What is the test for deviation under section 5 of the Interpretation Act?
Saskatchewan, Canada
The following excerpt is from Rumely Co v. Registrar of Saskatoon Land Registration District, 1911 CanLII 110 (SK CA):
See also Woodward v. Heseltine (1891), 1 Ch. 464, 60 L.J.Ch. 357. Section 5, sub-sec. 36, of the Interpretation Act, defines what deviation may be allowed from the forms prescribed. It enacts: “Whenever forms are prescribed slight deviations there-from not affecting the substance or calculated to mislead shall not vitiate them.”
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