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City of Kelowna v. Public Utilities Commission

[1963] SCR 438 Court SCC Decision date 1963-05-09 English

Contents
British Columbia', dismissing an appeal from a decision of the Public Utilities Commission.
G. W. Burke-Robertson, Q.C., for the respondent Public Utilities Commission.
P. D. O'Neil, for the respondent Fahiman.
At the conclusion of the argument of Counsel for the appellant, the following judgment was delivered orally. COURT:-Mr. McEachern has said all that could be said in support of this appeal but we are all of opinion that the appeal fails.
We were invited to over-rule the judgment of the Court of Appeal for British Columbia in City of Vernon v. Public Utilities Commission, but we agree with the interpretation of the phrase "public utility", as defined in s. 2 of the Public Utilities Act, in the reasons of the majority of the Court in that case and in the reasons of the Court of Appeal in the case at bar.
The appeal will therefore be dismissed. Both of the respondents are entitled to their costs in this Court. Appeal dismissed with costs. Solicitors for the appellant: Weddell, Horn & Lander, Kelowna.
Solicitors for the respondent Public Utilities Commission: Ellis, Dryer & McTaggart, Vancouver.
Solicitor for the respondent Fahlman: P. D. O'Neil, Kelowna.
S.C.R.

Statutes and regulations cited

  • Unresolved citations
    • s. 2 of the Public Utilities Act