Maureen Helt

The City of Hamilton appealed a decision of the Ontario Energy Board denying a request to update the load profile for the street lighting class to reflect reductions from an LED conversion program.

The City argued the Board failed to provide adequate reasons and failed to implement provincial energy conservation policies.

The Divisional Court dismissed the appeal, finding that the Board's refusal to selectively update load profiles without data for all classes was reasonable and grounded in fairness, and did not conflict with provincial conservation policies.

Commercial appeal arising from a terminated joint venture funding agreement for the acquisition of Greek mines.

The Court of Appeal held that no fiduciary duty survived termination of the parties' arm's-length commercial agreement, but upheld findings that the respondent group provided confidential information, that the appellant misused that information in acquiring the property, and that the confidentiality agreement and common law duty of confidence were enforceable.

The court refused to admit fresh evidence under the Palmer test and dismissed a non-party motion to set aside the judgment based on alleged ownership of the information.

The remedy awarding a 12 per cent carried interest plus a further 12 per cent participating interest was upheld, while both the main appeal and cross-appeal were dismissed.