Toronto Type Foundry Co. v. The Mergenthaler Linotype Co.

In construing an Act of the Parliament of Canada, there is a presumption in law that the jurisdiction has not been Where the subject matter of legislation the Parliament of Canada, although situate wholly within a province, is obviously beyond the powers of the local legislature, there is no necessity for an enacting clause specially declaring the works to be for the general advantage of Canada or for the advantage of two or more of the provinces.

Semble, per Sedgewick and Davies JJ. (Girouard and Idington JJ. contra).-A recital in the preamble to a special private Act, enacted by the Parliament of Canada, is not such a declaration as that contemplated by sub-section of section 92 of the British North America Act, in order to bring the subject matter of the legislation within the jurisdiction of Parliament. motion made, while the case was standing for judgment, to have the case remitted back to the courts below for the purpose of the adduction of newly-discovered evidence as to the refusal of Parliament to make the above-mentioned declaration was refused with costs.

*PRESENT:-Sir Elz~ar Tasehereau C.J. and Sedgewick, Girouard, Davies and Idington JJ.