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Municipality's right to purchase gas system does not arise if OEB extends the franchise agreement.
The appellant gas company appealed a declaration that the respondent municipality's right to purchase the gas distribution system arose upon the expiry of the 20-year term of their franchise agreement.
The Court of Appeal allowed the appeal, holding that the franchise agreement explicitly made the municipality's right to purchase subject to section 10 of the Municipal Franchises Act.
Under section 10, the Ontario Energy Board has the power to renew or extend the franchise.
Therefore, the franchise does not terminate, and the municipality's right to purchase does not arise, if the Board orders an extension.
Leave to appeal OEB decision not required due to paramountcy of Ontario Energy Board Act.
The City of Kingston sought leave to appeal a decision of the Ontario Energy Board regarding the renewal of Union Gas Ltd.'s franchise to operate a gas distribution system in the former Township of Pittsburgh.
The City also sought a stay of the OEB's order and an expedited hearing.
The court held that under the Ontario Energy Board Act, 1998, the City had a statutory right of appeal without needing leave, as its provisions overrode the leave requirement in the Municipal Franchises Act.
The court granted a partial stay of the OEB's order pending the appeal but denied the request for an expedited hearing before a single judge.
Expert tribunal decisions on mixed law and fact are reviewable on a standard of reasonableness simpliciter.
The Director of Investigation and Research applied for an order requiring Southam to divest itself of several community newspapers, alleging the acquisitions substantially lessened competition in the print advertising market.
The Competition Tribunal found a substantial lessening of competition only in the real estate print advertising market on the North Shore and ordered divestment of either the North Shore News or the Real Estate Weekly.
The Federal Court of Appeal overturned the Tribunal's market definition on the merits but upheld the remedy.
The Supreme Court of Canada allowed the appeal on the merits, establishing that the Tribunal's decisions on questions of mixed law and fact are subject to a standard of reasonableness simpliciter due to its economic expertise, and restored the Tribunal's original decision.
The appeal on the remedy was dismissed.
