The Canadian Law Times, Volume 18Carswell, 1899 - Canada 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." |
Contents
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Common terms and phrases
action affidavit affirmed agreement alleged allowed amended amount application assignment Aylesworth ballot BOYD by-law cause Chambers charge city of Halifax claim client codicil contract conveyance conviction corporation County Court Court of Appeal Court of Canada creditors Criminal Crown damages debt debtor deceased decision defendant defendant's dismissed with costs Division Court duty entitled estoppel evidence execution executors fact FALCONBRIDGE habeas corpus Held High Court injury intention issued judgment jurisdiction jury Justice land learned Judge lease liable lien malice MANITOBA matter ment MEREDITH mortgage motion Municipal North-West Territories notice NOVA SCOTIA offence Ontario owner paid party payment person plaintiff possession proceedings Province provisions purchaser Quebec question railway reasonable received recover referred Regina respondent Rule security for costs solicitor statement of claim statute Supreme Court tenant testator tion township trial trust vendor Wallace Nesbitt wife words
Popular passages
Page 181 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 182 - wilfully,' however, in that rule, we must understand, if not that the party represents that to be true which he knows to be untrue, at least that he means his representation to be acted upon, and that it is acted upon accordingly; and if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take...
Page 420 - Esher's judgment at p. 491 : i have for a long time understood that rule to be that the Court has no right to imply in a written contract any such stipulation, unless, on considering the terms of the contract in a reasonable and business manner, an implication necessarily arises that the parties must have intended that the suggested stipulation should exist. It is not enough to say that it would be a reasonable thing to make such an implication. It must be a necessary implication in the sense that...
Page 235 - So many and varied are the circumstances to be taken into account in determining the value of property condemned for public purposes, that it is perhaps impossible to formulate a rule to govern its appraisement in all cases. Exceptional circumstances will modify the most carefully guarded rule; but, as a general thing, we should say that the compensation to the owner is to be estimated by reference to the uses for which the property is suitable, having regard to the existing business or wants of...
Page 181 - A party who negligently or culpably stands by and allows another to contract on the faith and understanding of a fact which he can contradict, cannot afterwards dispute that fact in an action against the person whom he has himself assisted in deceiving.
Page 224 - And the folk were cheering both, as they took part on either side. And heralds kept order among the folk, while the elders on polished stones were sitting in the sacred circle, and holding in their hands staves from the loud-voiced heralds. Then before the people they rose up and gave judgment each in turn. And in the midst lay two talents of gold, to be given unto him who should plead among them most righteously.
Page 231 - In this and similar cases the Legislature alone can, and, indeed, frequently does. interpose and compel the individual to acquiesce, but how does it interpose and compel ? Not by absolutely stripping the subject of his property in an arbitrary manner, but by giving him a full indemnification and equivalent for the injury thereby sustained.
Page 126 - But if the persuasion be used for the indirect purpose of injuring the plaintiff, or of benefiting the defendant at the expense of the plaintiff, it is a malicious act which is in law and in fact a wrong act...
Page 25 - That no will or codicil, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner herein-before required, and showing an intention to revive the same ; and when any will or codicil which shall be partly revoked, and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to...
Page 123 - That every such Action shall be for the Benefit of the Wife, Husband, Parent, and Child of the Person whose Death shall have been so caused, and shall be brought by and in the Name of the Executor or Administrator of the Person deceased...