[19231 THE CITY OF LETHBRIDGE (PLAINTIFF) APPELLANT; *May 7,8.
AND
*Oct. 9.
- THE CANADIAN
WESTERN
NAT- URAL GAS, LIGHT, HEAT AND iRESPONDENT. POWER CO., LTD. (DEFENDANT)....
ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ALBERTA
Per Davies C.J. and Anglin and Mignault JJ.-Although the courts may not have been denuded of jurisdiction to entertain the present action, they should decline to exercise it and should relegate the parties to the Board of Public Utilities which the legislature has constituted to deal with such cases and has clothed with powers adequate to enable it to do full and complete justice.
Per Idington, Duff and Brodeur JJ.-On the construction of the agreement between the parties, their reciprocal obligations were of a contractual character.
Per Idington and Brodeur JJ.-The case is one for remedy by injunction without the city appellant being obliged to submit the question of rates to the Board.
Per Davies C.J. and Anglin and Mignault JJ.-Under the circumstances, a merely declaratory judgment should not be rendered. Duff J. contra. Per Duff J.-In view of the existing circumstances, the respondent is not entitled to raise before this court any question as to the propriety of a declaratory judgment.
Per Davies C.J. and Duff, Anglin and Mignault JJ.-It is not convenient, as it might otherwise have been just as between the parties, to grant appellant's claim for a mandatory order, as other interests may be affected by it.
*PRESENT:-Sir Louis Davies C.J. and Idington, Duff, Anglin, Brodeur and Mignault JJ.