Is there any difference between whether the right of way is actually required for railway purposes and whether it is determinable at the sole will of the Indian Community Fund?
British Columbia, Canada
The following excerpt is from Snaw-Naw-As First Nation v. Canada (Attorney General), 2021 BCCA 333 (CanLII):
Whether the right of way continues to be “actually required for railway purposes” is a justiciable issue and is not determinable “at the sole will” of ICF. While ICF’s intentions are relevant, the question is properly determined by an assessment of objective evidence: see Opetchesaht Indian Band v. Canada, 1997 CanLII 344 (SCC), [1997] 2 S.C.R. 119 at paras. 28–29.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether there has been a breach of an individual’s rights under s. 15(1) of the Canadian Human Rights Code? (British Columbia, Canada)
What is the test for determining whether the Human Rights Tribunal of BC has jurisdiction to hear a human rights complaint against the respondent? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for whether a complaint has been filed in time for the purposes of determining whether there was a timely incident of discrimination? (British Columbia, Canada)
What is the effect of the BCCA's policy of setting a guideline salary for the purpose of determining the appropriate amount for the purposes of guideline purposes? (British Columbia, Canada)
Under Rule 30(1) of the Rules of Court, can an independent medical examination be ordered for the purposes of determining whether an individual is fit for purpose? (British Columbia, Canada)
What is the standard of review of the draft Bill for the purpose of determining whether it complies with s. 2 of the RIA? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
What is the test for determining whether one party has the statutory right of way? (British Columbia, Canada)
