The applicant, West Whitby Landowners Group Inc. (WWLG), brought an application seeking the court to decide a dispute with Elexicon Energy Inc. regarding the classification and funding of a municipal electrical substation.
This followed an opinion from the Ontario Energy Board (OEB) siding with Elexicon and the Divisional Court's dismissal of WWLG's judicial review application.
The respondents, Elexicon and the OEB, brought a motion to dismiss WWLG's application.
The court dismissed WWLG's application, finding it constituted an abuse of process as it attempted to relitigate a matter already determined by the OEB, and further, that the OEB had exclusive jurisdiction over the subject matter concerning compliance with the Distribution System Code.
