Supreme Court of Canada
Liquor Control Commission of Manitoba v. Carling O’Keefe Ltd. et al., [1977] 1 S.C.R. 99
Date: 1976-02-19
The Liquor Control Commission of Manitoba Appellant;
and
Carling O’Keefe Limited et al. and The Public Utilities Board of Manitoba Respondents.
1976: February 19.
Present: Laskin C.J. and Judson, Ritchie, Spence, Pigeon, Beetz and de Grandpré JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA
Administrative law—Jurisdiction—Price increases negotiated between brewers and Liquor Control Commission approved by Public Utilities Board—Effective date of Board’s order.
APPEAL from a judgment of the Court of Appeal for Manitoba[1]. Appeal allowed.
J.S. Walker, Q.C., and B.E. Cristall, for the appellant.
R.J. Scott, C.G. Labman and M.S. Rusen, for the respondents, Carling O’Keefe Ltd., Labatt’s Manitoba Brewery, Kiewel-Pelissier Breweries Ltd. and Molson’s Brewery Manitoba Ltd.
W.C. Gardener, Q.C., for the respondent, The Public Utilities Board of Manitoba.
The judgment of the Court was delivered by
THE CHIEF JUSTICE (orally)—We are all of the opinion that the order of the Manitoba Court of Appeal should be set aside, and it is directed that this matter be returned to the Board to enable it, after proper notice to all parties, to fix a date for the implementation of the price increases approved by the Board in its order of September 23, 1974. The appellant Commission shall have its costs in this Court against the respondent brewers.
We do not interfere with the order as to costs in the Court below.
Appeal allowed.
[Page 100]
Solicitors for the appellant: Walker, Cristall & Pandya, Winnipeg.
Solicitors for the Public Utilities Board of Manitoba: Pitblado & Hoskin, Winnipeg.
Solicitors for Carling O’Keefe Ltd.: Thompson, Dorfman, Sweatman, Winnipeg.
Solicitors for Labatt’s Manitoba Brewery and Kiewel-Pelissier Breweries Ltd.: Aikins, MacAulay & Thorvaldson, Winnipeg.
Solicitors for Molson’s Brewery Manitoba Ltd.: Inkster, Walker & Co., Winnipeg.