Canadian Pacific Ltd. et al v. Town of Vulcan

[1980] 2 SCR 177 Court SCC Decision date 1980-10-15 English

PartiesCanadian Pacific Limited and Marathon Realty Company Limited Appellants/Cross‑ Respondents·The Town of Vulcan Respondent/Cross- Appellant·The Provincial Planning Board Cross- Respondent·The Attorney General of Canada, The Attorney General of Alberta and The Attorney General of British Columbia Interveners

Counsel (12)

N.D. Mullins, Q.C., and M.M. Szel, for the appellants.
M.J. Major, for the Town of Vulcan.
W.J. Nugent, for the Provincial Planning Board.
T.B. Smith, Q.C., and James M. Mabbutt, for the Attorney General of Canada.
W.A. Pearce, for the Attorney General of British Columbia.
W. Henkel, Q.C., for the Attorney General of Alberta.
Solicitor for the appellants: M.M. Szel, Calgary.
Solicitors for the respondent: Major, Caron & Co., Calgary.
Solicitor for the Provincial Planning Board: W.J. Nugent, Edmonton.
Solicitor for the Attorney General of Alberta: W. Henkel, Edmonton.
Solicitor for the Attorney General of Canada: Roger Tassé, Ottawa.
Solicitor for the Attorney General of British Columbia: Department of the Attorney General, Victoria.

Judges Laskin, Bora; Martland, Ronald; Ritchie, Roland Almon; Dickson, Robert George Brian; Estey, Willard Zebedee; McIntyre, William Rogers; Lamer, Antonio

Delivered by Majority

On appeal from Alberta

Subjects Municipal law

Contents

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We are all of the opinion that this appeal should be allowed, the judgment of the Alberta Court of Appeal set aside and the order of the Provincial Planning Board restored. The appellants are entitled to costs throughout. The cross-appeal is dismissed with costs in this Court. The order of the Provincial Planning Board shall be effective for six months from the date of this judgment.

Judgment accordingly.

Solicitor for the appellants: M.M. Szel, Calgary.

Solicitors for the respondent: Major, Caron & Co., Calgary.

Solicitor for the Provincial Planning Board: W.J. Nugent, Edmonton.

Solicitor for the Attorney General of Alberta: W. Henkel, Edmonton.

Solicitor for the Attorney General of Canada: Roger Tassé, Ottawa.

Solicitor for the Attorney General of British Columbia: Department of the Attorney General, Victoria.