Lamer C.J.
The Chief Justice -- We are most grateful to you Mr. Darwent, for not having wasted the Court’s time by belabouring the cases and precise points that needed to be raised, and which were fully, properly and adequately dealt with in keeping with the tradition of good advocacy that this Court is used to. Nevertheless we need not hear from your opponents as we are now ready to hand down judgment sedia sedente.
For the reasons of Hetherington J.A. the appeal is allowed, the judgment of the Court of Appeal of Alberta (1995), 36 Alta. L.R. (3d) 59, is set aside, and the order of Fruman J. is restored.