The Canadian Law Times, Volume 2
Edward Douglas Armour, Edward Betley Brown, Edward Gillis, Alfred Taylour Hunter
Carswell & Company, 1882 - 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."
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Page 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of the parliament of Great Britain, or of the parliament of the united kingdom of Great Britain and Ireland), to be repealed, abolished or altered by the parliament of Canada, or by the legislature of the respective province, according to the authority of the parliament or of that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.
Page 268 - 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.
Page 413 - 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...
Page 114 - 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.
Page 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.
Page 413 - 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...
Page 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.
Page 421 - 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.
Page 319 - 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...