Turbo Resources Ltd. v. Rotchell and Provincial Mediation Board (Sask.) (No. 1), (1985) 39 Sask.R. 27 (QB)

• Judge: Walker, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: March 01, 1985
• Jurisdiction: Saskatchewan
• Citations: (1985), 39 Sask.R. 27 (QB)

Turbo Resources Ltd. v. Rotchell (1985), 39 Sask.R. 27 (QB)

MLB headnote and full text

Turbo Resources Limited v. Rotchell and the Provincial Mediation Board

(No. 297 A.D. 1985)

Indexed As: Turbo Resources Ltd. v. Rotchell and Provincial Mediation Board (Sask.) (No. 1)

Saskatchewan Court of Queen's Bench

Walker, J.

March 1, 1985.

Summary:

A landlord sought a writ of possession respecting a tenant's premises. The Provincial Mediation Board (Sask.) issued an order pursuant to s. 14(1) of the Provincial Mediation Board Act prohibiting the landlord for four months from applying to a court for the writ of possession. The landlord applied to quash the board's order.

The Saskatchewan Court of Queen's Bench dismissed the landlord's application to quash.

Administrative Law - Topic 1049

Classification of power or function - Powers or functions classified as administrative - Prohibitory orders - Saskatchewan Provincial Mediation Board - The Board exercised its power under s. 14(1) of the Provincial Mediation Board Act and issued an order prohibiting a landlord from applying to court for a writ of possession of a tenant's premises for four months - The Saskatchewan Court of Queen's Bench held that in making this decision the Board was exercising an administrative function - See paragraphs 7 to 15.

Administrative Law - Topic 2266

Natural justice - Duty of fairness - Procedural fairness - What constitutes - Without notice or a hearing, the Provincial Mediation Board (Sask.) is sued an order prohibiting a landlord from applying to court for four months for a writ of possession respecting a tenant's premises - The landlord sought to quash the order, alleging that the lack of notice and a hearing was a breach of the principles of fundamental justice - The Saskatchewan Court of Queen's Bench in refusing to quash on this ground, held that the Board acted within its jurisdiction under s. 14(1) of the Provincial Mediation Board Act, was exercising an administrative function and there was no lack of fairness - See paragraphs 7 to 15.

Administrative Law - Topic 9066

Boards and tribunals - Jurisdiction of particular boards and tribunals - Mediation boards - Saskatchewan Provincial Mediation Board - The Board issued an order under s. 14(1) of the Provincial Mediation Board Act prohibiting a landlord for four months from applying to a court for a writ of possession respecting a tenant's premises - The Board felt that serious hardship would ensue to the tenant if he and his wife were removed from the premises - The landlord sought to quash the Board's order, alleging that the Board lacked jurisdiction to make such an order - The Saskatchewan Court of Queen's Bench refused to quash on this ground - See paragraphs 1 to 6.

Civil Rights - Topic 1562

Property - Land - Deprivation of - Not in accordance with principles of fundamental justice - The Provincial Mediation Board (Sask.) issued an order under s. 14(1) of the Provincial Mediation Board Act prohibiting a landlord for four months from applying to court for a writ of possession of a tenant's premises - The landlord sought to quash the order, arguing that it violated his right to life, liberty and security as guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms - The Saskatchewan Court of Queen's Bench refused to quash the order on this ground, holding that s. 7 did not apply to property rights and that in any event the prohibition order did not deprive the landlord of property - See paragraph 16.

Cases Noticed:

R. v. Council of Saskatchewan Association of Architects, [1980] 2 W.W.R. 242 (Sask. C.A.), refd to. [para. 7].

Lee Wing and Yee Sui Wing v. Peter Don Chang and Dong Chuk and Provincial Mediation Board, 13 W.W.R.(N.S.) 353 (Sask. C.A.), dist. [para. 10].

Martineau v. Matsqui Institution Disciplinary Board (1979), 30 N.R. 119; 106 D.L.R.(3d) 385 (S.C.C.), refd to. [para. 12].

Re Workers' Compensation Board of Nova Scotia and Coastal Rentals, Sales and Survey Ltd. et al. (N.S.S.C.), refd to. [para. 16].

Re Estabrooks Pontiac Buick Ltd.; New Brunswick, Province of v. Estabrooks Pontiac Buick Ltd. (defendant), Estabrooks (third party claimant) and Wolfe (applicant) (1982), 44 N.B.R.(2d) 201; 116 A.P.R. 201; 144 D.L.R.(3d) 21 (N.B.C.A.), affirming 40 N.B.R.(2d) 42; 105 A.P.R. 42; 135 D.L.R.(3d) 307 (N.B.Q.B.T.D.), refd to. [para. 16].

Balkan v. Gagnon, [1983] 6 W.W.R. 315; 23 Man.R.(2d) 217 (Man. C.C.), refd to. [para. 16].

Williams v. Kaplan (1984), 1 O.A.C. 275 (Ont. Div. Ct.), leave to appeal refused (Ont. C.A., January 10, 1984), refd to. [para. 16].

Becker v. Alberta, Province of (1983), 45 A.R. 37 (Q.B.), appeal dismissed (1983), 45 A.R. 36; 148 D.L.R.(3d) 539 (C.A.), refd to. [para. 16].

Re Fisherman's Wharf Ltd. (1982), 40 N.B.R.(2d) 42; 105 A.P.R. 42; 135 D.L.R.(3d) 307, refd to. [para. 16].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, sect. 7 [para. 16].

Provincial Mediation Board Act, R.S.S. 1978, c. P-33, sect. 14(1) [para. 5]; sect. 15 [para. 10].

Counsel:

N. Fisher, for Turbo Resources Limited;

A. Brent, for Douglas O. Rotchell.

This application was heard before Walker, J., of the Saskatchewan Court of Queen's Bench, who delivered the following decision on March 1, 1985: