Supreme Court of Canada
Medicine Hat (Corporation of the City of) v. Wahl, [1979] 2 S.C.R. 12
Date: 1979-05-08
The Municipal Corporation of the City of Medicine Hat Appellant;
and
Fred Wahl, deceased (Freida Wahl and James Miller by suggestion) Respondent.
1979: May 8.
Present: Martland, Ritchie, Dickson, Beetz and McIntyre JJ.
ON APPEAL FROM THE SUPREME COURT OF ALBERTA, APPELLATE DIVISION
Municipal corporations—Resolution requiring contractors to be registered with certification program before being allowed to partake in city’s land lottery—Contractor not wishing to be so registered—Resolution not unreasonably discriminating—Validity of resolution.
APPEAL from a judgment of the Supreme Court of Alberta, Appellate Division, allowing an appeal from an order of Kerans A.C.J.D.C. whereby the respondent’s application to quash a resolution of the appellant municipal corporation was dismissed. Appeal allowed.
F.A. O’Connell, for the appellant.
N.C. Wittmann, for the respondent.
The judgment of the Court was delivered orally by
MARTLAND J.—We are all in agreement with the reasons delivered in the Appellate Division by McDermid J.A. in his dissenting opinion. Accordingly, the appeal is allowed, the judgment of the Appellate Division is set aside and the order of the Chambers Judge is restored. The appellant is entitled to costs throughout.
Judgment accordingly.
Solicitor for the appellant: F.A. O’Connell, Medicine Hat.
Solicitors for the respondent: Code, Hunter, Calgary.
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