Hall, J (all concur):—This is an appeal from the judgment of the Honourable Mr Justice F A Sheppard, Deputy Judge of the Exchequer Court of Canada, reported [1969] CTC 600. The appellant is an anaesthetist who practices his profession as one of a group. By an agreement dated June 6, 1961 between Royal Jubilee Hospital of Victoria, British Columbia, and this group of anaesthetists, the group agreed to supply at all times all anaesthetic services required by the hospital and they were to have the exclusive right to administer such services.

Desjardins J.A.: