What is the test for a board of directors to determine contractual rights?
Canada (Federal), Canada
The following excerpt is from FWS Joint Sports Claimants v. Canada (Copyright Board), 1991 CanLII 8292 (FCA), [1992] 1 FC 487:
As for the matter of the board deciding questions of contractual rights, it is clear that the board must do so, at least in a preliminary way, as a necessary incident to the exercise of its jurisdiction. It cannot value a right unless it exists. The board's conclusion as to legal rights may not bind everyone for all time, but it cannot perform its mandate without making a legal determination about these rights. It may be different, however, where all that the board is asked to do is to determine the rights of the parties: see Posen v. Minister of Consumer and Corporate Affairs (1979), 46 C.P.R. (2d) 63, [1980] 2 F.C. 259, 36 N.R. 572.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the "control" test applied by the California Court of Appeal to determine whether the California Department of Justice has a role in determining whether or not the California Board of Representatives has any role in the decision? ("New York", United States of America)
What is the test for a court to determine whether a prisoner has a right to exercise his constitutional right to bodily harm? (MultiRegion, United States of America)
What factors will the Board of Arbitration for Human Rights consider when determining whether to grant relief under section 244(a)(1) of the Immigration and Border Protection Act? (MultiRegion, United States of America)
When determining whether a right was clearly violated, can a court define it more narrowly than the constitutional provision guaranteeing the right? (MultiRegion, United States of America)
What is the test for determining whether prison officials were on actual or constructive notice that the risk to inmates' constitutional rights was substantially certain to result in a violation of their constitutional rights? (MultiRegion, United States of America)
When a criminal defendant is denied the right to appear in court pro se, can he rely on the "harmless error analysis" to determine if he has ever invoked his right to self-representation? (MultiRegion, United States of America)
What is the test for determining whether an individual has a constitutional right to sue a government official for civil rights violations? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
Is a sole director of a corporation an inside director? (Canada (Federal), Canada)
