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Transport Board had jurisdiction to amend courier's intra and extra-provincial certificates following show cause hearing.
The Motor Transport Board of Manitoba held a show cause hearing regarding complaints that Purolator Courier Limited had contravened its public service vehicle certificates.
Following the hearing, the Board revoked Purolator's existing intra-provincial and extra-provincial authorities and substituted more restrictive ones.
The Manitoba Court of Appeal struck down the Board's order, finding it had exceeded its jurisdiction by focusing on the 'philosophy' of the courier's operations and by amending extra-provincial certificates without proper notice.
The Supreme Court of Canada allowed the Board's appeal, holding that the Board had jurisdiction to amend the certificates based on the established contraventions and that Purolator was not misled regarding the scope of the hearing.
Appeal dismissed; demurrage charges are included in the term rates under the Railway Act.
The appellants appealed a judgment of the Federal Court of Appeal which dismissed an appeal from an order of the Railway Transport Committee of the Canadian Transport Commission regarding whether demurrage charges are included in the term rates in s. 272(2)(b) of the Railway Act.
The Supreme Court of Canada dismissed the appeal, finding no error in the disposition made by the Federal Court of Appeal.
