Phil Tunley successfully represents Ontario Energy Board before Divisional Court in three judicial review proceedings

Stockwoods partner Phil Tunley successfully acted for the Ontario Energy Board  in three very recent decisions of the Divisional Court.

In the first matter, Phil acted as Compliance Counsel for the Board at trial and on an appeal by Summitt Energy Management from a decision of the Board finding against Summitt on 19 consumer complaints of misrepresentation in its door-to-door sales of long term energy contracts.  As such, he supported a motion by the Board to stike two summonses issues by Summitt to a member of the Board Panel that decided the case, and to the lawyer who acted as independent legal counsel to that Panel.  On May 8, 2012, Justice Perell, sitting as a single judge of the Divisional Court granted the motion and struck the two summonses.

This week, Phil also acted with Justin Safayeni as counsel to the Board responding to a judicial review by Pollution Probe of the Board’s 2011 Demand Side Management Guidelines for Gas Distributors, and on an appeal by Goldcorp Canada Inc. from a decision of the Board regarding the proper procedures for hearing Goldcorp’s challenge to the validity of provisions of the Board’s Transmission System Code.  On June 4, 2012, the Court dismissed Pollution Probe’s challenge as moot on a preliminary motion on behalf of the Board.  Then on June 5, 2012, the Court dismissed Goldcorp’s appeal.