The appellant was granted a permit to discharge sewage, which was cancelled by the Pollution Control Board.
The Lieutenant-Governor in Council restored the permit on appeal.
The respondents successfully challenged the appellate jurisdiction of the Lieutenant-Governor in Council in the lower courts as offending s. 96 of the Constitution Act, 1867.
The Supreme Court of Canada allowed the appeal, holding that the appellate authority of the Lieutenant-Governor in Council was intertwined with its administrative and policy-making functions, and therefore did not constitute a s. 96 court.
