Julie Mouris was quoted in an article titled “When is a painting of ‘national importance’? Court weighs in” published in Law Times yesterday. The article was in relation to the April 16 decision Canada (Attorney General) v. Heffel Gallery Limited, 2019 FCA 82. The Federal Court of Appeal ruled that it was reasonable for the Canadian Cultural Property Export Review Board to find that an 1892 painting, Iris bleus by Gustave Caillebotte, was of “national importance” such that the Board could place a delay on its export.
“Ottawa-based Conway Baxter Wilson LLP associate Julie Mouris […] says the decision shows that in situations with open-ended or undefined terms, the courts will afford considerable deference to an administrative tribunal’s interpretation of the term.
“So, for us, the takeaway is that the deferential standard is very high and very difficult to overcome because the board is seen to have some considerable expertise over the interpretation of the provisions,” Mouris says.”