What is the test for making out a proper basis for an exemption?
British Columbia, Canada
The following excerpt is from CTV v. Attorney General of Canada, 2015 BCPC 65 (CanLII):
The trial judge in Tele Mobile v. Ontario found that the applicant had not made out a proper basis for an exemption. In his reasons for judgment, he noted that the nature of the applicant’s business was one of the underlying considerations in determining whether an exemption was appropriate. He held that the applicant “would have or should have been aware that the nature of its business leaves it open for production orders or like procedures” (quoted at para. 69 of SCC decision). Abella J. saw no basis for interfering with this conclusion (para. 70).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is the 3(b) exemption in a by-law valid when the exemption is in the form of an area exemption? (British Columbia, Canada)
Is it improper for a director to make a call on some members of a class of shareholders without making a similar call on all other members of that class? (British Columbia, Canada)
In what circumstances will a realtor be found guilty of negligence in relation to an allegation that the realtor or the selling realtor failed to conduct a proper and proper investigation before the sale of the property? (British Columbia, Canada)
Does the fact that an Indian band has been accepted as a "person" by the province for the purposes of claiming tax exempt tobacco products and applying for and receiving refunds of tax paid when tax exempt sales exceed the Tseshaht Market quota? (British Columbia, Canada)
What is the proper test for determining whether a party has committed a crime by making false statements? (British Columbia, Canada)
What is the legal basis for entitlement to non-compensation on the basis of post-marital financial need? (British Columbia, Canada)
What is the proper course for a challenge of an order on the basis of new evidence? (British Columbia, Canada)
What is the test for determining whether a Minister made an unreasonable or unjust decision in making a decision not to seek assurances that the likely penalty would not make the surrender unjust or oppressive? (British Columbia, Canada)
What is the precedent for a punitive damages award against an employer for failing to properly manage sexual harassment allegations properly? (British Columbia, Canada)
Is there a remedy for repeated disobedience of injunctions and of orders to make proper discovery of documents? (British Columbia, Canada)
