Michelle A. Flaherty

The appellant, having been successful in obtaining the dismissal of the motion by the Attorney General to quash the stated case, in obtaining leave to appeal, and on the appeal itself, sought costs.

The Court of Appeal awarded costs to the appellant payable by the Attorney General on a partial indemnity basis.

Recognizing that the central issue was addressed three times and was not unduly complex, the court fixed a global amount of $18,000 for fees and $5,000 for disbursements.

The Ontario Energy Board stated a case to the Divisional Court regarding the applicability of O. Reg. 365/00 to applications under s. 92 of the Ontario Energy Board Act, 1998.

The Divisional Court quashed the stated case, finding the Board was functus officio, had not made necessary findings of fact, and lacked jurisdiction to ask if a regulation is valid.

The Court of Appeal allowed the appeal, holding that s. 32(1) allows the Board to state a case even if not tied to a pending application, does not strictly require prior findings of fact, and permits questions regarding the boundaries of the Board's jurisdiction.