PUB2 101D2 Lecture 18: PUB2-101 - Class 18 - nov 15

• School: McGill University
• Department: Public Law 2
• Course: PUB2 101D2
• Professor: Alexander Pless

Document Summary

Economic powers 5 - property and civil rights cont"d. Exam: 2 fact patterns 30% each, and a 40% essay. The distribution of legislative power: provincial power to make laws in relation to the incorporation of companies with provincial objects". However, the federal govnt had an incorporating power (with objects other than provincial) since parsons case by virtue of residuary character of pogg. Bonanza greek case required any company incorporated outside the territory, other than federally- incorporated companies, to obtain a licence from the territorial government in order to carry on business in the territory. Hogg thinks the statute doesn"t impose functional limitation. Main point: there is very little difference between the federal and provincial incorporating powers. Both powers extend to the full range of possible corporate objects. Outside the province of incorporation, the provincial company is dependent upon the laws of each jurisdiction in which it seeks to operate for recognition of its legal personality.