Leroux v. Transcanada Pipelines Ltd.
A-76-96
Hugessen J.A.
6/5/96
3 pp.
Application to quash application for judicial review brought by applicants against National Energy Board decision-Leave to appeal decision granted on one of grounds raised-Application for judicial review raising issues identical to those in application for leave-Federal Court Act, s. 18.5 providing appealable decision not subject to judicial review-Applicants arguing errors of fact and failures to follow rules of natural justice not included in questions of "law and jurisdiction" found in National Energy Board Act, s. 22 therefore separately reviewable-No amount of artful drafting can convert appealable question into reviewable one-Decision in Aly Abdel Hafez Aly v. Minister of Manpower and Immigration, [1971] F.C. 540 (C.A.) no longer good law-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.5 (as enacted by S.C. 1990, c. 8, s. 5).