Army & Navy Department Stores Ltd. v. Minister of National Revenue, 53 DTC 1185, [1953] CTC 293, [1953] 2 SCR 496 -- summary under Expressio Unius est Exclusio Alterius

By services, 28 November, 2015

In finding that reference to control by a person did not include control by persons, Cartwright J. stated (pp. 1192-1193):

"When section 127 by clause (b) provides that corporations controlled directly or indirectly by the same person shall be deemed not to deal with each other at arm's length it appears to me to negative the view that corporations are to be deemed not to deal with each other at arm's length when controlled not by the same person but by the same group of persons. Expressio unius exclusio alterius. When the wording of clause (b) of section 127 is contrasted with that of clause (a) it seems to me impossible to read the word 'person' in clause (b) as including the plural".

Topics and taglines
Tagline
reference to person implied exclusion of persons
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
340054
Extra import data
{
"field_legacy_header": "<strong><em>Army and Navy Department Stores (Western) Ltd. v. MNR</em></strong>, 53 DTC 1185, [1953]CTC 293, [1953] 2 SCR 496",
"field_override_history": false,
"field_sid": "",
"field_topic_category": ""
}