Cuthbertson v. Rasouli,

JurisdictionFederal Jurisdiction (Canada)
JudgeMcLachlin, Beverley; LeBel, Louis; Fish, Morris J.; Abella, Rosalie Silberman; Rothstein, Marshall; Cromwell, Thomas Albert; Karakatsanis, Andromache
Citation[2013] 3 SCR 341,2013 SCC 53,46 Alta LR (2d) 161,364 DLR (4th) 195
Docket Number34362
CourtSupreme Court (Canada)
Date18 October 2013

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28 practice notes
  • Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32
    • Canada
    • Alberta Court of Appeal (Alberta)
    • January 29, 2019
    ...presumption that the Legislature must be taken to have known the pre-existing law”). [387] Cuthbertson v. Rasouli, 2013 SCC 53, ¶18; [2013] 3 S.C.R. 341, 356 (“The Common Law Backdrop”) & 2747-3174 Québec Inc. v. Quebec, [1996] 3 S.C.R. 919, 972 per L'Heureux-Dubé, J. (the common law is......
  • Glamorgan Landing Estates GP Inc. v Calgary (City),
    • Canada
    • Court of Appeal (Alberta)
    • May 7, 2024
    ...in its ordinary sense. A judge may waive fees for the very poor, and no one else”); Cuthbertson v. Rasouli, 2013 SCC 53, ¶ 44; [2013] 3 S.C.R. 341, 365 per McLachlin, C.J. (“Reading the words of the statute in their ordinary sense and in their context, and having regard to the objects and s......
  • Notes
    • Canada
    • Understanding Canada Drafting, Interpreting, and Applying Legislation Part Two. Interpreting and Applying Legislation
    • August 22, 2023
    ...responsible for their conduct. 15 See, for example, R v Appulonappa , 2015 SCC 59 at para 34. 16 SO 1996, c 2, Sched A. 17 2013 SCC 53, [2013] 3 SCR 341. 18 Ibid at para 50. 19 Ibid at para 155. 20 See, for example, the Accessible Canada Act , SC 2019, c 10, s 5: 5 he purpose of this Act is......
  • Deluca v. Alberta (Law Enforcement Review Board), 2018 ABCA 340
    • Canada
    • Court of Appeal (Alberta)
    • October 18, 2018
    ...[1926] S.C.R. 246, 267 (a court must always consider the object of the statute); Cuthbertson v. Rasouli, 2013 SCC 53, ¶ 32; [2013] 3 S.C.R. 341, 361-62 (“The basic rule of statutory interpretation is that the ‘words of an Act are to be read in their entire context, in their grammatical and ......
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20 cases
  • Glamorgan Landing Estates GP Inc. v Calgary (City),
    • Canada
    • Court of Appeal (Alberta)
    • May 7, 2024
    ...in its ordinary sense. A judge may waive fees for the very poor, and no one else”); Cuthbertson v. Rasouli, 2013 SCC 53, ¶ 44; [2013] 3 S.C.R. 341, 365 per McLachlin, C.J. (“Reading the words of the statute in their ordinary sense and in their context, and having regard to the objects and s......
  • Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32
    • Canada
    • Alberta Court of Appeal (Alberta)
    • January 29, 2019
    ...presumption that the Legislature must be taken to have known the pre-existing law”). [387] Cuthbertson v. Rasouli, 2013 SCC 53, ¶18; [2013] 3 S.C.R. 341, 356 (“The Common Law Backdrop”) & 2747-3174 Québec Inc. v. Quebec, [1996] 3 S.C.R. 919, 972 per L'Heureux-Dubé, J. (the common law is......
  • Deluca v. Alberta (Law Enforcement Review Board), 2018 ABCA 340
    • Canada
    • Court of Appeal (Alberta)
    • October 18, 2018
    ...[1926] S.C.R. 246, 267 (a court must always consider the object of the statute); Cuthbertson v. Rasouli, 2013 SCC 53, ¶ 32; [2013] 3 S.C.R. 341, 361-62 (“The basic rule of statutory interpretation is that the ‘words of an Act are to be read in their entire context, in their grammatical and ......
  • R. v. By (B.H.), (2015) 470 Sask.R. 185 (QB)
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • March 30, 2015
    ...437 N.R. 1; 324 N.S.R.(2d) 1; 1029 A.P.R. 1; 2012 SCC 66, refd to. [para. 49]. Rasouli v. Sunnybrook Health Sciences Centre et al., [2013] 3 S.C.R. 341; 449 N.R. 313; 310 O.A.C. 19; 2013 SCC 53, refd to. [para. 54]. Cuthbertson v. Rasouli - see Rasouli v. Sunnybrook Health Sciences Centre e......
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1 firm's commentaries
  • CCB Rules No Jurisdiction Where Patient Declared Brain Dead
    • Canada
    • Mondaq Canada
    • November 4, 2016
    ...28, 2016) and Re EI (released September 30, 2016) 2 Re UH at page 8. 3 Ibid. at page 10. 4 Re EI at page 9. 5 Cuthbertson v. Rasouli,[2013] S.C.C. 53. About The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about you......
5 books & journal articles
  • Notes
    • Canada
    • Understanding Canada Drafting, Interpreting, and Applying Legislation Part Two. Interpreting and Applying Legislation
    • August 22, 2023
    ...responsible for their conduct. 15 See, for example, R v Appulonappa , 2015 SCC 59 at para 34. 16 SO 1996, c 2, Sched A. 17 2013 SCC 53, [2013] 3 SCR 341. 18 Ibid at para 50. 19 Ibid at para 155. 20 See, for example, the Accessible Canada Act , SC 2019, c 10, s 5: 5 he purpose of this Act is......
  • Fiduciary duties, conflict of interest, and proper exercise of judgment.
    • Canada
    • McGill Law Journal Vol. 62 No. 1, September - September 2016
    • September 1, 2016
    ... ... , 13 DLR (4th) 321; Lac Minerals Ltd v International Corona Resources Ltd, [1989] 2 SCR 574 at 597, 648, 61 DLR (4th) 14 [Lac Minerals]; Cuthbertson v Rasouli, 2013 SCC 53 at para 193, [2013] 3 SCR 341; Ernest J Weinrib, 'The Fiduciary Obligation" (1975) 25:1 UTLJ 1 at 7). The context-driven ... ...
  • Writing Reasons: A Handbook for Judges, 4th ed.
    • Canada
    • McGill Law Journal Vol. 63 No. 1, September 2017
    • September 1, 2017
    ...since the 17th century). (5) Berry, supra note 1 at 22. (6) Ibid at 23. (7) Ibid. (8) Cuthbertson v Rasouli, 2013 SCC 53 at para 1, [2013] 3 SCR 341. (9) See Berry, supra note 1 at 3-8 (describing focus first writing as involving "the addition of a context at the outset that will clarify th......
  • Understanding Fiduciary Duties And Relationship Fiduciarity.
    • Canada
    • McGill Law Journal Vol. 62 No. 4, June 2017
    • June 1, 2017
    ... ... acknowledged and accepted that there is no outermost limit on the number or type of relations that may be described as fiduciary: see Cuthbertson v Rasouli, 2013 SCC 53 at para 193, [2013] 3 SCR 341; Western Canadian Shopping Centres Inc v Dutton, 2001 SCC 46 at para 55, [2001] 2 SCR 534; ... ...
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