Reports of Cases Decided in the Court of Appeal

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Σελίδα 96 - Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.
Σελίδα 518 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Σελίδα 424 - ... 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 to say : — 1.
Σελίδα 434 - It is, we think, a sound principle, that, when a government becomes a partner in any trading company, it divests itself, so far as it concerns the transactions of that company, of its sovereign character, and takes that of a private citizen.
Σελίδα 282 - ... other the premises hereby conveyed, or intended so to be, with their and every of their appurtenances, unto the said covenantee, in manner aforesaid, and according to the true intent of these presents.
Σελίδα 234 - ... the authority of the Parliament of Canada, or of the legislature of any province of Canada...
Σελίδα 49 - The conclusion to be deduced from the authorities is that where power is given to public officers, in the language of the act before us or in equivalent language, whenever the public interest or Individual rights call for its exercise, the language used, though permissive in form, is in fact peremptory.
Σελίδα 128 - ... may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; and...
Σελίδα 197 - The doctrine of laches in Courts of Equity is not an arbitrary or technical doctrine. Where it would be practically unjust to give a remedy, either because the party has, by his conduct, done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has, though perhaps not waiving that remedy, yet put the other...
Σελίδα 296 - Board made hereunder, or omitting to do any matter, act or thing required to be done on the part of any such company, or person, is liable to any person injured thereby...

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