Does the expressio unius maxim apply as a guide to interpreting s. 20 of the Local Improvements Act?
Saskatchewan, Canada
The following excerpt is from LeBlanc Estate v. Bank of Montreal, 1988 CanLII 5261 (SK CA):
In C.P. Limited v. Carlyle (Town), 1987 CanLII 4922 (SK CA), [1987] 4 W.W.R. 232; 56 Sask. R. 91, this court applied the expressio unius maxim as a guide to interpreting s. 20 of the Local Improvements Act, R.S.S. 1978, c. L-33. Bayda, C.J.S., dissented, and cautioned against using that principle as a determinative rule when the words of a statute are otherwise clear. While I am in complete agreement with the cautionary approach of the Chief Justice, the maxim is properly used as an interpretive aid in this case.
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