10, folld. [para. 7].

Statutes Noticed:

National Energy Board Act, R.S.C. 1970, c. N-6, sect. 18(1).

Counsel:

No one appearing.

Solicitors of Record:

Andrew J. Roman, for the applicants;

J. Weir, Q.C., for Hydro Electric Power Commission;

F.H. Lamar, for National Energy Board;

Morris Manning, for the Province of Ontario;

D.S. Thorson, Q.C., for Deputy Attorney General.

This application for leave to appeal was made pursuant to Rule 234 of the Federal Court Rules and the application was considered by JACKETT, C.J., PRATTE and HEALD, JJ. Judgment was delivered on March 19, 1974.

The judgment of the court was delivered by JACKETT, C.J.