Friday, November 21, 2014

Statutes may be considered even if not pleaded

Mason Homes Limited v. Woodford, 2014 ONCA 816:

[15]       We are of the view that the respondents' failure to plead the Act was not a bar to its consideration by the trial judge, who is permitted to have regard to applicable statutes. However, the trial judge erred in his analysis and application of the Act.

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