Scott Stoll

The appellant appealed a decision of the Ontario Energy Board that renewed its franchise agreement with the Town of Aylmer for a three-year term instead of the requested twenty-year term.

The appellant argued the Board erred in law and jurisdiction by relying on prior orders that were subsequently set aside and by failing to properly consider the public interest and adverse impacts.

The Divisional Court dismissed the appeal, finding that the Board's decision was discretionary and fact-intensive, and the appellant failed to demonstrate any extricable error of law or jurisdiction.

The applicant sought an adjournment of its judicial review application pending the Ontario Energy Board's reconsideration of an earlier decision regarding the applicant's failure to sign an assignment document.

The Divisional Court granted the adjournment, noting that the outcome of the reconsideration could significantly impact the judicial review application.

Costs of $600 each were awarded to the intervenors.