The appellant, an environmental advocacy group, appealed decisions of the Ontario Energy Board granting leave to construct four natural gas projects.
The appellant argued that the Board erred in law and breached procedural fairness by denying its requests to file proposed survey and expert evidence and to convene a technical conference.
The Divisional Court dismissed the appeal, finding that the Board applied the correct legal test by balancing the probative value of the evidence against regulatory efficiency.
Applying the Baker factors, the Court held that the appellant, as an intervenor, was owed a duty of fairness at the lower end of the spectrum, and the Board's procedural choices did not amount to a denial of natural justice.
