Turbo Resources Ltd. v. Rotchell and Provincial Mediation Board (Sask.) (No. 1), (1985) 38 Sask.R. 205 (QB)

JudgeWalker, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateMarch 01, 1985
JurisdictionSaskatchewan
Citations(1985), 38 Sask.R. 205 (QB)

Turbo Resources Ltd. v. Rotchell (1985), 38 Sask.R. 205 (QB)

MLB headnote and full text

Turbo Resources Ltd. v. Rotchell and Provincial Mediation Board

(No. 297)

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:

The Provincial Mediation Board made a temporary order prohibiting a landlord from taking possession of a tenant's premises. The landlord applied to set aside the order.

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

Administrative Law - Topic 1055

Classification of power or function - Powers classified as administrative - The Provincial Mediation Board made a temporary order prohibiting a landlord from taking possession of a tenant's premises - The board made the order because of "serious hardship to the tenant" - The Saskatchewan Court of Queen's Bench held that in the circumstances the power exercised by the board was administrative and was not judicial in nature (see paragraph 14).

Administrative Law - Topic 2266

Natural justice - The duty of fairness - What constitutes procedural fairness - The Provincial Mediation Board made a temporary order prohibiting a landlord from taking possession of a tenant's premises - The Saskatchewan Court of Queen's Bench held that there was no lack of procedural fairness by the board notwithstanding that the landlord was not given an opportunity to be heard (see paragraph 14).

Civil Rights - Topic 1506

Property - Charter, application of - The Saskatchewan Court of Queen's Bench stated that s. 7 of the Canadian Charter of Rights and Freedoms does not confer a right of enjoyment of property or protect such a right (see paragraph 16).

Cases Noticed:

R. v. Council of Saskatchewan Association of Architects, [1980] 2 W.W.R. 242; (1979), 1 Sask.R. 305 (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].

R. v. Estabrooks Pontiac Buick Ltd. (1982), 44 N.B.R.(2d) 201; 116 A.P.R. 201; 144 D.L.R.(3d) 21 (N.B.C.A.), affd. (1982), 40 N.B.R.(2d) 42; 105 A.P.R. 42; 135 D.L.R.(3d) 307 (N.B.Q.B.), 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 (1983), 1 O.A.C. 275, refd to. [para. 16].

Becker v. The Queen in Right of Alberta (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].

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

Statutes Noticed:

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

Canadian Charter of Rights and Freedoms 1982, sect. 7 [para. 16].

Counsel:

N. Fisher, for Turbo Resources Limited;

A. Brent, for Douglas O. Rotchell.

This application was heard by Walker, J., of the Saskatchewan Court of Queen's Bench.

The decision of Walker, J., was delivered on March 1, 1985.

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