For Immediate Release
2003-03-27
CITY DISAPPOINTED WITH SUPREME COURT DECISION
Supreme Court of Canada has dismissed the City of Kingston's Leave to Appeal Application regarding the Union Gas
Franchise Agreement.
The Supreme Court of Canada announced earlier today that it would not hear an appeal from the City of Kingston.
The City was asking the nation's highest court for permission to hear their appeal against the decision of the Ontario
Energy Board (OEB) to uphold the continuation of the Union Gas franchise agreement. The franchise agreement is for the
supply of natural gas service to about 2,000 customers in the former Pittsburg Township which, since amalgamation, is
now within City boundaries.
Union Gas, a giant multi-national private gas supplier in Ontario, has fought to keep the pipes and profits. The City
has been attempting to assume the responsibility for the franchise area and has sought to appeal previous rulings at the
Ontario Energy Board, Divisional Court and, recently, the Ontario Court of Appeal which upheld the OEB's decision.
That left the Supreme Court as one of the last legal avenues for the City. City Council decided to proceed with a leave
to appeal application and a written submission was filed in Ottawa December 9, 2002.
The Supreme Court's reasons for its decision for refusing to hear the appeal are not available until tomorrow. "Of
course we're disappointed," said Bert Meunier, City of Kingston CAO. "This could bring us to the end of a very long
legal road that we believe negatively impacts our community."
In its application to the Supreme Court, the City's lawyers on the appeal, Borden, Ladner, Gervais argued that the case
raised issues of fairness on the basis that the Union Gas franchise, if allowed to continue, becomes a perpetual
monopoly.
The City has argued that its gas company, Utilities Kingston, provides gas customers with cheaper rates, more local
accountability and keeps gas profits within the city.
For further information contact:
Bert Meunier
CAO City of Kingston
Phone: 546-4291 ext. 1245
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