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Monarch Timber Exporters Ltd. v. Bell

[1964] SCR 375 Court SCC Decision date 1964-03-23 English

Decision Majority · Judgment of the Court

Contents

Majority

Mc- CORKLE BROTHERS LOGGING LTD., MENLO CONSTRUCTION CO. LTD., RUE CREEK SERV-

Judgment of the Court

J.:-This is an appeal from the unanimous judgment of the Court of Appeal for British Columbia', dismissing the appellants' appeal from the judgment given at the trial in favour of the respondents.
In my opinion this appeal fails. I agree with the reasons given by Tysoe J.A., who delivered the judgment of the Court of Appeal, in finding that the defaults alleged by the respondent, MacMillan, Bloedel & Powell River Industries Ltd., in paragraphs 1 and 2 of its notice of default dated May 16, 1961, addressed to the appellants, in respect of the agreement dated September 17, 1957, had been successfully established.
It was conceded in argument by counsel for the appellants, and I agree, that the contention of counsel for the