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ARTICLE · 30 JULY 2013

Ontario Energy Board's Power To Order Restitution Confirmed

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The Divisional Court has recently confirmed that the Ontario Energy Board ("OEB") may order a party which has contravened an "enforceable provision" to pay restitution to those affected by the breach. The case involved retail energy marketing but appears to support broad remedial powers across a wide range of the OEB's regulatory mandate.

CanadaEnergy and Natural Resources
Neil Campbell
Neil Campbell
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The Divisional Court has recently confirmed that the Ontario Energy Board ("OEB") may order a party which has contravened an "enforceable provision" to pay restitution to those affected by the breach. The case involved retail energy marketing but appears to support broad remedial powers across a wide range of the OEB's regulatory mandate.

The Summitt Energy case

Summitt Energy Management Inc. v Ontario Energy Board1 was an appeal of an OEB order against Summitt with respect to its door-to-door sales activities. After investigating complaints into Summitt's business practices, the OEB held a hearing and found that Summitt was responsible for the acts of five agents in respect of 43 contraventions of the Ontario Energy Board Act, 19982 (the "Act").3

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