Sheldon Inwentash and Lynn Factor Charitable Foundation v. Canada, 2012 FCA 136 -- summary under Ordinary Meaning

By services, 28 November, 2015

Before finding (at para. 33) that the language used in the definition in s. 149.1(1) of a public foundation indicated that "Parliament has precisely and unequivocably evidenced its intent that public foundations must have more than one trustee," Dawson JA stated (at para. 27):

The words, if clear, will dominate; if not, they yield to an interpretation that best meets the overriding purpose of the statute. See Celgene Corp. v. Canada...2011 SCC 1, [2011] 1 S.C.R. 3 at paragraph 21.

She then went on to refer to a discussion paper of the Department of Finance before concluding that this interpretation accorded with the legislative purpose. ("[T]he requirement that there be more than one arm's length trustee provides greater assurance that a public foundation will not be used for tax avoidance purposes" (para. 42).)

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clear words dominate
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