In my opinion, the wording of the 1902 amendment recognized the necessity of one telephone system only providing a general service in any one city, town or village, or in any one territory or service area. The material in the record shows that general telephone McKENNA service in Osgoode Township is provided by the Metcalfe et al. company although, about its perimeter, portions of the Abbott J. township are served by Bell. Nevertheless the general service that is provided in the major portion of the said township-and more particularly in that portion in which Mr. McKenna resides-is provided by appellant.
In my opinion, therefore, the respondent McKenna does not come within s. 2 of the statute II Ed. VII, c. 41, as being a person within a territory in which general telephone service is furnished by the Bell company. It follows that the Transport Board was without jurisdiction to make the Order which it did.
The appeal should be allowed and the Order of the Board of Transport Commissioners for Canada dated May 1, 1963, set aside. Counsel for appellant agreed that there should be no order as to costs.
G. A. FALLIS D. M. DEACON
(Appellants) ....................
APPLICANTS; AND
UNITED
FUEL
INVESTMENTS,
LIMITED ....................
RESPONDENT. MOTION TO VARY JUDGMENT
Costs-Practice and procedure- Companies-Petition for winding-up order-Discretion to grant order-Unsuccessful opposition by preference shareholders-Disposition of costs.
Following the judgment of this Court, dated June 24, 1963, and reported at [19631 S.C.R. 397, dismissing the appeal with costs, the applicants applied for an order varying the judgment as to costs. This application was heard on October 1, 1963, and it was then ordered that the judgment be varied so that there would be no order as to costs in this Court and in the Courts below.
Taschereau C.J. and Cartwright, Martland, Judson and Ritchie JJ.
*Oct 1 Oct. 1 S.C.R.
Statutes and regulations cited
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Unresolved citations
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