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Online Legal Forms – Are They Valid and Enforceable? Spammers…
Feb 04

Where’s the legal authority? Look at the context!

Business Law Add comments

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only.  If you need legal advice, you should seek professional assistance (e.g. make a post on Dynamic Lawyers).  We have Toronto, Ottawa, Hamilton, Mississauga, Brampton, and other Ontario business lawyers registered on the website who can answer your questions or help you.  I should know – I’m one of them and you can contact me directly.

The law does not operate in a vacuum.  There is a context.  Take the following example.  A real estate agent is investigated by the governing body, the Real Estate Council of Ontario.  Now the investigator can’t just do or say whatever they feel like.  There are limits on their ability to investigate.  There are also limits on how the Discipline and Appeals Tribunal deals with maters.  Those limits can be found in the Real Estate Business and Brokers Act, 2002, the Statutory Powers Procedure Act, and the Discipline and Appeals Committees Rules of Practice.  Limits can also be found in judge-made law (called the common law).  Part of a lawyer’s job is to review all of the governing legislation to see that they’ve been complied with.  Failure to comply may result in a remedy.

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