Law360 Canada ( February 12, 2026, 9:42 AM EST) -- Appeal by West Whitby Landowners Group Inc. (WWLG) from a decision of Divisional Court dismissing its application for judicial review from the Ontario Energy Board. The respondent, Elexicon Energy Inc. (Elexicon), was the licensed monopolist that distributed electricity in Whitby. WWLG and Elexicon negotiated an Offer to Connect (the Connection Agreement) where Elexicon would provide electricity to new subdivisions through a substation called MS16. The parties could not agree as to whether MS16 was an expansion or an enhancement thus the Connection Agreement contained a provision that referred this determination to the Ontario Energy Board (the OEB) and agreed to be bound by the result. In a letter, the OEB decided that MS16 was an expansion. WWLG asked it to reconsider and hold a full hearing, but the OEB confirmed its earlier analysis by way of another letter. WWLG brought an application for judicial review to the Divisional Court, arguing that it was denied procedural fairness and that the OEB’s decision was substantively unreasonable. The Divisional Court dismissed the application, concluding that it lacked jurisdiction on the grounds that the OEB had not exercised a statutory power of decision. WWLG then brought an application to the Superior Court of Justice while Elexicon brought a motion to dismiss the application as an abuse of process. The motion judge granted Elexicon’s motion. On appeal, WWLG raised issues with the Divisional Court’s finding of lack of jurisdiction, and the Superior Court’s decision that its application was an abuse of process....