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Old 02-05-2013, 04:30 PM
Mess Mess is offline
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It's completely unlikely that any case law exists. As we already discussed, the inclusion of benefits in calculation of section 7 expenses is explicitly stated in legislation. Case law would only show up if there was an inconsistancy and a judge sought to overrule legislation.

If you are constructing an argument, your first cite is legislation. If the other party seeks an exception, they must justify it and cite their own case law.

So the opposite applies, you are not finding case law that denies application of benefits to the calculations.
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