JIESC files EPA appeal with Court of Appeal

Feb 24, 2005

NO CA032700
Vancouver Registry

TAKE NOTICE that Joint Industry Electricity Steering Committee hereby applies for leave to appeal to the Court of Appeal for British Columbia from the orders of the British Columbia Utilities Commission (the "Commission") pronounced January 27, 2005 (No. L-10-05) and February 17, 2005 (No. E-1-05), at Vancouver, British Columbia (the "Orders") pursuant to section 101 of the Utilities Commission Act, R.S.B.C. 1996, c.473 (the "Act").

1. The appeal is from a Order of a Statutory Body

2. If the appeal is from an appeal under Rule 49 or 53 (6) of the Supreme Court Rules, name the maker of the original decision, direction or order. N/A

3. Please identify which of the following is involved in the appeal: Constitutional/Administrative

AND FURTHER TAKE NOTICE that the Court of Appeal will be moved at the hearing of this application for an order that leave to appeal the Orders be granted so the Appellant may proceed with an appeal to have the Orders set aside, or in the alternative, varied.

The grounds of appeal are:

1. The Commission erred by not disqualifying the Panel on the grounds of a reasonable apprehension of bias.

2. The Commission erred by denying procedural fairness and natural justice to the Appellant, particulars of which include:

a. unduly restricting the scope of the hearing;

b. proceeding with undue haste;

c. unreasonably limiting the Appellant's access to confidential documents and other information; and

d. improperly conducting itself during an in-camera session;

3. The Commission erred in law on grounds to be further particularized once the decision for Order E-1-05 is provided to counsel.

4. Such other grounds as counsel may advise.

The hearing of this proceeding occupied X days.

DATED at the City of Vancouver, in the Province of British Columbia, this 24th day of February, 2005.

BULL, HOUSSER & TUPPER
signed Dan Bennett
Solicitors for the Appellant

To the Respondent: British Columbia Utilities Commission
And To its Solicitor: Mr. Gordon A. Fulton

And To the Respondent: British Columbia Hydro and Power Authority
And To its Solicitor: Mr. Chris Sanderson

And To the Respondent: Duke Point Power Limited Partnership
And To its Solicitor: Mr. Loyola Keough

This Notice of Leave to Appeal is filed by Bull, Housser & Tupper, Solicitors for the Appellant ... Attention: Brian Wallace

To the respondent(s):

IF YOU INTEND TO PARTICIPATE in this proceeding, YOU MUST GIVE NOTICE of your intention by filing a form entitled "Notice of Appearance" (Form 2 of the Court of Appeal Rules) in a Court of Appeal registry and serve the notice of appearance on the appellant WITHIN 10 DAYS of receiving this Notice of Appeal.

IF YOU FAIL TO FILE A NOTICE OF APPEARANCE:

(a) you are deemed to take no position on the appeal, and

(b) the parties are not obliged to serve any further documents on you.

Download the complete Notice of Application for Leave to Appeal