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ARTICLE · 05 SEPTEMBER 2017

OEB Requires Production Of Documents From Expected Witnesses In Enforcement Proceeding

The Ontario Energy Board (OEB) issued a decision on August 28, 2017 with respect to a motion for production of documents and other information in an enforcement proceeding.

CanadaEnergy and Natural Resources

The Ontario Energy Board (OEB) issued a decision on August 28, 2017 with respect to a motion for production of documents and other information in an enforcement proceeding.

The enforcement proceeding was commenced by the OEB when it issued a Notice of Intention to make a compliance order against a licensed electricity retailer and gas marketer. The Notice indicated that the intended compliance order would require the retailer/marketer to take immediate and appropriate measures to ensure that its salespeople comply with applicable requirements, to refund money to affected consumers and to pay an administrative penalty.

The retailer/marketer brought a motion seeking the production of certain documents and other information from "OEB Expected Witnesses". The OEB held an oral hearing on the motion, following which it granted the request for an order requiring production of documents from three OEB Expected Witnesses, but did not grant the request for production of

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