Law · Legal Information · Justice
 

Golden Rule

A rule of statutory or legal document interpretation which allows a shift from the ordinary sense of as word(s) if the overall content of the document demands it.

A rule of statutory or legal document interpretation which allows a shift from the ordinary sense of as word(s) if the overall content of the document demands it.

In the British case Grey v. Pearson, (1857) 6 ER 60, quoted with approval in Bilawchuk v Blomberg 2000 ABQB 824,  published at canlii.org/en/ab/abqb/doc/2000/2000abqb824/2000abqb824.html, the golden rule was defined as follows:

"In construing all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistence with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further."

As the British Columbia Court of Appeal wrote in 1991, Krusel v Firth, published at 58 BCLR 2d 145:

"(T)he golden rule ... is most often applied so as to resolve ambiguity in statutory language in favour of that meaning which will best achieve the intention of the legislature revealed by the statute as a whole.

"The rule requires also that words having only one meaning on a logical reading of the statute - language, that is to say, which gives rise to no ambiguity - shall nevertheless not be given that natural meaning where the result would be unjust or absurd or would contradict the plain purpose or intent of the statute, as discovered from a reading of the whole and from the character which, in the absence of contrary words, the law ascribes to statutes of that sort."

Latest LagMag headlines:

Pro Bono Hypocrisy

Envelope please! (Drum roll.) The award for pro bono works goes to ... John Doe, Esquire and Q.C. ..... because he has the highest rates to his paying clients and he can afford to charade as a poverty avenger!

End of the World Law

As we all march to our lemming-like demise upon the cliff of environmental disaster, a path of law back to safety may yet be found.

Polygamy Now Safely Brewed In British Columbia?

The Provincial government's top law enforcement officer toys with not prosecuting polygamists and bigamists, anticipating a Charter ass-kicking in Court. If so, law is orphaned and we all suffer.


Read earlier headlines »
Subscribe to stay in touch »


Switch to variable width

Switch to fixed width

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top