The Western Law Reporter Canada and Index-digest, Том 6L. S. Le Vernois, Esten Kenneth Williams, Edward Betley Brown Carswell, 1907 |
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action affidavit agreed agreement alleged allowed amount appeal application assessment ASSINIBOIA authority bank Barrett Barrister-at-Law Boileau Brindamour BRITISH COLUMBIA by-law Calgary Canadian certificate charge chattels cheque Commissioner contract corporation costs council counsel counterclaim Court creditors creek damages debt default defendant defendant's dismissed ditch entitled evidence fact favour fendant filed garnishee given Gold Commissioner Grand Lodge grant ground intended interest issue judgment judgment debtor jurisdiction jury land liable license lien Manitoba matter ment Moosomin mortgage Municipal negligence NORTH-WEST PROVINCES notice Ontario opinion Ordinance owner paid parties payment person Placer Mining plain plaintiff possession proceedings purchase question Railway reason referred refused Regina Rule says sell shew shewn solicitors statement of claim statute street sub-sec summons Supreme Lodge taken taxes tiff tion trial Judge Winnipeg witness YUKON TERRITORY
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Сторінка 624 - If, for instance, they were found to be partial, and unequal in their operation as between different classes : if they were manifestly unjust ; if they disclosed bad faith ; if they involved such oppressive or gratuitous interference with the rights of those subject to them as could find no justification in the minds of reasonable men the Court might well say, " Parliament never intended to give authority to make such rules ; they are unreasonable and ultra vires," But it is in this sense only.
Сторінка 78 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
Сторінка 568 - The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require.
Сторінка 733 - The jurisdiction of every council shall be confined to Jurisdiction of the municipality the council represents, except where authority o0""1-''18beyond the same is expressly given ; and the powers of the council shall be exercised by by-law, when not otherwise authorized or provided for.
Сторінка 118 - An implied condition on the part of the seller that in the case of a sale he has a right to sell the goods, and that in the case of an agreement to sell he will have a right to sell the goods at the time when the property is to pass...
Сторінка 624 - ... qualification or an exception which some judges may think ought to be there. Surely it is not too much to say that in matters which directly and mainly concern the people of the county, who have the right to choose those whom they think best fitted to represent them in their local government bodies, such representatives may be trusted to understand their own requirements better than judges.
Сторінка 313 - Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed, out of respect to the Legislature, to be intended not to have a retrospective operation.
Сторінка 556 - Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and if the sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
Сторінка 398 - Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.
Сторінка 221 - The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment: a.