What is the presumption against interfering with vested rights?
Alberta, Canada
The following excerpt is from R.F.T. v. O.K.G., 2007 ABPC 70 (CanLII):
The primary reason for the presumption against interfering with vested rights is articulated by Duff J. in Upper Canada College v. Smith (1920), 1920 CanLII 8 (SCC), 61 S.C.R. 413 at 417: ...[S]peaking generally it would not only be widely inconvenient but “a flagrant violation of natural justice” to deprive people of rights acquired by transactions perfectly valid and regular according to the law of the time. Trust in the fairness and stability of the law ought not to be undermined.
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