What is the legal test for determining that a contract has terminated on June 29, 2006?
Canada (Federal), Canada
The following excerpt is from Canada (Attorney General) v. Blanchet, 2007 FCA 377 (CanLII):
For example, determining that a “contract has terminated” on June 29, 2006, may be a mere question of fact. However, determining that a “contract has terminated” on June 29, 2006, within the meaning of paragraph 33(2)(a) of the Regulations involves a determination of the legal meaning that this provision attributes to or confers on these terms. In such a case, the scope of the legal test must be determined and then applied to the facts of the case. Mischaracterizing this legal test is an error of law: see Stone v. Canada, supra, at paragraph 14.
The application of the proper legal test to the facts and circumstances of the case involves a question of mixed fact and law: ibid, at paragraph 13. The standard of review applicable by the Umpire to this issue is unreasonableness: Budhai v. Canada (Attorney General), 2002 FCA 298 (F.C.A.).
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