Robert Ryan

The applicant sought a writ of mandamus compelling an electricity distributor to deliver electricity usage bills by courier and to refrain from alleged intimidation and criminal conduct.

The court considered the statutory framework governing electricity distribution, including the Distribution System Code issued under the Ontario Energy Board Act, which provides that bills may be issued by mail or electronically with customer consent.

The court held that the term “mail” in the Code refers to the ordinary postal system and does not include courier delivery.

The applicant’s personal dispute with Canada Post did not alter the distributor’s statutory obligations.

The court further found no evidentiary basis to order the respondent to refrain from alleged intimidation or threats.

The defendants brought a motion for summary judgment dismissing a civil claim alleging conspiracy relating to vehicle brake repairs and allegedly inflated pricing for brake disc/rotors.

The plaintiff alleged that the defendants conspired to overcharge for parts and to conceal a warped rotor by loosening a wheel bearing, seeking compensatory and punitive damages.

The court held that the tort of civil conspiracy requires proof of an agreement and resulting damages, as articulated in Canada Cement LaFarge Ltd. v. British Columbia Lightweight Aggregate Ltd. The evidentiary record contained no evidence of any agreement among the defendants or of damages arising from the alleged conspiracy.

Summary judgment was therefore granted dismissing the conspiracy claims, while the remaining repair-related claims were allowed to proceed to trial.