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Statutory Interpretation - Absurdity

. BNSF Railway Company v. Greater Vancouver Water District

In BNSF Railway Company v. Greater Vancouver Water District (Fed CA, 2025) the Federal Court of Appeal dismissed an appeal [under the Canada Transportation Act, s.41(1)], here from a CTA decision that "found the rerouting works suitable and authorized the District to construct and maintain them at the District’s cost".

Here the court considers the statutory interpretation role of 'absurdity':
[133] When legislation is open to more than one interpretation, an interpretation that leads to negative consequences or an absurd result should be rejected: Ontario v. Canadian Pacific Ltd., 1995 CanLII 112 (SCC), [1995] 2 S.C.R. 1031, 24 O.R. (3d) 454 at 1081-1082; Rizzo at para. 27; Porter v. Boucher-Chicago, 2021 FCA 102 at para. 41. An interpretation that is extremely unreasonable or inequitable, illogical or incoherent, or incompatible with other provisions or with the object of the legislative enactment can be absurd: Rizzo at para. 27.
. Aviva Insurance Company of Canada v. Danay Suarez

In Aviva Insurance Company of Canada v. Danay Suarez (Div Ct, 2021) the Divisional Court quotes from the leading statutory interpretation case of Rizzo on absurdity:
[33] In Rizzo & Rizzo Shoes Ltd. (Re), 1998 CanLII 837 (SCC), Iacobucci, J. noted:
It is a well established principle of statutory interpretation that the legislature does not intend to produce absurd consequences. According to Côté, supra, an interpretation can be considered absurd if it leads to ridiculous or frivolous consequences, if it is extremely unreasonable or inequitable, if it is illogical or incoherent, or if it is incompatible with other provisions or with the object of the legislative enactment (at pp. 378-80). Sullivan echoes these comments noting that a label of absurdity can be attached to interpretations which defeat the purpose of a statute or render some aspect of it pointless or futile (Sullivan, Construction of Statutes, supra, at p. 88). (para. 27)


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Last modified: 20-01-25
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