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LAW 525 final study note
LAW 525 - The Law of the Marketplace
88 Pages • Complete Study Notes • Year Uploaded: 2024
NL claims GM’s action are wrongful under the Combines Investigation Act and files a lawsuit using a private right of action under the Combines Investigation Act. GM argues that the Combines Investigation Act is acting outside of its authority because private rights of action fall under Provincial legislation (S.92, ss.13) whereas the Combines Investigation Act is a Federal legislation (S.91, ss.2) 1. Does Ultra Vires occur? a. Yes, but the courts suggest that because there is no conflict between the provincial and federal legislation and only a mere overlap, GM is still liable. Example of Ultra Vires occurring, but it being merely incidental R vs Cosman’s Furniture: Cosman sold cribs, they were found to be unsafe and banned by the Hazardous Protection Act. Cosman challenged the HPA as Ultra Vires because as a Federal legislation it infringes provincial legislative power (S.92, ss.13). 1. Is the HPA exercising provincial law under Property & Civil Ri
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