In refusing to follow the decision in the Terra Mining Exploration case (84 DTC 6185) Hershfield J. stated (at p. 2326):
"While I am loathe to cast aside a precedent as long-standing as the Federal Court, Trial Division's decision in Terra, it is necessary to consider the issue at hand now, some 20 years later, in the light of more recent jurisprudence. While I would not advocate reconstructing the meaning of a statutory provision as and when the judicial thinking of the day changes, in this case, the express language of the Act was not, in my view, given effect in Terra."