Sheldon Inwentash and Lynn Factor Charitable Foundation v. Canada, 2012 FCA 136 -- summary under Subsection 33(2)

By services, 28 November, 2015

Dawson J.A. rejected a submission that the definition in s. 149.1(1) of a public foundation should be read in the singular, so that the requirement therein that more than 50% of the trustees deal with all the other trustees at arm's length could be satisfied where there was only one trustee. She stated (at para. 44):

In my view, the use of the terms "more than 50%", "deal with each other" and "at arm's length" all evidence a contrary intention to the application of subsection 33(2) of the Interpretation Act to the definition under review.

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contrary intention evident
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