Union of Nova Scotia Indians v. Maritimes and Northeast Pipeline Management Ltd.
A-676-98
Noël J.A.
22/2/99
6 pp.
Motion for order (1) outstanding notice of application for judicial review be deemed, in addition to application for judicial review, application for leave to appeal under National Energy Board Act, s. 22, (2) two proceedings be consolidated-Respondents bringing cross-motion alleging consolidation of judicial review application with application for leave to appeal improper under Federal Court Act, s. 18.5-Whether s. 18.5 operates to bar applicants from bringing application for judicial review-S. 18.5 must be read in conjunction with Federal Court Act, s. 28(1)-S. 28(1) providing Court with jurisdiction to hear applications for judicial review of decisions of National Energy Board despite fact such decisions may be appealed-S. 18.5 not barring all applications for judicial review because of existence of right of appeal-Cross-motion dismissed-Applicants directed to proceed with application for judicial review-National Energy Board Act, R.S.C., 1985, c. N-7, s. 22 (as am. by S.C. 1990, c. 7, s. 11)-Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.5 (as enacted by S.C. 1990, c. 8, s. 5), 28(1) (as am. idem, s. 8).