Dispute: WWLG and Elexicon disagreed on who should pay for a municipal electrical substation needed for new residential subdivisions. The issue was whether the substation was an enhancement or an expansion of the existing grid.
Offer to Connect Agreement: The agreement required disputes to be referred to the OEB. The OEB sided with Elexicon, classifying the substation as an expansion, making WWLG responsible for the costs.
Judicial Review: The Divisional Court dismissed WWLG’s application for judicial review, ruling that the OEB's opinion was not a statutory decision and therefore not subject to judicial review.
Current Application: WWLG argued that Elexicon and the OEB had changed their positions but sought the court’s decision on the matter.
Court's Analysis:
Jurisdiction: The court confirmed its ability to dismiss applications under Rule 21.01(3).
Abuse of Process: The court found WWLG’s application an attempt to relitigate a matter already decided, constituting an abuse of process.
Exclusive Jurisdiction: The court ruled that the OEB had exclusive jurisdiction over the issue under the Ontario Energy Board Act, 1998.
Outcome:
The application was dismissed for abuse of process and lack of jurisdiction.
The court suggested parties settle costs independently or submit written arguments if unable to agree.
