The applicant sought judicial review of two orders issued by the Independent Electricity System Operator (IESO) imposing sanctions and financial penalties for alleged non-compliance with Market Rules.
The applicant brought a motion to stay the orders pending judicial review, while the IESO brought a motion to quash the judicial review.
The Divisional Court dismissed the motion to quash regarding the IESO's jurisdiction to create the dispute resolution regime, finding it was not plain and obvious the application would fail.
However, the court granted the motion to quash regarding the allegation of structural bias, as the applicant had not exhausted the alternative remedies available.
The court granted the stay of the orders, finding a serious issue to be tried, irreparable harm, and that the balance of convenience favored the applicant.
