The PUC has suffered a serious setback in the Supreme Court. It's a case stemming from a PUC decision one year ago to charge Speednet spectrum fees dating back to 2010. These fees arose after the CCJ said that the PUC had unlawfully charged Speednet three quarter million dolalrs in fees. But before it could pay a refund the PUC came up with new fees to offset what it would have had to pay back.
Speednet's attorney Eamon Courtenay applied for judicial review of that decision, and a stay of that decision and Justice Michelle Arana granted it.
Courtenay argued successfully that the PUC had failed to update its regulations.
Justice Arana was not gentle in her assessment of the PUC's conduct. In her 32 page judgement, she said "the PUC, not having carried out its own statutory duty…cannot therefore at this juncture legally demand fees form Speednet as it is not in a position to do so….it has to first get its own house in order and do what it was legally required to do years ago under the act and regulation."
She found in favour of Speednet and awarded costs.
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