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.
