What is the test for making a directive mandatory or directory?
Alberta, Canada
The following excerpt is from Bank of Montreal v. Hoehn, 2010 ABQB 405 (CanLII):
This statement was echoed by McLachlin J. (as she then was) in Blueberry River Indian Band v. Canada (Attorney General), 1995 CanLII 50 (SCC), [1995] 4 S.C.R. 344 at paragraph 42: This Court has...held that the object of the statute, and the effect of ruling one way or the other, are the most important considerations in determining whether a directive is mandatory or directory.
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