Tom Adams

The appellant, a heavy electricity user, challenged the constitutionality of the Global Adjustment component of Ontario's electricity pricing formula, which funds the Feed-in Tariff (FIT) program.

The appellant argued that the FIT program component was a colourable attempt to disguise a tax as a regulatory charge, designed to provide economic stimulus and subsidies to preferred communities (aboriginal peoples, co-operatives, and municipalities) rather than to regulate electricity generation.

The motion judge struck the applications, finding the Global Adjustment was a valid regulatory charge within a closed system.

The Court of Appeal allowed the appeal, finding the appellant's colourability challenge was sufficiently plausible that the applications should not have been dismissed on a pleadings motion and should proceed to a full hearing on the merits.

During the remedy phase of an appeal regarding a Renewable Energy Approval for a wind facility, the appellant brought motions to qualify a witness as an expert, admit new documentary evidence, and control the cross-examination of a respondent's witness.

The Tribunal granted the expert qualification in part, admitted some of the new evidence that was not previously obtainable, and dismissed the motion regarding the cross-examination, finding no improper conduct by opposing counsel.

The appellant brought three motions in an appeal of a Renewable Energy Approval for a wind project.

The motions sought to qualify a witness as an expert and to admit new evidence.

The Environmental Review Tribunal granted the motions in part, qualifying the witness as an energy consultant and admitting specific documents attached to the affidavits of the witness and another expert into evidence, while allowing the respondents to cross-examine the affiants on the newly admitted documents.