Greyhound Lines of Canada Ltd. v. Motor Transport Board, Provincial Treasurer et al., (1977) 6 A.R. 500 (CA)

• Judge: Clement, Prowse and Moir, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: October 17, 1977
• Citations: (1977), 6 A.R. 500 (CA)

Greyhound v. Motor Transport Bd. (1977), 6 A.R. 500 (CA)

MLB headnote and full text

Greyhound Lines of Canada Ltd. v. Motor Transport Board, Provincial Treasurer, Diversified Transportation Ltd. and Pacific Western Transportation Ltd.

Indexed As: Greyhound Lines of Canada Ltd. v. Motor Transport Board, Provincial Treasurer et al.

Alberta Supreme Court

Appellate Division

Clement, Prowse and Moir, JJ.A.

October 17, 1977.

Summary:

This case arose out of an application for an order of prohibition. Greyhound Lines applied for an order to prohibit the Alberta Motor Transport Board from hearing an application by two bus lines to extend their service to compete with Greyhound Lines. Greyhound Lines alleged that the relationship of the two bus lines to the Alberta Government and the government's relationship to the Board, raised in the mind of Greyhound Lines a reasonable apprehension of bias. The application by Greyhound Lines to the Alberta Supreme Court, Trial Division, for an order of prohibition was dismissed - see 5 A.R. 463.

On appeal to the Alberta Court of Appeal the appeal was dismissed and the judgment of the Trial Division was affirmed. The Alberta Court of Appeal stated that the relationship of the Board to the Province of Alberta did not subject Greyhound Lines to a reasonable apprehension of bias.

Administrative Law - Topic 2088

Natural justice - Constitution of a board or tribunal - Bias - Reasonable apprehension of bias - Two bus lines applied to the Alberta Motor Transport Board for authorization to extend their bus service to compete with Greyhound Lines - The two applicant companies owed substantial sums to the Alberta Government - The Motor Transport Board was a body corporate which reported annually to the Alberta Legislative Assembly and members of the Board were appointed by the Lieutenant Governor in Council for a term of five years - Greyhound Lines applied to the Alberta Supreme Court for an order of prohibition to prohibit the Board from hearing the applications on the ground that the relationship of the Board to the Province of Alberta raised in the mind of Greyhound Lines a reasonable apprehension of bias - Alberta Court of Appeal affirmed a dismissal of the application by Greyhound Lines - The Alberta Court of Appeal stated that the relationship of the Board to the Province of Alberta did not subject Greyhound Lines to a reasonable apprehension of bias.

Statutes Noticed:

Public Service Vehicles Act, R.S.A. 1970, c. 300, sect. 3, sect. 4, sect. 16, sect. 22, sect. 24 [para. 4].

Counsel:

J.C. Major, Q.C., for the appellant;

B. Karrel, for the Motor Transport Board;

C.R. Henning, for the Provincial Treasurer;

N.C. Wittmann, for Diversified Transportation Ltd. and Pacific Western Transportation Ltd.

This appeal was heard by Clement, Prowse and Moir, JJ.A. The judgment of the Alberta Court of Appeal was delivered by Clement, J.A., at Calgary, Alberta on October 17, 1977.