What is the effect of section 3(a) of the Montreal Municipal Bylaw on the rule of construction in the context of "noise which annoys, disturbs or detracts from the comfort, repose, health, peace or safety of other persons"?

Alberta, Canada


The following excerpt is from R. v. Gabrielson, 1986 CanLII 1993 (AB QB):

Having regard to the rule of construction defined by Driedger and applying the principles set out in Montreal v. Arcade Amusements Inc., it is my view that when s. 3(a) is read together with ss. 3(b) and 3(c) and considering the objective of the bylaw, the qualifying words "which annoys, disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of other persons" are intended to modify each of the four prohibitions categorized by the trial judge and not just "any noise whatsoever". Such interpretation gives effect to the object of the bylaw which I perceive to have been intended as a general prohibition of any noise which either annoys, disturbs … other persons, regardless of whether such noise may be found loud, unnecessary or unusual. Actually, those impugned terms are really descriptive surplusage, in my opinion.

Other Questions


What is the standard of review analysis in the context of section 2(b) of the Charter, section 4(b), section 5 (b) and section 6 of the PIPA? (Alberta, Canada)
How is constructive trust adjudicated in the context of a constructive trust claim? (Alberta, Canada)
How has the court interpreted the definition of a personal injury policy in the context of personal injury claims? (Alberta, Canada)
In what circumstances will a court order costs for a breach of section 7(2) of the Municipal Bylaw? (Alberta, Canada)
Are fire suppression costs that are charged by a municipality pursuant to authority conferred on them by the Municipal Government Act? (Alberta, Canada)
Is there any case law where a challenge to section 7 of section 467.1 of the Criminal Code is heard before the voir dires? (Alberta, Canada)
How have courts interpreted section 8 of the Criminal Code in the context of search and seizure? (Alberta, Canada)
How has contract law been interpreted in the context of tenders in construction contracts? (Alberta, Canada)
Does an agent have to be personally liable on a contract where the principal of the contract is not personally liable? (Alberta, Canada)
What is the test for retaining title to a property in the name of a person who has transferred it into another person's name gratuitously? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.