Lord Atkin:-

This is an appeal from a decision of the Court of Appeal for British Columbia reversing a decision of Manson J. who had given judgment in the action in favour of the plaintiffs, the present appellants. The appellants were dairy farmers carrying on their business in the Province of British Columbia and were affected by a Milk Marketing Scheme approved by the Lieutenant-Governor in Council under the Natural Products Marketing (British Columbia) Act, Ch. 34 of the Statutes of 1936. The scheme set up the Lower Mainland Diary Products Board (the defendants) and in the action the plaintiffs claimed a declaration that the Act was ultra vires of the Legislature of the Province: and that the plaintiffs were under no obligation to obtain licences from the defendants or comply with any of their demands : and further claimed an injunction to restrain the defendants from interfering with them. In the proceedings the Attorney-General for the Province intervened, and he alone was represented as respondent before this Board. The learned trial Judge decided in favour of the plaintiffs. The Court of Appeal reversed his decision following judgments they had delivered on a reference to the