Northland Fisheries Ltd. v. Motor Transport Board (Man.) et al., (1980) 5 Man.R.(2d) 91 (CA)

• Judge: Matas, J.A.
• Court: Court of Appeal (Manitoba)
• Case Date: March 17, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 5 Man.R.(2d) 91 (CA)

Northland Fisheries v. Motor Trans. (1980), 5 Man.R.(2d) 91 (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

In Chambers

Matas, J.A.

March 17, 1980.

Summary:

This headnote contains no summary.

Note: For preceding and subsequent cases in this matter see 2 Man.R.(2d) 15 and 5 Man.R.(2d) 100.

Administrative Law - Topic 6127

Judicial review - Statutory appeals - Leave to appeal - Question of law or jurisdiction - A carrier applied for leave to appeal from a decision of the Manitoba Motor Transport on several grounds - The Manitoba Court of Appeal granted leave to appeal on certain of the grounds, which constituted questions of law, but refused leave to appeal on other grounds, which constituted questions of fact or criticism of the board's reasoning, but not questions of law.

Statutes Noticed:

Public Utilities Board Act, C.C.S.M., c. P-280, sect. 58(5) [para. 4].

Counsel:

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

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

B.W. Drever, for the respondent/respondent The Motor Transport Board;

R.B. McNicol, for the respondent/respondent Swan River-The Pas Transfer Ltd.;

H.K. Irving, Q.C., for the respondent/respondent Paul's Hauling Ltd.

This case was heard in chambers before MATAS, J.A., of the Manitoba Court of Appeal, who delivered the following judgment on March 17, 1980: