The Canada Law Journal, Volume 30W.C. Chewett & Company, 1894 - Law |
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action affirmed agreement amended amount Appeal Lindley application appointed Assessment Act assignment authority bank bankruptcy bill by-law Canada Chancery Division chattels claim Committee contract County Court Court of Appeal creditors damages debtor decision defendant Div'l Court Division Divisional Court Dominion Parliament easement entitled equity evidence execution executors fact favour granted Held High Court indorsed insolvency interest interpleader issue John Forrest judge judgment Judicial jurisdiction jury Justice L.JJ land legislation legislature liable Lord Lord Esher matter ment mortgage mortgagor motion notice Nova Scotia Ontario opinion Osler paid party payment person plaintiff Privy Council proceedings Province purchaser Queen's Bench Queen's Bench Division question railway recover referred respondent Rule solicitor statute streets Sunday Supreme Court tenant testator tion Toronto Toronto Street Railway trial trustees Vict Wallace Nesbitt wife words writ writ of summons
Popular passages
Page 280 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Page 346 - August 1890, the costs of and incident to all proceedings in the Supreme Court, including the administration of estates and trusts, shall be in the discretion of the court or judge, and the court or judge shall have full power to determine by whom and to what extent such costs are to be paid.
Page 246 - ... that the act was done maliciously and without reasonable and probable cause...
Page 302 - 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.
Page 492 - Provided always, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors, or administrators, shall well and truly pay unto the said party of the second part...
Page 523 - Judge, upon hearing of such application, may, if satisfied that there is a question proper to be tried as to the liability of the third party to make the contribution or indemnity claimed, in whole or in part, order the question of such liability, as between the third party and the defendant giving the notice, to be tried in such manner, at or after the trial of the action, as the...
Page 578 - ... from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now payable by law.
Page 518 - An act to explain an act of the eighteenth and nineteenth years of Her present Majesty, enabling infants, with the approbation of "the Court of Chancery, to make binding settlements of their real and personal estate on marriage.
Page 189 - ... government of Canada, in relation to all matters not coming within the classes of subjects by this act assigned exclusively to the legislatures of the provinces; and for greater certainty, but not so as to restrict the generality of the foregoing terms of this section, it is hereby declared that (notwithstanding anything in this act) the exclusive legislative authority of the parliament of Canada extends to all matters coming within the classes of subjects next hereinafter enumerated, that is...
Page 529 - ... was incurred, and as to the property and means he still has of discharging the...