Is there any difference between the reasons of Wilson J and LaForest J on the defence of statutory authority?
Newfoundland and Labrador, Canada
The following excerpt is from Conception Bay South (Town) v. Moakler, 2006 NLCA 72 (CanLII):
LaForest J’s reasons in Tock differed from the separate reasons of Wilson J. and those of Sopinka J. on the application of the defence of statutory authority. Major J. noted in Ryan v. Victoria (City), 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201, at paras. 54 and 55, that in Tock neither the reasons of Wilson J. nor LaForest J. carried a majority and he adopted specifically the approach regarding statutory authority expressed by Sopinka J. This is merely to indicate that in Tock no issue was taken with LaForest J.’s statement of the general law of nuisance.
"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 withdrawing counsel from opposing counsel by reason of lateral transfer? (Newfoundland and Labrador, Canada)
What is the difference between general and aggravated damages in a personal injury case? (Newfoundland and Labrador, Canada)
How does the defence of mistake apply to a strict liability offence? (Newfoundland and Labrador, Canada)
Is there any difference between the construction and interpretation of mixed fact and law in determining the existence of an oral contract? (Newfoundland and Labrador, Canada)
Is it an established exception to use of privileged correspondence to prove confirmation in response to a limitations defence? (Newfoundland and Labrador, Canada)
In a sexual assault trial where there are two versions of the same events, what is the role of the trial judge in determining whether the accused has proven his case beyond a reasonable doubt? (Newfoundland and Labrador, Canada)
What is the defence of necessity in the context of an incident where a truck driver refused to wait for over an hour to get materials from a distribution depot? (Newfoundland and Labrador, Canada)
What are the reasonable legal parameters within which a judge can set aside a default judgment? (Newfoundland and Labrador, Canada)
What is the test for establishing a reasonable price in a commercial contract? (Newfoundland and Labrador, Canada)
Is there any reason why the Court has a reluctance to re-open a decision already rendered? (Newfoundland and Labrador, Canada)
