Date: Tue, 2 Oct 2007 20:19

From: Jason Neyers

Subject: Breach of Statute in Canada

Dear Colleagues:

Those of you interested in the effect of statutes in private law will find the decision of the Ontario Court of Appeal in Canada Post Corporation v. G3 Worldwide (Canada) Inc very interesting. The case centers around whether CP could seek an injunction and gain-based damages from a company which violated its letter carrying monopoly.

The result and the reasoning are both quite consistent with the view (which I think is right) that Canadian statutes create private rights, even if the Act has criminal sanctions, provided that the recognition of such private rights is not inconsistent with the public rights (Cooper v Hobart) or the legislation has not occupied the field (Bhadauria). A further nail in the Saskatchewan Wheat Pool coffin (or at least in one view of that case)?

Happy Reading,

--
Jason Neyers
Associate Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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