The appellant appealed a motions judge's decision dismissing its claim against the respondents.
The motions judge found that the Ontario Energy Board had exclusive jurisdiction over the dispute, which centered on whether the respondent breached its license by failing to apply the Distribution System Code.
The Court of Appeal agreed that the fundamental issue—whether an agreement existed prior to November 1, 2000—was within the Board's exclusive jurisdiction under the Ontario Energy Board Act.
The action was deemed an attempt to circumvent the Board's decision, and the appeal was dismissed.
