Does the Court have jurisdiction to hear an action brought under section 96 of the Constitution Act, 1867?
Canada (Federal), Canada
The following excerpt is from Ontario (Attorney General) v. Pembina Exploration Canada Ltd., [1989] 1 SCR 206, 1989 CanLII 112 (SCC):
31. I, therefore, conclude that Leach J. was correct in concluding that he had jurisdiction to hear the action. Heath v. Kane, supra, should be overruled. Section 96 of the Constitution Act, 1867
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