Dome Petroleum Ltd. v. Public Utilities Board (Alberta) et al.

Dome Petroleum Ltd. v. Public Utilities Board (Alberta) et al.
Collection
Supreme Court Judgments
Date
1977-01-31
Report
[1977] 2 SCR 822
Judges
Martland, Ronald; Judson, Wilfred; Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; de Grandpré, Louis-Philippe
On appeal from
Alberta
Subjects
Public utilities
Decision Content
Supreme Court of Canada
Dome Petroleum Ltd. v. Public Utilities Board (Alberta) et al., [1977] 2 S.C.R. 822
Date: 1977-01-31
Dome Petroleum Limited Appellant;
and
Public Utilities Board of the Province of Alberta and Canadian Superior Oil Ltd. Respondents.
1977: January 31.
Present: Martland, Judson, Ritchie, Spence, Pigeon, Dickson, Beetz and de Grandpré JJ.
ON APPEAL FROM THE SUPREME COURT OF ALBERTA, APPELLATE DIVISION
Public utilities—Permits to remove propane from Alberta granted to appellant by Energy Resources Conservation Board—Jurisdiction of Public Utilities Board to infringe upon permits—Allocation plan requiring owners of certain gas utilities including appellant to supply propane to Alberta market upon terms imposed by Utilities Board—Board correct as matter of law in taking into account appellant’s production of propane in a mix gathered for removal from Alberta—Compliance by Utilities Board with s. 8 of The Administrative Procedures Act, R.S.A. 1970,c. 2—The Gas Resources Preservation Act, R.S.A. 1970, c. 157—The Gas Utilities Act, R.S.A. 1970,c. 158, s. 27(e).
APPEAL from a judgment of the Supreme Court of Alberta, Appellate Division[1], dismissing an appeal by the appellant from an order made by the respondent Board. Appeal dismissed.
C.D. O’Brien and J.D.B. MacDonald, for the appellant.
W.B. Gill, Q.C., for the Public Utilities Board.
T. Mayson, Q.C., for Canadian Superior Oil Ltd.
The judgment of the Court was delivered orally by
MARTLAND J.—The thorough argument submitted by counsel for the appellant has failed to persuade us that the judgment of the Appellate Division was wrong in law. The appeal is dismissed with costs. Appeal dismissed with costs.
Solicitors for the appellant: Jones, Black & Co., Calgary.
Solicitors for the respondent, Public Utilities Board of the Province of Alberta: Gill, Cook, Calgary.
Solicitors for the respondent, Canadian Superior Oil Ltd.: Milner & Steer, Edmonton.
[1] (1976), 2 A.R. 453.