The Canadian Law Times, Volume 2Carswell, 1882 From 1900 to 1908 includes the "Annual digest of Canadian cases ... decided in the Judicial Committee of the Privy Council, in the Supreme and Exchequer Courts of Canada, and in the courts of the provinces ... Edited by Edward B. Brown." |
Índice
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Outras edições - Ver tudo
Palavras e frases frequentes
action agreement applied appointed assigned authority Bethune bill British Columbia British North America Cassels Chancery Division cited claim Common Law Company constitution contract conveyance costs County Court Court of Appeal Court of Canada creditor damages debt debtor decision default defendant defendant's delivered discharge Divisional Court Dominion duty election enactment entitled equity equity of redemption evidence execution fact granted Held High Court insolvent interpleader issue judgment Judicature Act jurisdiction jury land learned Judge learned writer legislative liable lien Master in Chambers matter ment mortgage mortgagor motion notice officers Ontario opinion paid Parliament of Canada parties payment plaintiff possession procedure proceedings Provincial Courts Provincial Legislatures purchaser Queen's Bench Queen's Bench Division question R. S. O. cap railway recover reference respect rule says section 92 solicitor statute Supreme Court taxes thereof third person tion trial trust ultra vires Vict writ
Passagens conhecidas
Página 520 - Brunswick, respectively, as if the union had not been made ; subject, nevertheless (except with respect to such as are enacted by or exist under acts of the parliament of Great Britain, or of the parliament of the united kingdom of Great Britain and Ireland), to be repealed, abolished or altered by the parliament of Canada, or by the legislature of the respective province, according to the authority of the parliament or of that legislature under this act.
Página 414 - It can, in short, do everything that is not naturally impossible, and, therefore, some have not scrupled to call its power, by a figure rather too bold, the Omnipotence of Parliament.
Página 270 - For Mr. Whistler's own sake, no less than for the protection of the purchaser, Sir Coutts Lindsay ought not to have admitted works into the gallery in which the ill-educated conceit of the artist so nearly approached the aspect of wilful imposture. I have seen, and heard, much of Cockney impudence before now ; but never expected to hear a coxcomb ask two hundred guineas for flinging a pot of paint in the public's face.
Página 415 - It appears in our books that in many cases the common law will control Acts of Parliament, and sometimes adjudge them to be utterly void...
Página 116 - To give a third party who may derive a benefit from the performance of the promise an action, there must be, first : an intent by the promisee to secure some benefit to the third party; and, second, some privity between the two, the promisee and the party to be benefited, and some obligation or duty owing from the former to the latter which would give him a legal or equitable claim to the benefit of the promise or an equivalent from him personally.
Página 462 - ... in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied. But all inconsistencies are to be reconciled by the magic of the word CONFIDENCE.
Página 415 - And what my Lord Coke says in Dr. Bonham's case in his 8 Co. is far from any extravagancy, for it is a very reasonable and true saying, that if an Act of Parliament should ordain that the same person should be party and Judge, or, which is the same thing, Judge in his own cause, it would be a void Act of Parliament...
Página 509 - The parliament of Canada may, notwithstanding anything in this act, from time to time provide for the constitution, maintenance and organization of a general court of appeal for Canada, and for the establishment of any additional courts for the better administration of the laws of Canada.
Página 423 - It would be impossible to advance a step in the construction of a scheme for the administration of insolvent estates without interfering with and modifying some of the ordinary rights of property, and other civil rights, nor without providing some mode of special procedure for the vesting, realization, and distribution of the estate, and the settlement of the liabilities of the insolvent. Procedure must necessarily form an essential part of any law dealing with insolvency.
Página 321 - Notwithstanding anything in this Act, the Parliament of Canada may make provision for the uniformity of all or any of the laws relative to property and civil rights in Ontario, Nova Scotia, and New Brunswick, and of the procedure of all or any of the courts in those three Provinces, and from and after the passing of any Act in that behalf, the power of the Parliament of Canada to make laws in relation to any matter comprised in any such Act shall, notwithstanding anything in this Act, be unrestricted...