Majority
The judgment of the Court was delivered orally by
Iacobucci J.
Iacobucci J. ‑‑ We agree, for the reasons given by McEachern C.J.B.C., that the British Columbia Court of Appeal had jurisdiction to hear an appeal of the decision of Southin J.A. regarding the order of Macdonald J. made on August 26, 1992, and that the appellants properly complied with the applicable provisions of the Companies' Creditors Arrangement Act , R.S.C., 1985, c. C‑36 , in bringing their appeal.
Under the circumstances, we think it appropriate to address the merits. In that respect, we are of the view that the order of August 26, 1992 was improper and should be set aside because there was no jurisdiction for Macdonald J. to make the order, absent notice to and hearing the affected parties.
The appeal from the order of Southin J.A. is quashed without costs.
The appeal from the decision of the British Columbia Court of Appeal is allowed, the judgment of the British Columbia Court of Appeal refusing leave to appeal is set aside, and the order of August 26, 1992 of Macdonald J. is set aside.
The appellants shall have their costs here and in both courts below.
Judgment accordingly.
Solicitors for the appellants Bell et al.: Farris, Vaughan, Wills & Murphy, Vancouver.
Solicitors for the appellants United Mine Workers of America International Union et al.: McCarthy Tétrault, Calgary.
Solicitors for the respondent Greenhills Workers' Association: Lindsay Kenney, Vancouver.