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CA Intermediate · Corporate and Other Laws · Interpretation of Statutes

A municipal by-law states: "No person shall bring any dog, cat, or other animal into the public garden." Ramesh enters the garden with a pet horse. Applying the rule of ejusdem generis, what is the correct position?

The by-law does not cover the horse. Under ejusdem generis, general words following specific words are limited to the same class. Dogs and cats are small domestic pets, so 'other animal' means similar pets, and a horse falls outside that genus.

  1. AThe by-law does not cover the horse, because the general words 'other animal' are limited to animals of the same kind as dogs and cats, i.e. small domestic petsCorrect
  2. BThe by-law covers the horse, because 'other animal' must be given its widest literal meaning
  3. CThe by-law covers the horse, because the by-law is penal and must be read broadly against the citizen
  4. DThe by-law is void for vagueness, because general words cannot follow specific words

Explanation

Ejusdem generis applies where specific words of a class are followed by general words. The general words 'other animal' are read as limited to things of the same kind as dogs and cats, i.e. small pets. A horse is not of that genus, so the by-law does not catch it. The second option ignores the rule and applies a literal meaning.

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