DATE: 20031202

DOCKET: C39920

COURT OF APPEAL FOR ONTARIO

RE:

ROBIN K. LEWIS and RIKA LEWIS (Applicants/Appellants) – and – TORONTO HYDRO-ELECTRIC SYSTEM LIMITED (Respondent/Respondent

BEFORE:

ROSENBERG, MACPHERSON and SHARPE JJ.A.

COUNSEL:

Vusumzi Msi for the appellants

Ira Nishisato and Bethany Anderson for the respondent

HEARD:

November 20, 2003

On appeal from the judgment of Mr. Justice Wilkins of the Superior Court of Justice dated March 25, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] In our view, the appellants do not have an untrammelled or unqualified right to connection pursuant to s. 28 of the Electricity Act because their property can only be accessed over the property of a third party and hence, it does not lie “along any of the lines of the distribution system”. While the conditions of service requiring easements and permitting Toronto Hydro to specify or require terms of such easements do not have the force of statute, in our view, they are reasonable requirements that do not limit or qualify the appellants’ statutory rights. They fall within the purview of the regulatory scheme underlying Toronto Hydro’s licence.

[2] Accordingly, the appeal is dismissed. We also dismiss the motion for leave to appeal costs. Costs of the appeal to the respondent fixed at $7,500 inclusive of disbursements and GST.

“Robert J. Sharpe J.A.”