What are the principles used by a court to interpret language of an order?

Saskatchewan, Canada


The following excerpt is from Kidd v Kidd, 2020 SKQB 249 (CanLII):

In Royal Bank v. 1542563 Ontario Inc., 2006 CarswellOnt 5761 (S.C.J.), at para. 4, Mossip J. summarized the principles to apply when a court is asked to interpret the language of an order. These principles are as follows: a) A broad and liberal interpretation is to be used to achieve the objective of the court in making the order; b) The language must be construed according to its ordinary meaning and not in some unnatural or obscure sense; c) A certain flexibility must be available in recognition of the fact that life is not static; developments beyond the contemplation of the parties often arise; d) The court must examine the context in which the order was issued, evaluate the order in accordance with the circumstances of the case, and question whether the acts or omissions could reasonably have been contemplated to fall under the terms of the order; and e) A party cannot hide behind a restrictive and literal interpretation to circumvent the order and make a mockery out of the administration of justice.

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