What is the current interpretation of s. 9 of the CLPA?

Ontario, Canada


The following excerpt is from Flying E Ranche Ltd. v. Attorney General of Canada, 2022 ONSC 601 (CanLII):

The leading case interpreting s. 9 of the CLPA is Sarvanis v. Canada, 2002 SCC 28, [2002] 1 S.C.R. 921 (“Sarvanis”). In that case, Iacobucci J. observed, at para. 20, that the words “in respect of” were very broad, quoting Dickson J. (as he then was) in Nowegijick v. The Queen, 1983 CanLII 18 (SCC), [1983] 1 S.C.R. 29, at p. 39: The words “in respect of” are, in my opinion, words of the widest possible scope. They import such meanings as “in relation to”, “with reference to” or “in connection with”. The phrase “in respect of” is probably the widest of any expression intended to convey some connection between two related subject matters.

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