Highway Transport Board (Ont.) v. Ontario Trucking Association et al., (1988) 32 O.A.C. 157 (CA)

• Judge: Brooke, Blair and Finlayson, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: November 21, 1988
• Jurisdiction: Ontario
• Citations: (1988), 32 O.A.C. 157 (CA)

Highway Trans. Bd. v. Trucking Assoc. (1988), 32 O.A.C. 157 (CA)

MLB headnote and full text

Ontario Highway Transport Board (applicant) v. Ontario Trucking Association, Ontario Motor Coach Association, the Honourable Ed Fulton, Minister of Transportation (appellants)

(No. 21/88)

Indexed As: Highway Transport Board (Ont.) v. Ontario Trucking Association et al.

Ontario Court of Appeal

Brooke, Blair and Finlayson, JJ.A.

November 21, 1988.

Summary:

The Federal Parliament proclaimed a new Motor Vehicle Transport Act in January 1988. The Act introduced a new scheme for regulation of interprovincial transport which was fundamentally different from the scheme previously used in Ontario. A stated case was presented to the Divisional Court under s. 21 of the Ontario Highway Transport Board Act, raising four questions respecting the legislation.

The Ontario Divisional Court rendered an opinion on the questions submitted in a decision reported 29 O.A.C. 177. The Minister of Transportation applied for leave to appeal. A motion was filed to quash the application for leave.

The Ontario Court of Appeal allowed the motion to quash the application for leave to appeal. The court held that no appeal lies to the Court of Appeal from an opinion stated under s. 21 of the Highway Transport Board Act.

Carriers - Topic 1429

Provincial legislation - Jurisdiction - Ontario Highway Transport Board Act - Section 21 provided that the Ontario Highway Transport Board could state a case to the Ontario Divisional Court for its opinion on any question of law - The Ontario Court of Appeal held that no appeal lies to the Court of Appeal from an opinion stated under s. 21.

Courts - Topic 7449

Provincial courts - Ontario - Supreme Court - Court of Appeal - Jurisdiction - Appeals from stated cases - [See Carriers - Topic 1429 above].

Statutes Noticed:

Courts of Justice Act, S.O. 1984, c. 11, sect. 17(1)(a) [para. 8].

Ontario Highway Transport Board Act, R.S.O. 1980, c. 338, sect. 21 [paras. 10, 11, 14]; sect. 23(1) [para. 10]; sect. 23(3) [para. 11].

Counsel:

Janet Minor, for the appellant Minister;

Donald J.M. Brown, Q.C., for the appellant Trucking Association;

Robert Warren, for the appellant Motor Coach Association;

Tom Lederer, for the respondent Highway Transport Board.

This motion was heard on November 21, 1988, before Brooke, Blair and Finlayson, JJ.A., of the Ontario Court of Appeal. The following endorsement was released by the court on December 5, 1988: