Sentences with phrase «federal paramountcy in»
Recently, the Ontario Court of Appeal in Canada Post Corporation v Hamilton (City)[1] had an opportunity to revisit the doctrine of federal paramountcy in the context of the most exciting of subjects: community mailboxes.
http://www.ruleoflaw.ca/ Not exact matches
John, I will do my best (non-legal opinion) to answer your probing questions on the doctrine of paramountcy surrounding Royal Prerogative Powers and «federal pith and substance» as this relates to the Crown in Right of Canada (Monarchy of Canada).
The Court does acknowledge that provincial powers will continue to be subject to the doctrine of paramountcy, such that federal legislation will prevail in the case of a conflict with provincial legislation (para 130).
Finding that, the Court went on to conclude that the provincial deemed trust under the PBA applies in CCAA proceedings, subject to the doctrine of federal paramountcy, because of the Amended Initial Order, and noting that that means that when there is a CCAA liquidation proceeding, the PPSA may determine the priorities rather than the federal scheme under the BIA (Indalex, para 52), since analogous priorities are not set out in the CCAA.
Aside from the inapplicability of federal paramountcy, an additional problem is that the provincial PPSAs and pension benefits legislation are not identical in their treatment of deemed trusts in relation to security interests arising under the PPSAs.
That particular law of Canada sets out federal powers that, in some circumstances defined in the case law, are given paramount or wholly exclusive status under the doctrines of paramountcy and interjurisdictional immunity.
Unless the SCC strikes down the applicable Criminal Code provision in Carter, the Bill is vulnerable to the constitutional law doctrine of federal paramountcy.
On November 13, 2015, the Supreme Court of Canada (SCC) confirmed, in a series of three decisions, that any provincial law that is operationally inconsistent with the federal bankruptcy scheme, or that frustrates its rehabilitative purpose, is of no force and effect — but left the future of the federal paramountcy test to be addressed further on another day.
In Lafarge (British Columbia (Attorney General) v. Lafarge Canada Inc., [2007] 2 SCR 86, 2007 SCC 23) and Mangat (Law Society of British Columbia v. Mangat, [2001] 3 SCR 113, 2001 SCC 67) the court held that the applicability of certain provincial laws to regimes governed by federal legislation constituted a conflict between intended purpose of the relevant federal legislation and the provincial legislation that triggered the application of the doctrine of paramountcy.
The doctrine of paramountcy dictates that s. 102 of Alberta Traffic Safety Act is inoperative to the extent that it conflicts with the federal Bankruptcy and Insolvency Act, and in particular s. 178 (2).
A statutory deemed trust under provincial legislation such as the PBA continues to apply in federally ‑ regulated CCAA proceedings, subject to the doctrine of federal paramountcy.
Ontario's Highway 407 Act (a debt enforcement mechanism in favour of the private owner and operator of an open - access toll highway) conflicts with the federal Bankruptcy and Insolvency Act (a discharged bankrupt is released from all provable claims) ̶ it offends the doctrine of federal paramountcy and is inoperative to the extent of the conflict.
«This time around, Mongeon comes to a different conclusion than in White Birch, saying the paramountcy of the federal legislation is not relevant here because you have an argument between two creditors that has to be determined by Quebec legislation as opposed to federal and Quebec.»
It submits she erred in (a) concluding that Part II of the SFSA was not rendered inoperative by the doctrine of federal paramountcy, (b) finding that 3L Cattle is not insolvent, and (c) deciding that, in any event, it would not be just or convenient to appoint a receiver.