Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
39347
Hutchingame Growth Capital Corporation v. Independent Electricity System Operator
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-03-05 | Close file on Leave | |
| 2021-01-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-01-22 | Judgment on leave sent to the parties | |
| 2021-01-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C66553, 2020 ONCA 430, dated July 2, 2020, is dismissed with costs. Dismissed, with costs |
|
| 2020-12-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-11-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-11-20, (Printed version filed on 2020-11-23) | Hutchingame Growth Capital Corporation |
| 2020-11-13 | Certificate (on limitations to public access), (Letter Form) | Independent Electricity System Operator |
| 2020-11-13 | Notice of name, (Letter Form) | Independent Electricity System Operator |
| 2020-11-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-11-13, (Printed version filed on 2020-11-18) | Independent Electricity System Operator |
| 2020-10-16 |
Correspondence received from, (Letter Form), Court Order Form estimate as to when court order will be filed: 2020/11/15 |
Hutchingame Growth Capital Corporation |
| 2020-10-16 | Correspondence received from, (Letter Form), Ms. Siobhan Morris will act as counsel, along with Mr. Conway | Independent Electricity System Operator |
| 2020-10-14 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 10/14/20 | |
| 2020-09-30 | Certificate (on limitations to public access), (Letter Form) | Hutchingame Growth Capital Corporation |
| 2020-09-30 | Notice of name, (Letter Form) | Hutchingame Growth Capital Corporation |
| 2020-09-30 | Application for leave to appeal, (Book Form), Missing: CA Order (rec'd 2020/10/20), Completed on: 2020-10-20 | Hutchingame Growth Capital Corporation |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Hutchingame Growth Capital Corporation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Independent Electricity System Operator | Respondent | Active |
Counsel
Party: Hutchingame Growth Capital Corporation
Counsel
Cory Giordano
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Independent Electricity System Operator
Counsel
Siobhan Morris
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2011
FAX: (613) 688-0271
Email: tconway@conway.pro
Agent
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 691-0368
FAX: (613) 688-0271
Email: dtaylor@conway.pro
Summary
Keywords
Contracts — Commercial contracts — Breach of contract — Automatic termination provisions — Bankruptcy and insolvency — Contract dispute over a failed renewable energy project — To what extent can contracting parties agree to non application of automatic termination provisions contained in contract — Whether the automatic termination provisions of the contract violate Bankruptcy and Insolvency Act, R.S.C. 1985, c. B 3, ss. 69.3 and 84.1 and/or the “anti deprivation rule”.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The issues here arise from a contract dispute over a failed renewable energy project that was to be built and operated by Greenview Power. (The applicant, Hutchingame Growth Capital Corporation (“HGC”) later purchased some of Greenview Power’s secured debt and assumed its effective control.) The project was to generate and supply electricity to the Ontario Power Authority. The respondent, the Independent Electricity System Operator (“IESO”), is the Authority’s successor. IESO took the position that the Renewable Energy Standard Offer Program Contract (“RESOP Contract”) had terminated upon Greenview Power’s bankruptcy under the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B 3. HGC brought this action seeking damages of $4,796,479.41 from IESO, claiming breach of contract, negligent misrepresentation, and breach of the duty of good faith. The trial judge dismissed the action. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
2019 ONSC 259, CV-15-66152
Action against Independent Electricity System Operator dismissed.
Court of Appeal for Ontario
2020 ONCA 430, C66553
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available