What is the legal test for using both a technical and ordinary sense of words in a bylaw or bylaw?
Saskatchewan, Canada
The following excerpt is from R. v. Farmer's Fuit Store Ltd., 1984 CanLII 2398 (SK CA):
The grammatical and ordinary sense of the words is to be used if the bylaw is unambiguous. It is necessary to take the words in the context in which they are used and determine the true meaning of the words both in the context of the definition and of the bylaw as a whole. See Union v. Hanson, [1948] 2 All E.R. 995. There is nothing in the context of the bylaw to indicate that the words are used in a technical or special sense unrelated to or different from their ordinary grammatical meaning. The meaning is clear and unambiguous. Nothing more is required but to give the words their natural ordinary meaning. See: Dreidger, Construction of Statutes (2nd Ed), pp. 1, 2.
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