Digest, Canadian Case Law, Volume 8

Capa
Carswell Company, 1919
 

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Página 135 - In and for each Province the legislature may exclusively make laws in relation to education, subject and according to the following provisions: 1) Nothing in any such law shall prejudicially affect any right or privilege with respect to denominational schools which any class of persons have by law in the Province at the union...
Página 511 - ... who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.
Página 351 - CONDITIONS. 1. If any person or persons insures his or their buildings or goods and causes the same to be described otherwise than as they really are to the prejudice of the company or misrepresents or omits to communicate any circumstance which is material to be made known to the company in order -to enable it to judge of the risk it undertakes such insurance shall be of no force in respect to the property in regard to which the misrepresentation or omission is made.
Página 195 - On the other hand, the mere fact that the evidence adduced tends to show the commission of other crimes does not render it inadmissible if it be relevant to an issue before the jury, and it may be so relevant if it bears upon the question whether the acts alleged to constitute the crime charged in the indictment were designed or accidental, or to rebut a defence which would otherwise be open to the accused.
Página 237 - Though the parties to a contract who use the words "penalty" or "liquidated damages" may prima facie be supposed to mean what they say, yet the expression used is not conclusive. The Court must find out whether the payment stipulated is in truth a penalty or liquidated damages.
Página 551 - The amount of any loss or damage for which any carrier is liable shall be computed on the basis of the value of the goods at the place and time of shipment...
Página 427 - Was it part of the injured person's employment to hazard, to suffer, or to do that which caused his injury ? If yea, the accident arose out of his employment. If nay, it did not, because what it was not part of the employment to hazard, to suffer, or to do, cannot well be the cause of an accident arising out of the employment.
Página 425 - ... where total or partial incapacity for work results from the injury, a weekly payment during the incapacity after the second week not exceeding fifty per cent, of his average weekly earnings during the previous twelve months, if he has been so long employed, but, if not, then for any less period during which he has been in the employment of the same employer...
Página 183 - Any wrongful act or insult, of such a nature as to be sufficient to deprive an ordinary person of the power of selfcontrol, may be provocation if the offender acts upon it on the sudden, and before there has been time for his passion to cool.
Página 687 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.

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