The appellant appealed a decision of the Ontario Energy Board imposing a $155,000 administrative penalty for contraventions of the Energy Consumer Protection Act, 2010 related to the marketing of energy contracts.
On appeal, the appellant argued for the first time that the Board lost jurisdiction because the penalty was imposed outside the two-year limitation period in s. 112.5(2) of the Ontario Energy Board Act, 1998.
The Divisional Court declined to exercise its discretion to hear the new limitation period issue, finding it would benefit from the specialized tribunal's interpretation and required factual findings.
The Court also dismissed the appellant's arguments that the Board misapprehended evidence and improperly found systemic training deficiencies, concluding there were no errors of law or jurisdiction.
