Can the per incuriam exception be extended to include a case where the only indication that Homer nodded is that one thinks the word cannot bear?

Manitoba, Canada


The following excerpt is from John Deere Ltd. v. Firdale Farms Ltd., 1987 CanLII 5348 (MB CA):

What we are concerned with in this case is a particular application of the "per incuriam" exception. Scarman L.J. (as he then was) spoke of it in Farrell v. Alexander, [1976] 1 All E.R. 129, in these terms (at p. 145): Can one, however, extend the "per incuriam" exception so as to include a case where the only indication that "Homer nodded" is that one thinks the court put on the words of the statute a meaning which they cannot bear, and one which leads to a result that appears to be contrary to the purpose of the statute? For myself I would agree with Lord Denning MR that one can — in a proper case. But to do so we must be prepared to say not merely that we prefer another construction to that favoured by the court whose decision is under challenge; we must be able to demonstrate that the words of the statute are capable of only one meaning and that the meaning attributed to them by the previous decision is an impossibility. Mistake, not a difference of opinion, is the criterion.

Other Questions


Does the doctrine of res judicata extend to rulings as to the admissibility of confessions? (Manitoba, Canada)
Can a search of the inside of a person's pocket be expanded to include a search for evidence against him? (Manitoba, Canada)
What is the threshold for an Article 13(b) exception to return? (Manitoba, Canada)
Does the absence of an independent, non-member of the RCMP to decide appeals of disputes extend to the entire body of the force? (Manitoba, Canada)
Can an elderly mother who cannot read or write a Deed or Deed, who is unable to do so, overturn the Deed? (Manitoba, Canada)
Is a plaintiff liable if he is injured by one of two negligent defendants but cannot prove either of the two defendants was responsible for his loss? (Manitoba, Canada)
What is the dying declaration exception to the hearsay rule? (Manitoba, Canada)
Can the disclosure of evidence in a computer readable format meet the duty of disclosure under the Statutes of Canada? (Manitoba, Canada)
What are the consequences of a defendant not knowing or otherwise knowing of a patent violation? (Manitoba, Canada)
Is recognition of a foreign judgment valid when considering whether a local action is estopped? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.