Toronto Hydro-Electric System Ltd. v. Ontario Energy Board [Indexed as: Toronto Hydro-Electric System Ltd. v. Ontario (Energy Board)]
93 O.R. (3d) 380
Ontario Superior Court of Justice,
Divisional Court,
Lederman, Kiteley and Swinton JJ.
September 9, 2008
Public utilities -- Electricity -- Ontario Energy Board -- Jurisdiction -- Ontario Energy Board not having express or implied jurisdiction to impose conditions on authority of directors of regulated business as to declaration of dividends -- Board exceeding its jurisdiction by requiring, as condition of setting electricity distribution rates, that any dividend paid by Toronto Hydro-Electric System Ltd. be approved by majority of its independent directors -- Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sch. B, ss. 23(1), 78(3). [page381]