The Canadian Law Times, Volume 17Carswell, 1898 - 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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Common terms and phrases
action affidavit affirmed alienation alleged amended application assessed assignment authority Beav borrowing breach building societies by-law Canada Chief Justice claim clause condition contract conveyance corporation costs County Court Court of Appeal creditors damages debt debtor decision declared deed defendant devise Devolution dismissed Division Court Divisional Court duty effect enactment entitled equity estoppel evidence execution executors fact favour fee simple fraud given grant heirs Held intention interest interpleader issue Judge judgment jurisdiction Justice Burton land landlord lease Legislature liable limited Lord MANITOBA ment misrepresentation mortgage mortgagor motion Municipal notice Ontario paid parties payment person plaintiff pleading possession proceedings provision purchase money question referred Regina respondent restraint resulting trust rule security for costs sheriff solicitor statement of claim statute Supreme Court tenant thereof tion Toronto trial ultra vires void words writ writ of summons
Popular passages
Page 233 - First, in order to sustain an action of deceit there must be proof of fraud, and nothing short of that will suffice. Secondly, fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false.
Page 165 - 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.
Page 285 - The rule of law is clear that where one by his words or conduct wilfully causes another to believe in 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 205 - For the purpose of determining the object of a testator's bounty, or the subject of disposition, or the quantity of interest intended to be given by his will, a Court may inquire into every material fact relating to the person, who claims to be interested under the will, and to the property, which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs ; for the purpose of enabling the Court to identify the person or thing intended by the testator,...
Page 70 - ... shall have in her own name the same remedies, both civil and criminal, against all persons whomsoever for the protection and security of such wages, earnings, money, and property, and of any chattels or other property purchased or obtained by means thereof for her own use, as if such wages, earnings, moneys, chattels, and property belonged to her as an unmarried woman...
Page 206 - Notwithstanding the rule of law, which makes a will void for uncertainty, where the words, aided by evidence of the material facts of the case, are insufficient to determine the testator's meaning — courts of law, in certain special cases, admit extrinsic evidence of intention to make certain the person or thing intended, where the description in the will is insufficient for the purpose.
Page 206 - These cases may be thus defined : Where the object of a testator's bounty, or the subject of disposition, (ie, the person or thing intended) is described in terms which are applicable indifferently to more than one person or thing, evidence is admissible to prove which of the persons or things so described was intended by the testator.
Page 326 - Defendant, by affidavit or otherwise, shall satisfy him that he has a good defence to the action on the merits, or disclose such facts as may be deemed sufficient to entitle him to defend, make an order empowering the Plaintiff to enter judgment accordingly.
Page 278 - The words of the statute (a) arc " no goods or chattels whatsoever lying or being in or upon any messuage, lands, or tenements, which are or shall be leased for life or lives, term of years, at will or otherwise, shall be liable to be taken by virtue of any execution on any pretence whatsoever, (a) 8 Ann.
Page 18 - All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...