Jean G. Bertrand

The appellant appealed a decision of the Quebec Court of Appeal affirming the dismissal of his application for an injunction and a declaration regarding a proposed sale of shares.

The Supreme Court of Canada dismissed the appeal, agreeing with the Court of Appeal that the appellant did not validly exercise the right of first refusal contained in the Articles of Continuance of Sulconam Inc.

The National Energy Board granted Hydro-Québec licences to export electricity to the United States, subject to conditions requiring environmental assessments of future generating facilities.

The appellants challenged the licences on grounds of inadequate cost-benefit analysis, procedural fairness, breach of fiduciary duty, and infringement of aboriginal rights.

The respondents cross-appealed the imposition of the environmental conditions.

The Supreme Court of Canada held that the Board properly conducted its review, owed no fiduciary duty in its quasi-judicial capacity, and did not infringe aboriginal rights.

Furthermore, the Court found that the Board acted within its jurisdiction under the National Energy Board Act and the EARP Guidelines Order by considering the environmental effects of future facilities and imposing the conditions.