National Steel Car Limited v. Independent Electricity System Operator

Lerners was co-counsel with Jerome Morse and David Trafford in this appeal from a dismissal of two applications on a Rule 21 motion (2018 ONSC 3845). The applications sought to declare unconstitutional as an unlawful tax that part of every Ontarion’s hydroelectric bill that represents the charges for public policy related initiatives to benefit disadvantaged communities. If ultimately successful, these applications will have enormous consequences for consumers of electricity.