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     Date: May 27,1998

     Docket: A-350-96

C O R A M:      STRAYER J.A.

         LINDEN J.A.

         McDONALD J.A.

B E T W E E N:

     RICHARD LEROUX and

     417 AUTO WRECKERS LIMITED

     Appellants

     " and "

     TRANSCANADA PIPELINES LIMITED

     Respondent

HEARD at Ottawa, Ontario, on Wednesday, May 27, 1998

JUDGMENT delivered from the Bench on Wednesday, May 27, 1998

REASONS FOR JUDGMENT BY:      STRAYER J.A.

     Date: May 27,1998

     Docket: A-350-96

C O R A M:      STRAYER J.A.

         LINDEN J.A.

         McDONALD J.A.

B E T W E E N:

     RICHARD LEROUX and

     417 AUTO WRECKERS LIMITED

     Appellants

     " and "

     TRANSCANADA PIPELINES LIMITED

     Respondent

     REASONS FOR JUDGMENT

     (Delivered from the Bench at Ottawa, Ontario

     on Wednesday, May 27, 1998)

STRAYER J.A.

[1]      We are all of the view that this appeal must be dismissed.

[2]      In our view the decision of the National Energy Board is entitled to a high degree of deference in its interpretation of the terms "mines or minerals" in section 81 of the National Energy Board Act . We believe that its interpretation was one open to it.

[3]      The appeal will therefore be dismissed with costs.

    

                                         J.A.

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