Consumers' Association of Canada et al. v. Hydro Electric Power Commission of Ontario et al. (No. 2), (1974) 2 N.R. 479 (FCA)

• Judge: Thurlow and Cattanach, JJ. and Hyde, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: April 16, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 2 N.R. 479 (FCA)

Consumers' Assoc. v. Ont. Hydro (1974), 2 N.R. 479 (FCA)

MLB headnote and full text

Consumers' Association of Canada et al. v. Hydro Electric Power Commission of Ontario et al. (Case No. 2)

Indexed As: Consumers' Association of Canada et al. v. Hydro Electric Power Commission of Ontario et al. (No. 2)

Federal Court of Appeal

Thurlow and Cattanach, JJ. and Hyde, D.J.

April 16, 1974.

Summary:

This application arose out of a decision by the National Energy Board to grant an export license to the Hydro Electric Power Commission of Ontario. The application for leave to appeal to the Federal Court of Appeal was made by the intervenor, the Consumers' Association of Canada pursuant to s. 18 of the National Energy Act. The intervenor alleged that the board exceeded its jurisdiction when it failed to measure the "social cost" to the public that would result from the increase in coal generated power.

See also the decision of the Court of Appeal reported in this volume with respect to a written application for leave to appeal pursuant to Rule 324 of the Federal Court Rules with respect to the same export permit.

The Federal Court of Appeal dismissed the application for leave to appeal. The Federal Court of Appeal stated that the application for leave to appeal did not raise any serious questions of law. The Federal Court of Appeal stated that there was evidence upon which the board could have arrived at its decision that the price to be charged was "just and reasonable in relation to the public interest" pursuant to s. 83(b) of the National Energy Board Act. The Federal Court of Appeal stated that the decision of the National Energy Board was not based on any error of law - see paragraph 2. The Federal Court of Appeal stated that the National Energy Board did not ignore the environmental impact which would result from the granting of the license - see paragraph 32.

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 the application by the intervenor for leave to appeal - The Federal Court of Appeal stated that it was not satisfied that the decision of the board involved any question of law that was fairly arguable - The Federal Court of Appeal stated that there was evidence before the board on which it could have arrived at its decision and that the decision of the board was not based on any error of law.

Cases Noticed:

Aly v. M.M.I., [1971] F.C. 540, folld. [para. 1].

Statutes Noticed:

National Energy Board Act, R.S.C. 1970, c. N-6, sect. 83(b) [para. 23].

Interpretation Act, R.S.C. 1970, c. I-23, c. 32(2) [para. 25].

Counsel:

G. Henderson, Q.C. and A.J. Roman, for the applicants;

J.T. Weir, Q.C., for Hydro Electric;

I. Blue, for the National Energy Board;

M. Manning, for Her Majesty Queen in right of the Province of Ontario (Minister of Energy for Ont.).

This application was heard by the Federal Court of Appeal at Ottawa, Ontario, on April 10 and 11, 1974. Judgment was delivered on April 16, 1974 and the following reasons for judgment were filed:

THURLOW, J. - see paragraphs 1 to 5;

CATTANACH, J. - see paragraph 6;

HYDE, D.J. - see paragraphs 7 to 33.