The Canadian Law Times, Volume 18
Carswell, 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."
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action affidavit affirmed agreement alleged allowed amended amount application assignment ballot bill by-law Canada cause Chambers charge city of Halifax claim client codicil contract conveyance conviction corporation County Court Court of Appeal creditors Criminal Crown damages debt debtor deceased decision defendant defendant's demurrer dismissed with costs Division Court Divisional Court duty entitled estoppel evidence execution executors fact FALCONBRIDGE FERRUARY habeas corpus Held High Court injury intention issued judgment jurisdiction jury Justice land learned Judge lease liable lien Lord malice Manitoba matter ment MEREDITH mortgage motion Municipal notice offence officer Ontario owner paid party payment person plaintiff possession proceedings Province provisions purchaser quash 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
Page 181 - Bench that 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 - ... if whatever a man's real intention may be he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page 418 - 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 18 - Notwithstanding any stipulation or agreement to the contrary, any action or proceeding against the insurer for the recovery of any claim under or by virtue of a contract of insurance of the person, may be commenced at any time within...
Page 272 - ... shall be a condition precedent to the right of the contractor to receive any money under this contract.
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 222 - 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 160 - 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, and therefore a wrongful act, and therefore an actionable act if injury ensues from it.
Page 229 - 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.