Northland Fisheries Ltd. v. Motor Transport Board (Man.) et al., (1980) 5 Man.R.(2d) 100 (CA)

• Judge: Freedman, C.J.M., Monnin and Matas, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: July 22, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 5 Man.R.(2d) 100 (CA)

Northland Fisheries v. Motor Trans. (1980), 5 Man.R.(2d) 100 (CA)

MLB headnote and full text

Northland Fisheries Ltd. v. Motor Transport Board, Gardewine & Sons Limited, Swan River-The Pas Transfer Ltd. and Paul's Hauling Ltd.

Indexed As: Northland Fisheries Ltd. v. Motor Transport Board (Man.) et al.

Manitoba Court of Appeal

Freedman, C.J.M., Monnin and Matas, JJ.A.

July 22, 1980.

Summary:

This case arose out of an application by Northland Fisheries Ltd. to the Manitoba Motor Transport Board for an extension of its authority to transport freight in northern Manitoba. After Northland submitted its application to the Board, the Board changed certain of its previous orders and amended the licences of Northland's competitors. Both acts affected Northland's pending application, which the Board subsequently denied. Northland appealed.

The Manitoba Court of Appeal, Monnin, J.A., dissenting, allowed the appeal and set aside the Board's order on the ground that the Board acted unfairly toward Northland in making changes which affected its application. The Court of Appeal ordered a new hearing. See 2 Man.R.(2d) 15. Without calling further evidence the Board again dismissed Northland's application. Northland was granted leave to appeal on certain questions of law by the Manitoba Court of Appeal in Chambers in a judgment reported 5 Man.R.(2d) 91.

On the appeal the Manitoba Court of Appeal dismissed the appeal and held that the Board's decision was within its discretionary power.

Administrative Law - Topic 6164

Judicial review - Statutory appeals - Grounds for review - Error of law - General - The Manitoba Court of Appeal held that bad faith on the part of an administrative tribunal would constitute an error of law, but found that no bad faith was demonstrated - See paragraph 10.

Administrative Law - Topic 6205

Judicial review - Statutory appeals - Scope of review - Administrative discretion - A carrier successfully appealed to the Manitoba Court of Appeal from a decision of the Manitoba Motor Transport Board - The Court of Appeal ordered a new hearing on the carrier's application - Without hearing further evidence the Board again denied the carrier's application - The carrier appealed - The Court of Appeal dismissed the appeal and held that the Board's decision was within its discretionary power.

Cases Noticed:

Union Gas Company of Canada Limited v. Sydenham Gas and Petroleum Company Limited, [1957] S.C.R. 185, appld. [para. 6].

Canadian Transport Commission v. Worldways Airlines Ltd., [1976] 1 S.C.R. 751, appld. [para. 6].

Northwestern Utilities Limited and The Public Utilities Board of the Province of Alberta v. The City of Edmonton, [1979] 1 S.C.R. 684; 23 N.R. 565; 12 A.R. 449, appld. [para. 8].

Statutes Noticed:

Highway Traffic Act, C.C.S.M., c. H-60, sect. 263(2) [para. 3].

Counsel:

S. Green, Q.C., for the applicant/appellant;

H.K. Irving, Q.C., for the respondent/respondent Gardewine & Sons;

J.E. Foran, for the respondent/respondent Motor Transport Board;

W.G. Ryall, for the respondent/respondent Swan River-The Pas.

This case was heard on May 26, 1980, at Winnipeg, Manitoba, before FREEDMAN, C.J.M., MONNIN and MATAS, JJ.A., of the Manitoba Court of Appeal.

On July 22, 1980, MATAS, J.A., delivered the following judgment for the Court of Appeal: