Parsley,
Remember this one?
P.C. 1292, adopted on April 3, 1947, by the Governor General in Council purporting to act under the powers conferred by the National Emergency Transitional Powers Act, 1945, after reciting that it was "necessary, by reason of the continued existence of the national emergency arising out of the war against Germany and Japan, for the purpose of maintaining, controlling and regulating supplies and prices to ensure economic stability and an orderly transition to conditions of peace", made provision for the vesting in the Canadian Wheat Board of all oats and barley in commercial positions in Canada, the closing out and termination of any open futures contracts relating to such grain and the prohibition of its export. The order also substituted for Part III of the Western Grain Regulations new Regulations which declared that all oats and barley in commercial positions in Canada, except such as were acquired by the owner from the Canadian Wheat Board or from the producers thereof on or after March 18, 1947, were thereby vested in the Board, which was directed to pay an amount equal to the maximum price at which these grains might have been sold on that date.
[Page 82]
On April 3, 1947, respondent Nolan had, in commercial positions in Canada, 40,000 bushels of barley, the warehouse receipts for which were held on his behalf by the respondents Hallet and Carey Limited.
Nolan declined to deliver his barley or the documents of title thereto to the Wheat Board and contended that the National Emergency Transitional Powers Act, 1945, did not authorize the Governor General in Council by enacting Part III of the Western Grain Regulations or otherwise to divest him of title to his barley. The trial judge and the Court of Appeal held that the order-in-council exceeded the powers conferred by the Transitional Act.
Held: (Affirming the judgment appealed from) Kerwin and Estey JJ. dissenting, that the provisions of P.C. 1292, dealing with the compulsory taking and vesting in the Canadian Wheat Board of all oats and barley in commercial positions in Canada and fixing the compensation to be paid therefor, were ultra vires of the Governor General in Council as not falling within the ambit of the powers conferred by s. 2 of the National Emergency Transitional Powers Act, 1945."
So Henry B Nolan and the CWB... took this ruling to the British House of Lords... and the SSC was overruled.
Brief reason?
NO one (Nolan) was allowed to profit from the II World War.
http://scc.lexum.org/en/1950/1951scr0-81/1951scr0-81.html
Grassy knows how to get me going... doesn't he!
Remember this one?
P.C. 1292, adopted on April 3, 1947, by the Governor General in Council purporting to act under the powers conferred by the National Emergency Transitional Powers Act, 1945, after reciting that it was "necessary, by reason of the continued existence of the national emergency arising out of the war against Germany and Japan, for the purpose of maintaining, controlling and regulating supplies and prices to ensure economic stability and an orderly transition to conditions of peace", made provision for the vesting in the Canadian Wheat Board of all oats and barley in commercial positions in Canada, the closing out and termination of any open futures contracts relating to such grain and the prohibition of its export. The order also substituted for Part III of the Western Grain Regulations new Regulations which declared that all oats and barley in commercial positions in Canada, except such as were acquired by the owner from the Canadian Wheat Board or from the producers thereof on or after March 18, 1947, were thereby vested in the Board, which was directed to pay an amount equal to the maximum price at which these grains might have been sold on that date.
[Page 82]
On April 3, 1947, respondent Nolan had, in commercial positions in Canada, 40,000 bushels of barley, the warehouse receipts for which were held on his behalf by the respondents Hallet and Carey Limited.
Nolan declined to deliver his barley or the documents of title thereto to the Wheat Board and contended that the National Emergency Transitional Powers Act, 1945, did not authorize the Governor General in Council by enacting Part III of the Western Grain Regulations or otherwise to divest him of title to his barley. The trial judge and the Court of Appeal held that the order-in-council exceeded the powers conferred by the Transitional Act.
Held: (Affirming the judgment appealed from) Kerwin and Estey JJ. dissenting, that the provisions of P.C. 1292, dealing with the compulsory taking and vesting in the Canadian Wheat Board of all oats and barley in commercial positions in Canada and fixing the compensation to be paid therefor, were ultra vires of the Governor General in Council as not falling within the ambit of the powers conferred by s. 2 of the National Emergency Transitional Powers Act, 1945."
So Henry B Nolan and the CWB... took this ruling to the British House of Lords... and the SSC was overruled.
Brief reason?
NO one (Nolan) was allowed to profit from the II World War.
http://scc.lexum.org/en/1950/1951scr0-81/1951scr0-81.html
Grassy knows how to get me going... doesn't he!
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