R.B. McNicol

The appellant appealed as of right to the Supreme Court of Canada.

Applying the principles from Collins, Sieben, and Hamill, the Court found no error in the lower court's exercise of its jurisdiction to review the trial judge's finding under section 24(2) of the Charter.

The appeal was dismissed from the bench.

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.