Consumers' Assoc. v. Post Master, (1975) 11 N.R. 181 (FCA)

JudgeJackett, C.J., MacKay, D.J. and Smith, D.J.
CourtFederal Court of Appeal (Canada)
Case DateJanuary 23, 1975
JurisdictionCanada (Federal)
Citations(1975), 11 N.R. 181 (FCA)

Consumers' Assoc. v. Post Master (1975), 11 N.R. 181 (FCA)

MLB headnote and full text

Consumers' Association of Canada v. Post Master General

Indexed As: Consumers' Association of Canada v. Post Master General

Federal Court of Appeal

Jackett, C.J., MacKay, D.J. and Smith, D.J.

February 21, 1975.

Summary:

This case arose out of an application by the Consumers' Association of Canada to register its magazines as second class mail. The Consumers' Association of Canada published "The Canadian Consumer" and "Le Consommateur Canadien". The Post Office Department refused an application by the Consumers' Association of Canada to register its magazines as second class mail.

On appeal by way of s. 28 of the Federal Court Act to the Federal Court of Appeal the appeal was allowed and the decision of the Post Office Department was set aside. The Federal Court of Appeal declared that the Consumers' Association of Canada was entitled to register its magazines as second class mail. The Federal Court of Appeal interpreted s. 11(1) of the Post Office Act with respect to the question of whether the Consumers' Association of Canada was excluded because it was a "fraternal, trade, professional or other association ...". The Federal Court of Appeal applied the ejusdem generis rule of statutory interpretation and held that the Consumers' Association of Canada was not such an association and was entitled to register its magazines as second class mail.

Post Office - Topic 1250

Postage rates - Preferred rates, second class mail - Canadian periodicals, "The Canadian Consumer" and "Le Consommateur Canadien" - Exclusions - Whether the Consumers' Association of Canada was a "fraternal, trade, professional or other association ..." within the meaning of s. 11(1)(d)(i) of the Post Office Act - The Federal Court of Appeal applied the ejusdem generis rule of statutory interpretation and held that the Consumers' Association of Canada was entitled to register its magazines as second class mail.

Statutes Noticed:

Post Office Act, R.S.C. 1970, c. P-14, sect. 11(1) [para. 6].

Counsel:

Peter Gilchrist, for the applicant;

G.R. Garton, for the respondent.

This case was heard by the Federal Court of Appeal at Toronto, Ontario on January 23, 1975.

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