Chapter 3

Question 1

Binding impact order

Answer 1

Supreme Court of Canada, Provincial Courts of Appeal, Supreme Court of the Province, Country/District Court, Provincial Court

Question 2

Persuasive Impact order

Answer 2

Other Provincial Courts of Appeal & Supreme Courts, Judicial committee of the Privy Council (England), US Supreme Court/Commonwealth Jurisdictions

Question 3

Rules of Interpretation

Answer 3

The plain meaning rule: read the statue literally
The “golden rule” read the statute in context

Question 4

Three grammatical principles of construction

Answer 4

Expressio unius est exclusio alterius (expression of one is exclusion of the other)
Ejusdem generis (of the same kind)
Noscitur a sociis (is to be known by its associates)

Question 5

How do courts treat ambiguous contracts

Answer 5

Common usage, parol evidence, industry usage, prior dealings, reasonable, implied meanings

Question 6

Cases:

Answer 6

R v Alex, Castillo v Castillo, The persons case of 1927