Date: May 27,1998
Docket: A-350-96
C O R A M: STRAYER J.A.
LINDEN J.A.
McDONALD J.A.
B E T W E E N:
RICHARD LEROUX and
417 AUTO WRECKERS LIMITED
Appellants
" and "
TRANSCANADA PIPELINES LIMITED
Respondent
HEARD at Ottawa, Ontario, on Wednesday, May 27, 1998
JUDGMENT delivered from the Bench on Wednesday, May 27, 1998
REASONS FOR JUDGMENT BY: STRAYER J.A.
Date: May 27,1998
Docket: A-350-96
C O R A M: STRAYER J.A.
LINDEN J.A.
McDONALD J.A.
B E T W E E N:
RICHARD LEROUX and
417 AUTO WRECKERS LIMITED
Appellants
" and "
TRANSCANADA PIPELINES LIMITED
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Ottawa, Ontario
on Wednesday, May 27, 1998)
STRAYER J.A.
[1] We are all of the view that this appeal must be dismissed.
[2] In our view the decision of the National Energy Board is entitled to a high degree of deference in its interpretation of the terms "mines or minerals" in section 81 of the National Energy Board Act . We believe that its interpretation was one open to it.
[3] The appeal will therefore be dismissed with costs.
J.A.
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