Municipal Electric Association v. Environmental Assessment Board (Ont.), (1992) 54 O.A.C. 275 (DC)

• Judge: Hartt, Montgomery and Carruthers, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: February 03, 1992
• Jurisdiction: Ontario
• Citations: (1992), 54 O.A.C. 275 (DC)

Municipal Electric v. Env. Assess. Bd. (1992), 54 O.A.C. 275 (DC)

MLB headnote and full text

Municipal Electric Association (applicant) v. The Environmental Assessment Board (respondent)

(No. 198/91)

Indexed As: Municipal Electric Association v. Environmental Assessment Board (Ont.)

Ontario Court of Justice

Divisional Court

Hartt, Montgomery and Carruthers, JJ.

February 3, 1992.

Summary:

The Environmental Assessment Board conducted hearings into Ontario Hydro's demand/supply report. The Board made an interim ruling that Energy Probe's alternative to Ontario Hydro's report was reasonable and should be investigated. Municipal Electric Association applied for judicial review of the interim ruling.

The Ontario Divisional Court dismissed the application.

Administrative Law - Topic 9068.1

Boards and tribunals - Jurisdiction of particular boards - Environmental Assess­ment Board (Ont.) - The Environmental Assessment Board commenced hearings into Ontario Hydro's 25 year plan for the supply of energy - Energy Probe pro­posed, inter alia, privatization - The Board granted Energy Probe intervenor status and made an interim decision that it was pre­pared to hear evidence of the proposals although they were not an alternative to Hydro's plan - Distributors of energy within the province sought judicial review of the interim decision - The Ontario Divisional Court held that the Board acted within its jurisdiction and that its decision was not patently unreasonable or unfair.

Statutes Noticed:

Environmental Assessment Act, R.S.O. 1980, c. 140, generally [para. 10]; sect. 5(3) [para. 14]; sect. 12(2) [para. 1].

Intervenor Funding Project Act, S.O. 1988, c. 71, generally [para. 15]; sect. 3 [para. 15].

Power Corporation Act, R.S.O. 1980, c. 384, generally [para. 8].

Public Utilities Act, R.S.O. 1980, c. 423, generally [para. 6].

Counsel:

Alan Mark and Reginald Watson, for Municipal Electric Association;

M. Harpur, for Environmental Assessment Board;

Mark Mattson and Theresa McClenaghan, for Energy Probe Research Foundation;

David Poch and David Starkman, for Co­alition of Environmental Groups;

Jay Sheppard and Ian Mondrow, for Ind. Power Prod. Society;

J.M. Rodger, for Association of Major Power Const. in Ontario;

J.F. Howard, Q.C., for Ontario Hydro;

B.B. Campbell and Pat Moran, for Attor­ney General of Ontario.

This application was heard on January 14 and 15, 1992, before Hartt, Montgomery and Carruthers, JJ., of the Ontario Divisional Court. On February 3, 1992, the following judgment was delivered by the court.