Counsel then made submissions respecting the necessity of legislation being expressly retroactive. He referred to MacKenzie v. B.C., 1992 D.L.R. (4th) 532 in which Wood, J.A. at 537 said: ... in the absence of express words to the contrary, or a necessary and distinct implication arising from the construction of the statute as a whole, an amendment is presumed not to have retroactive effect. That is a presumption of law, and the onus is on the appellant [in this case the appellant propounded the retroactivity of the legislation in question] to demonstrate the probability that the amendment in question was intended by the legislature to have such an effect.
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