Statutory Interpretation - Absence of Words Reflects Intention
. Canadian National Railway Company v Teamsters Canada Rail Conference
In Canadian National Railway Company v Teamsters Canada Rail Conference (Div Court, 2023) the Divisional Court considered (and dismissed) a labour JR of an arbitrator's decision. In this brief quote the court cites authority for doctrine that the absence of words in legislation 'reflects intention':
[26] In this regard, CN relies on that authority that stands for the proposition that the exclusion of words from legislation reflects intention (see: University Health Network v. Ontario (Minister of Finance), 2001 CanLII 8618 (ON CA), 208 D.L.R. (4th) 459 (Ont. C.A.)).
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