A-1130-82
CNCP Telecommunications (Appellant) (Appli-
cant)
v.
Alberta Government Telephones and Canadian
Radio-television and Telecommunications Com
mission (Respondents) (Respondents)
Court of Appeal, Pratte, Ryan JJ. and Lalande
D.J.—Montreal, March 16, 1983.
Practice — Joinder of parties — Appeal from refusal to
allow CNCP's application to be joined as respondent in prohi
bition proceedings instituted by Alberta Government Tele
phones — Appeal allowed — When motion made for prohibi
tion in Trial Division, applicant before tribunal is necessary
party regardless of grounds for prohibition.
COUNSEL:
C. R. O. Munro, Q.C. and M. H. Ryan for
appellant (applicant).
J. D. Rooke for respondent (respondent)
Alberta Government Telephones.
G. A. van Koughnett and D. J. Rennie for
respondent (respondent) Canadian Radio-
television and Telecommunications Commis
sion.
SOLICITORS:
Canadian Pacific Law Department, Montreal,
for appellant (applicant).
Burnet, Duckworth & Palmer, Calgary, for
respondent (respondent) Alberta Government
Telephones.
Deputy Attorney General of Canada for
respondent (respondent) Canadian Radio-
television and Telecommunications Commis
sion.
The following are the reasons for judgment of
the Court delivered orally in English by
PRATTE J.: We are all of the view that when a
motion for prohibition is made in the Trial Divi
sion in order to prevent a tribunal from hearing an
application, the applicant before the tribunal is a
necessary party to the motion for prohibition. And
this remains true, in our opinion, whatever be the
grounds urged in support of the motion for
prohibition.
It follows that the learned motion Judge ought
not to have rejected the appellant's motion to be
added as a party respondent to the prohibition
proceedings commenced by Alberta Government
Telephones. The appeal will therefore be allowed
with costs in this Court and in the Court below,
the decision of the Trial Division will be set aside
and the appellant will be added as a party respond
ent to the prohibition proceedings instituted by
Alberta Government Telephones.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.