What is the test for interpretation of an order?
Nova Scotia, Canada
The following excerpt is from Mastin v. Mastin, 2019 NSSC 248 (CanLII):
The interpretation of an order is contextual. The words used are “read in their entire context in their grammatical and ordinary sense harmoniously with the scheme of the [order], the object of the … [order] and the intention of the … [court]”. In the end, “A judicious meaning consistent with the text (read in context) is preferred over an unreasonable result.” (See: Djuric v. Dellorusso, 2019 NSSC 95, (“Djuric”) para 39 quoting from Royal Bank v. Robertson, 2016 NSSC 176, (“RBC”) paras 20 – 21)
"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
Can a tribunal order the payment of interest on a mortgage where the statute does not expressly authorize the order to do so? (Nova Scotia, Canada)
How have courts interpreted the interpretation of taxation statutes? (Nova Scotia, Canada)
What is the test for interpreting section 3 of the National Statutory Interpretation Guidelines? (Nova Scotia, Canada)
Are there any cases where a court has found that a husband who has been ordered to pay a fine under an equalization order is a post-bankruptcy debt? (Nova Scotia, Canada)
What is the test for a variation of an order where a party is seeking to change the existing order? (Nova Scotia, Canada)
What is the test for making an order for an order to remove a child from the custody of his mother? (Nova Scotia, Canada)
What is the impact of a recent decision in a family law case in which a husband has been ordered to pay his ex-wife’s life insurance in order to get a beneficial interest in his life insurance policy? (Nova Scotia, Canada)
What is the test to vary the current order under section 65 of the National Statutory Review Order? (Nova Scotia, Canada)
In what circumstances will a judge order costs for work "thrown away" as a result of an adjournment granted on the first day of a trial? (Nova Scotia, Canada)
Does the Court have any authority to overturn an order by a judge in a family law matter? (Nova Scotia, Canada)
