How have courts considered the adequacy and vagueness of ATPs?

British Columbia, Canada


The following excerpt is from U.S.A. v. Ranga, 2010 BCSC 1999 (CanLII):

The question of the adequacy of ATPs and arguments about the vaguenesses of ATPs has been argued and rejected by courts in the past in this province and in Ontario on a number of occasions. Three of those cases are USA v. Reumayr, a decision of this court of September 17, 2001; Bezeredi v. Canada, 2007 BCSC 397; and U.S.A. v. Nguyen, [2006] O.J. No. 3098 from the Ontario Superior Court of Justice. All three of those cases have considered the same arguments that are raised before me and have rejected that argument. In my view, the principle of stare decisis, in the absence of some compelling reason why I should not follow them, requires me to follow them and I have no alternative but to do so and I do so.

Other Questions


In what circumstances will the Court consider any new or additional material that counsel have submitted to the Court? (British Columbia, Canada)
What factors will the courts consider in determining the adequacy of a statutory remedy? (British Columbia, Canada)
When considering a long-term mental health case, is it possible for the court to consider a single clinical record? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
In what circumstances will a civil court require a higher degree of probability than it would require for a criminal court to consider whether negligence was established? (British Columbia, Canada)
When considering a patient's medical history, is it possible for the court to consider a single clinical record? (British Columbia, Canada)
In what circumstances will the Court of Appeal in the Supreme Court consider 4 costs considerations? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
What factors will the court consider when considering retroactive variation of an interim child support order? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.