Reimer Express Lines Ltd., Re, (1974) 7 N.R. 32 (FCA)

• Judge: Jackett, C.J., Pratte, J. and Hyde, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: December 12, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 7 N.R. 32 (FCA)

Reimer Express Lines Ltd., Re (1974), 7 N.R. 32 (FCA)

MLB headnote and full text

Re Reimer Express Lines Ltd.

Indexed As: Reimer Express Lines Ltd., Re

Federal Court of Appeal

Jackett, C.J., Pratte, J. and Hyde, D.J.

December 12, 1974.

Summary:

This appeal arose out of an application by the Attorney General for the Province of Quebec for a review of an order made by the Canadian Transport Commission. The Canadian Transport Commission granted a cartage company an exemption under the Lord's Day Act because the work of the cartage company was a work of necessity. The Attorney General for the Province of Quebec applied for a review of the exemption order under s. 28 of the Federal Court Act. Section 28 states: "Notwithstanding Section 18 or the provisions of any other Act, the Court of Appeal has jurisdiction to hear and determine an application to review and set aside a decision or order, other than a decision or order of an administrative nature not required by law to be made on a judicial or quasi-judicial basis, made by or in the course of proceedings before a federal board, commission or other tribunal upon the ground that the board, commission or tribunal (a) failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; (b) erred in law in making its decision or order, whether or not the order appears on the face of the record; or (c) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it." The Federal Court of Appeal dismissed the application by the Attorney General for the Province of Quebec and stated that it did not have jurisdiction to review the exemption order of the Canadian Transport Commission because it was an administrative order.

Courts - Topic 4085

Federal Court of Canada - Jurisdiction of the Federal Court of Appeal - Decisions of boards and commissions - The Canadian Transport Commission granted a cartage company an exemption under the Lord's Day Act because the work of the company was a work of necessity - The Federal Court of Appeal dismissed an application by the Attorney General for the Province of Quebec for a review of the exemption order - The application for review was made under s. 28 of the Federal Court Act - The Federal Court of Appeal held that it did not have jurisdiction to review the exemption order because it was an administrative order.

Administrative Law - Topic 1031

Classification of powers - Powers classified as administrative - The Canadian Transport Commission granted a cartage company an exemption under the Lord's Day Act because the work of the cartage company was a work of necessity - The Federal Court of Appeal classified the order of the Canadian Transport Commission as an administrative order.

Cases Noticed:

Memorial Gardens Association Ltd. v. Colwood Cemetery Co., [1958] S.C.R. 353, folld. [para. 3].

Statutes Noticed:

Lord's Day Act, R.S.C. 1970, c. L-13, sect. 11(x) [para. 2].

Federal Court Act, R.S.C. 1970, 2nd Supp., c. 10, sect. 28(1).

Counsel:

Ross Goodwin, for the appellant;

C.D. MacLeod, for Reimer Express Line Ltd.;

P. Deniger, for Canadian Transport Commission - the respondents;

D. Burtnick, for Minister of Transportation & Communications for the Province of Ontario;

B.A. Crane, for Canadian Trucking Association;

J. Reid, for Canadian Automobile Association - intervenors before Canadian Transport Commission.

This application was heard by the Federal Court of Appeal at Ottawa, Ontario on December 10, 11 and 12, 1974. Judgment was delivered from the bench by the Federal Court of Appeal at Ottawa, Ontario on December 12, 1974.

The judgment of the Federal Court of Appeal was delivered by PRATTE, J.