What is the test for determining whether a provincial law is unenforceable or ultra vires?
Ontario, Canada
The following excerpt is from Olympia & York Developments Ltd. v. Royal Trust Co., 1993 CanLII 9428 (ON SC):
The conflict in the application of the laws must be actual. It is not sufficient that it be notional or by negative implication. In Robinson v. Countrywide Factors (1977), 1977 CanLII 175 (SCC), 72 D.L.R. (3d) 500 at p. 538, [19781 1 S.C.R. 753, 23 C.B.R. (N.S.) 97, Beetz J. stated: Laws provincial in their purpose, object and nature as those under attack cannot be rendered ultra vires because of virtual federal paramountcy: they can only become inoperative in case of actual repugnancy with valid federal laws.
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