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action agree agreement allowed amount appeal apply argument assignment authority bank brought BURTON called charge claim clause clear consider construction contract costs Court creditors Crown damages deal debt decided decision defendant directed dismissed Dominion duty effect entered entitled evidence execution existence express extend fact give given grant ground HAGARTY held hold intended interest issue Judge Judgment jury Justice land learned Judge legislation Legislature liability license limits MACLENNAN March matter meaning ment merely mortgage municipality necessary notes notice objection obtained opinion OSLER paid Parliament parties passed patent payment person plaintiff possession present proceedings Province purchaser question railway reason received recover referred respect shares Statement statute sufficient taken timber tion trial trustee vendor waters whole
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 234 - ... the authority of the Parliament of Canada, or of the legislature of any province of Canada...
Page 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.
Page 128 - ... may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; and...
Page 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...