The court hears arguments in case #29052, Gordon Garland v. Enbridge Gas Distribution Inc., previously known as “The Consumers’ Gas Company Limited,” on October 9, 2003.
The Consumers’ Gas Company Limited, now known as Enbridge Gas Distribution Inc., charged Gordon Garland late-payment penalties between 1983 and 1995. Mr. Garland launched a class-action lawsuit against the gas company, claiming that those penalties amounted to charging a criminal rate of interest. The case was eventually appealed to the Supreme Court of Canada, which ruled in 1998 that the late-payment penalties violated section 347 of the Criminal Code. Enbridge subsequently argued that it was not obligated to refund the penalties. The Ontario Court of Appeal agreed, a decision Mr. Garland is appealing to the Supreme Court.
Lawyer Fred Cass presents arguments on behalf of Enbridge Gas Distribution Inc. Lawyer Thomson Irvine presents arguments on behalf of the Attorney General of Saskatchewan, an intervener in the case. Lawyer Alan Mark presents arguments on behalf of Toronto Hydro-Electric Systems Limited, an intervener in the case.