Legal Word of the Day: “Derogation”

Photo: Josh Nevlin

Photo: Josh Nevlin

“Derogation” — Partial repeal or modification of legislation or common law, usually by a subsequent act or ruling that limits or restricts its original intent or scope; to move away from, reduce, modify or diminish.

Relevant cases:

Pellerin v. Conseil scolaire de district catholique Centre-Sud, 2009 HRTO 1238 (CanLII)
The specific derogates the general.

R. v. Williams, 2004 ONCJ 80 (CanLII)
“Section 36 of the CEA provides that Part I, which includes ss. 23 and 28, is in addition to, and not in derogation of, any powers to prove documents ‘existing at law’.”

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