Public Utilities Board (Nfld.) v. Flynn (Ron) Transport Ltd., (1986) 59 Nfld. & P.E.I.R. 263 (NFPC)

JudgeLuther, P.C.J.
CourtNewfoundland and Labrador Provincial Court (Canada)
Case DateJanuary 22, 1986
JurisdictionNewfoundland and Labrador
Citations(1986), 59 Nfld. & P.E.I.R. 263 (NFPC)

PUB v. Flynn Transport (1986), 59 Nfld. & P.E.I.R. 263 (NFPC);

    178 A.P.R. 263

MLB headnote and full text

Board of Commissioners of Public Utilities v. Ron Flynn Transport Ltd.

(1985 No. 2159)

Indexed As: Public Utilities Board (Nfld.) v. Flynn (Ron) Transport Ltd.

Newfoundland Provincial Court

District of Corner Brook

Luther, P.C.J.

January 22, 1986.

Summary:

The defendant Ron Flynn Transport Ltd. was licenced under the Motor Carrier Act to carry freight and garbage within the Corner Brook area. On May 31, 1985, pursuant to an oral agreement, the defendant leased a bus to Newfoundland Tractor and Equipment Co. Ltd. to transport passengers to a demonstration site. An employee of the defendant was the volunteer driver of the bus and the owner of the defendant company was a passenger on the bus. The defendant was charged with operating a bus as a public service vehicle contrary to the Motor Carrier Act.

The Newfoundland Provincial Court dismissed the charge.

Carriers - Topic 1690

Licensing - Offences - Leasing - The defendant company was licenced under the Motor Carrier Act to carry freight and garbage - The defendant leased a bus to another company to carry passengers to a demonstration site - An employee of the defendant was the volunteer driver of the bus and the owner of the defendant company was a passenger on the bus - The defendant was charged with operating a public service vehicle contrary to the Motor Carrier Act - The Newfoundland Provincial Court dismissed the charge - The court discussed the elements necessary to constitute a leasing offence under s. 4A of the Motor Carrier Act - See paragraphs 7 to 11 - The court held that there was no evidence that the defendant exercised any control over the bus or the driver - See paragraph 9.

Statutes Noticed:

Motor Carrier Act, R.S.N. 1970, c. 242, sect. 18 [para. 1].

Motor Carrier Amendment Act, S.N. 1974, c. 78, sect. 4A [para. 7]; sect. 32(1) [para. 1].

Counsel:

Dennis Brown, for the board;

Ron Flynn, for Ron Flynn Transport Limited.

This case was heard before Luther, P.C.J., of the Newfoundland Provincial Court, who delivered the following judgment on January 22, 1986:

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT