David Postel

The applicants sought declaratory relief to prevent the Independent Electricity System Operator (IESO) from terminating their Feed-in Tariff (FIT) Contracts for failing to achieve commercial operation by the required milestone date.

The applicants argued that estoppel by convention applied based on a shared assumption that the IESO would grant an 18-month extension.

The court dismissed the application, finding no manifest representation by the IESO to establish a shared assumption, and noted that the entire agreement and waiver clauses in the contracts precluded reliance on past practices.

The applicants, solar power project developers, sought a declaration that the Independent Electricity System Operator (IESO) did not have the right to terminate their Feed-In-Tariff (FIT) contracts for failing to achieve commercial operation by the Milestone Date for Commercial Operation (MCOD).

The IESO had previously waived this right but issued a warning letter revoking past waivers following a government directive to wind down pre-construction energy contracts.

The court applied principles of contractual interpretation and found that the FIT contracts, which included a 'time is of the essence' clause, unambiguously granted the IESO the right to terminate for failure to meet the MCOD.

The application was dismissed.

The self-represented plaintiff brought a motion for contempt against the Children's Aid Society of Toronto, its counsel, and a legal assistant.

The plaintiff alleged contempt based on the transmission of a Pre-disposition Report to the Criminal Injuries Compensation Board, the service of a statement of defence referencing youth court proceedings, and counsel's failure to attend court.

The Superior Court of Justice dismissed the motion, finding that no court order had been breached, the disclosure was made at the plaintiff's request, and the pleadings were privileged and filed under seal.