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A-25-75
The Queen (Applicant)
v.
John Wesley Bolton (Respondent)
Court of Appeal, Jackett C.J., Smith and Shep- pard D.JJ.—Vancouver, October 6, 1975.
Judicial review—Expropriation—Application to set aside decision refusing warrant of possession—Expropriation Act, R.S.C. 1970 (1st Supp.), c. 16. s. 35.
No matter how widely one interprets the Court's power to permit persons to be heard, it does not extend to permitting a person to be heard merely because he has an interest in another controversy where the same question of law will or may arise as that which will or may arise in the controversy that is before the Court.
JUDICIAL review. COUNSEL:
N. D. Mullins, Q.C., for applicant. W. C. Johnstone for respondent.
SOLICITORS:
Deputy Attorney General of Canada for applicant.
W. C. Johnstone & Co., Richmond, B.C., for respondent.
The following are the reasons for the judgment of the Court delivered orally in English by
JACKETT C.J.: This is a section 28 application to set aside a decision of Decary J. (apparently acting as persona designata) refusing a warrant of possession in respect of land expropriated from the respondent. See section 35 of the Expropriation Act.
What we have heard this morning are applica tions on behalf of sixteen other persons from whom other land has been expropriated to be heard on the argument of this section 28 application.
While the Rules of this Court give this Court a wide discretion to permit persons affected by, or otherwise interested in, an order that is the subject matter of a section 28 application, to be heard, counsel has not made any submission this morning
that, in our view, can be construed as persuasive that any of the applicants is affected by, or inter ested in, an order refusing or granting a warrant of possession against the respondent in respect of the land expropriated from him.
In our view, no matter how widely one interprets the Court's power to permit persons to be heard, it does not extend to permitting a person to be heard merely because he has an interest in another con troversy where the same question of law will or may arise as that which will or may arise in the controversy that is before the Court.
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