Before going on to find that an ambiguity in the statutory provisions of the Mining Tax Act (Ontario) should be resolved in favour of an interpretation that did not result in treating a definition of "hedging" as redundant, LeBel J. stated (at p. 6536):
The interpretive approach is thus informed by the level of precision and clarity with which a taxing provision is drafted. ... Where, as in this case, the provision admits of more than one reasonable interpretation, greater emphasis must be placed on the context, scheme and purpose of the Act. ... Although there is a residual presumption in favour of the taxpayer, it is residual only and applies in the exceptional case where application of the ordinary principles of interpretation does not resolve the issue ... .