What legal test does the court use to determine the meaning of the railway purposes condition?
British Columbia, Canada
The following excerpt is from Snaw-Naw-As First Nation v. Canada (Attorney General), 2021 BCCA 333 (CanLII):
Whether the trial judge identified the correct legal test to determine the meaning of the railway purposes condition is a question of law reviewable on a standard of correctness. The judge’s application of the test to the appellant’s claim that the lands were no longer required for railway purposes is a question of mixed fact and law and is reviewable on the standard of palpable and overriding error, absent an extricable error of law: Hwlitsum First Nation v. Canada (Attorney General), 2018 BCCA 276 at para. 13, citing Housen v. Nikolaisen, 2002 SCC 33.
"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
Under Rule 30(1) of the Rules of Court, can an independent medical examination be ordered for the purposes of determining whether an individual is fit for purpose? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
What is the effect of the BCCA's policy of setting a guideline salary for the purpose of determining the appropriate amount for the purposes of guideline purposes? (British Columbia, Canada)
Is there any difference between whether the right of way is actually required for railway purposes and whether it is determinable at the sole will of the Indian Community Fund? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for determining the quantum of an inheritance when determining the amount of support awarded by the Court of Appeal? (British Columbia, Canada)
What is the legal test for obtaining a search warrant from a court in Canada for the purpose of obtaining assistance from a foreign state? (British Columbia, Canada)
Under Rule 30(1) of the Rules of Court, can an independent medical examination be ordered for the purposes of determining whether an individual is fit for trial? (British Columbia, Canada)
What is the legal test for determining legal causation in a motor vehicle accident? (British Columbia, Canada)
Can a court compel a medical examination for the purposes of challenging an individual's legal competency? (British Columbia, Canada)
