Majority
of Canada (1), in favour of the Crown.
In 1897 the appellants obtained the contract for clearing out the channel through the Gallows Rapids in the St. Lawrence and later, under the same contract, of deepening and widening the channel. Payments were to be made only on the certificate of the engineer, the contractors, if not satisfied with any such certificate, being obliged to file their claims within thirty days from its receipt.
The work was completed, the securities released, and the plant handed over to the contractors, after which they filed a claim for about $130,000 which two engineers had certified they were entitled to. The Exchequer Court judge dismissed an action to recover this amount on the ground that no claim for any part of the amount was filed as the contract required and the final certificate had been issued.
The Supreme Court of Canada affirmed this judgment after hearing and consideration.
Tilley K.C. and Pringle K.C. for the appellants. Howard K.C. and Tyndale K.C. for the respondent. ACTION-Joinder-Separate condemnations-Appeal-"Supreme Court Act,"
s. 40-Arts. 68 and C.P.Q...
Bona fides - Caveat - Married Woman.....................
See TITLE
APPEAL-Jurisdiction - "Matter in controversy" - "Court" - "Public Utilities Commission," R.S.Q., 1909, arts. 718
& seq. - "iSupreme Court Act," R.S.C.,
1906, c. 139, as. 36, 37 (a).] An appeal lies to the Supreme Court of Canada under section 37 of the "Supreme Court Act"
from the judgment of the Court of King's
Bench in the Province of Quebec in an appeal from a ruling of the Quebec Public
Utilities Commission which had affirmed its own jurisdiction to accord running rights to the Intercolonial Railway over the Canada & Gulf Terminal Railway
(Fitzpatrick C.J. and Idington J. dissenting).-Per Fitzpatrick C.J. and Idington
J. (dissenting).
The Public
Utilities
Commission, constituted by R.S.Q. 1909, art. 718, is not a "court" in the sense of that word in the "Supreme Court Act."
GULF RY. Co.
FLEET......
2-Procedure-Stay of proceedings- Filing of bonds-Recovery upon them- Anterior execution against judgment debtors.] Pursuant to the terms of an order for a stay of proceedings under the judgments of the Sapreme Court, the respondents filed bonds, whose condition was that the obligation should be void if special leave to appeal to the Privy Council should not be granted and the respondents should pay such damages and costs as has been awarded. The appellants made application for delivery out of the bonds, alleging and establishing by affidavits that leave to appeal had been refused and that the debt and costs were unpaid.-Held, that it was not incumbent upon the appellants to shew that they had exhausted their remedie's against the respondents by execution before taking any step towards recovery upon the bonds.
DomINIoN Co..........
APPEAL-continued.
3-Appeal-Jurisdiction - Intervention -Judicial proceeding-Matter in controversy-"Supreme Court Act," a. 46.] An intervention is a "judicial"
proceeding within the meaning of section 46 of the "Supreme Court Act."-The matter in controversy, which will determine the jurisdiction of the Supreme Court *of Canada, is the amount in issue upon the intervention and not the one originally claimed on the main action.
King v. Dupuis (28 Can. S.C.R. 388) and v. Richardson Co. (38 Can. S.C.R. 41), followed. v. 4-Appeal -Jurisdiction - Joinder of several actions-Separate condemnations- "Supreme Court Act," s. 40-Articles 68 and 69 C.P.Q.1 The respondents, eleven in number, alleging injury by the same libel, claimed from the appellant damages to the extent of $22,000, but asked separate condemnation of $2,000 in favour of each of them. The judgment of the trial court was affirmed by the Superior Court sitting in review.-Held, that the appellant was in the same position as if eleven separate actions had been taken, and as each would have been for a sum less than $5,000, no appeal lay to the Supreme Court of Canada. IBsOTso..................... Non-jury trial-Fidings of judge-Interference with on appeal.] In an action claiming damages for breach of contract alleged to be made through the medium of telegrams and letters confirming a verbal agreement, the defence was thatthere was no completed contract or if there was that it had been terminated by laches of the plaintiff. The trial judge held that there was an existing contract and awarded the plaintiff the damages claimed, but hs judgment was varied by the Appellate Division which set aside the assessment of damages and directed a reference therefor.-Held, per Davies and Anglin JJ. and Falconbridge C.J. that, though an appeal lies from the judgment of a judge at the trial on questions of fact as well as of law, on the former an appellate court should not inter- APPEAL--continued.
fere with such decision of the judge who has seen and heard the witnesses unless there is some good and special reason for doubting its soundness. In this case there was no such reason and the judgment at the trial'should stand. MoRRow
6-Appeal - Jurisdiction-Assessment and taxtion-" Supreme Court Act "R.S.C.
1906, s. An appeal lies to the Supreme
Court of Canada under section 41 of the
"Supreme Court Act" from the jugdment of the Local Government Board of Saskatchewan sitting in appeal from the Cour of Revision in respect of assessments for taxation purposes,
Fitzpatrick
C.J.
dubitane.
Pearce v. Calgary (54 Can.
S.C.R; 1; 32 D.L.R. 790; 23 D.L.R. 296;
9 W.W.R.. 195, 668) followed.-Judgment of the Local Government Board of Saskatchewan reversed, Brodeur J. dissenting.
ROGERS
CURRENT...................
7-Final judgment-Substantive part of action-Promissory note.] In an action in the Court of King's Bench, Man., on a document providing for payment of money a case was stated for the opinion of the court as to whether or not said document was a promissory note.
On appeal from the judgment of the Court of Appeal thereon:-Held, that the judgment disposed of substantive rights of the parties, and was a final judgment as the same is defined in section 2 (e) of the "Supreme
ARBITRATION AND AWARD -Expropriation - Irregularities prior to notice
- Acquiescence - Actual value - Servitude-62 Vict. c. 58, s. 418.] Held, per.
Davies, Anglin and Brodeur JJ. In proceedings to expropriate lands, taken under the provisions of the charter of the City of Montreal, the expropriated party, by appointing his commissioners and prosecuting his claim before the Board, estops himself after the award is made, from attacking it on the grounds of alleged irregularities anterior to the notice of expropriation.-Per Fitzpatrick C.J. and
Anglin J. The commissioners, in fixing the owner's compensation, are not entitled to make any deduction from the actual value of the expropriated land, in respect of the burden imposed upon it by the confirmation or homologation of a plan.- Per Davies and Brodeur JJ. The commissioners, in finding the actual value of land which, when expropriated, will be- ARBITRATION AND AWARD-cont. come a public street, are bound to take into consideration the facts of the homologation and confirmation of the lines of that street.
Judgment of the Court of King's Bench, appeal side (Q.R. 26 K.B. 557), affirmed.
2-Contract - Arbitration - Breach Stay of action - "Arbitration Act" (Alta.), 9 Edo. VII. c. 6, s. 4.] A contract for the drilling of an oil well provided: "That if at any time during the prosecution of the said work, or after the completion thereof, any dispute, difference or question shall arise between the parties hereto, or any of their representatives, touching the said work, or the construction, meaning, or effect of these presents, or anything herein contained, or the rights or liabilities of the parties or their representatives, under these presents or otherwise in relation to the premises, then every such dispute, difference or question shall be referred to" arbitration. After an award had been made, the appellant took an action in damages for breach of contract and the respondent applied for a stay of action.-Held, Idington J. dissenting, that the intention of the parties was to refer to arbitration not only the disputes between them but also the question whether these disputes fell within the arbitration clause; and that the issues between the parties ought to be determined by arbitration rather than by action.-Per Fitzpatrick C.J. and Anglin and Brodeur JJ. The provision "at any time during the prosecution of the work or after the completion thereof" relates to time and not to the condition of the work and is applicable even if the work is not being prosecuted through the default of one party.-Judgment of the Appellate Division (12 Alta. L.R. 501; 34 D.L.R. 375) affirmed.
Idington J. (dissenting)
. OIL Co. ASSESSMENT AND TAXES-Municipal corporation-Excessive valuation-Statutory appeals-Res judicata-" The Town Act," (Alta.) 1911-12, c. 2, ss. 285, 267.] When a town Act provides a means of relief, in cases of excessive assessment, by way of appeal to a municipal Court of Revision and thence to a District Judge, the decision not appealed against of either of these courts, confirming the assessment, is res judicata: the assessed party cannot afterwards invoke such excessive assess- ASSESSMENT AND TAXES-cont.
ment as a ground of defence in an action for the recovery of the tax.
TOWN
CAMPBELL.............
2-Appeal-Local Government Board of
Saskatchewan - "Supreme s. 41...........
.........
See 6.
ASSIGNMENT - .of Creditors - Secured Claim - "Creditors Trust Deeds
.............
2-Insurance-Employer's liability - Assignment by insured-Right qf assignee against insure .................... 577
BANKRUPTCY AND INSOLVENCY.
BILLS
OF EXCHANGE - Final judgment-Substantive part of action
-Promissory note-Security-Conditional
Payment.] In an action in the Court of
King's Bench, Man., on a document providing for payment of money a case was stated for the opinion of the court as to whether or not said document was a promissory note.
On appeal from the judgment of the Court of Appeal thereon.
-Held, that the judgment disposed of substantive rights of the parties, and was a final judgment as the same is defined in section 2 (e) of the "Supreme Court Act."
-The document was in the following form:
"On the 15th Sept., 1911, without grace., after date I promise to pay to the order of
O'G., A. & Co. at the Bank of Nova
Scotia, Winnipeg, the sum of three thousand dollars, value received."
"Stock certificate for 50 shares Gas Traction Co.
Ltd., attached to be surrendered on payment." The memo. as to shares was Written on the document before it was signed.
-Held,
Brodeur J. (dissenting)
, that the memo. was not an integral part of the document, that it was not a condition but a consequence of payment, and the document was, therefore, a valid promissory note.-Judgment of the Court of Appeal
([1918] 2 W.W.R. 267; 40 D.L.R. 378)
reversing ([1918] 1 W.W.R. 115), affirmed.
v. O'GRADv..............
CASES- 1-Alsop Process Co. v. Friesen & Son
(16 Ex. C.R. 507) affirmed .........
CASES--continued.
2-Anderson v. Canadian Northern Ry. Co. (10 Sask. L.R. 325) affirmed. 134 3-Burchill v. Gowrie and Blockhouse Collieries ([1910] A.C. 614) distinguished. ........... ......... 4-Burkett v. Ott (41 Ont. L.R. 578) reversed...................... 5- Cheeseman v. Canadian Pacific Ry. Co. (45 N.B. Rep. 452) reversed.... 439 6-Clark v. Northern Shirt Co. (17 Ex. C.R. 273) affirmed................. 7-Colonial Real Estate Co. v. Sogurs de la Charit6 de l'Hopital Ghndral de Montrial (Q.R. 27 K.B. 433) affirmed........ 585 8-Cot6 v. Richardson Co. (38 Can. S.C.R. 41) followed.............. 9-Dingle v.
Newspaper Co. (43 Ont. L.R. 218) reversed......... 10-Douglas v. McKay (40 D.L.R. 314) reversed..................... 11-Douglas v. Mutual Life Assurance Co. (13 Alta. L.R. 18) reversed..... 243 12-Eckert v. London Electric Ry. Co. (40 Ont. L.R. 208) affirmed........ 13-Francis v. Allan (43 Onft. L.R.. 479) reversed..................... 14-Franz v. Hansen (12 Alta. L.R. 406) reversed................... 15--General Public Enterprise Co. v. The King (32 D.L.R. 506) reversed.. 527 16--Gilbert Brothers Engineering Co. v. See 12.
17---Gould v. Bradstock (4 Taun. 562) applied............................ CASES-continued.
18-rand
Trunk Ry. Co. v. McDonald
(Q.R. 53 S.C. 460) affirmed .........
19-Hart-Parr Co. v. Wells Sask.
L.R. 132) affirmed.................
20-Jeannotte v. Couillard (Q.R. 3
Q.B. 460) distinguished........... 268
21- Judge v. Town of Liverpool (49
N.S.R. 513) affirmed.............
See 6.
22-King v. Dupuis (28 Can. S.C.R.
388) followed.....................
23- Macleod, Town of, v. Campbell (41
D.L.R. 357;
2 W.W.R. 718)
reversed..........................
See TAXES.
24--Montreal, City of, v. Royal Trust
Co. (Q.R. 26 K.B. 557) affirmed.
25--Newton v. North American Accident Insurance Co. ([1917]
2 W.W.R.
1120) affirmed.....................
26-Ogilvie Flour Mills Co. v. Morrow
Cereal Co. (41 Ont. L.R. 58) reversed in part.........................
27--O'Grady v.
Lecomte
([1918]
W.W.R. 267; 40 D.L.R. 378) affirmed
.........................
&e
28-Orr, in re (40 Ont. L.R. 567)
reversed..........................
29-Pearce v. City oj Calgary (54 Can.
S.C.R. 1) followed.................
See 6.
30-Roth v. Taysen (12 Times L.R.
211) applied......................
31-Russell v. Russell (12 Alta. L.R.
111) affirmed........................
32- Schell v. McCallum (10 Sask. L.R.
440) affirmed.......................
CASES-continued.
33-Schofield v. Emerson Brantingham Implement Co. (38 D.L.R. 528; [19181 1 W.W.R. 306) reversed............ 203 34---Schwersenski v. Vineberg (19 Can. S.C.R. 243) followed............... 35- Spink, in re (41 Ont. L.R. 281) reversed.........
.............
36- Stokes-Stephens Oil Co. v. Mc- Naught (12 Alta. L.R. 501) followed. 549 See 8.
37-Stratton v. Vachon (44 Can. S.C.R. 395) distinguished................. See 9.
38-Victoria-Vancouver Stevedoring Co. v. Grand Trunk Pacific Coast S.S. Co. (38 D.L.R. 468; [1918] 1 W.W.R. 196) affirm ed.......................... 39-Walker v. Canadian Pacific Ry. Co. (11 Sask. L.R. 192) affirmed........ 40- Whiney v. Great NorthernInsurance Co. (10 Alta. L.R. 292) affirmed..... 543 41-Williams Machinery Co. v. Graham (39 D.L.R. 140; [1918] 1 W.W.R. 161) affirm ed.......................... CAVEAT-Married Woman - "Married Woman's Home Protection Act" (Alta.)-"Land Titles Act" (Alta.).... 1 CIVIL CODE - Art. 1082 (Conditional obligations) ......................
See 9.
2- Art. 1106 (Joint and several obligations) ............................ CODE OF CIVIL PROCEDURE - Arts. 68 and 69 (Appeal to Privy Council) ................................. COMMON
EMPLOYMENT - Railway accident-Negligence - Fellow servant .... "Winding-Up
Company in liquidation-Contributory- Subscription for shares-Reduced capital- Power of attorney-Prospectus.] S. signed an application for shares in a company to be formed under the name of The Port
Arthur Mfg. Co., with a capital of one million dollars.
The company was incorporated with the name of Port Arthur
Wagon Co., the capital being $750,000.
S. was allotted his shares, elected a director and executed a power of attorney giving authority to sign his narre to the prospectus of the company, which, on the hearing, he swore he had done on being told that paid-up shares had been transferred to him for services rendered. The company having been placed in liquidation, S. was settled on the list of contributories for the price of the shares subscribed for, but the order placing him on said list was set aside by a judge, confirmed by the
Appellate Division.-Held, Anglin J. dissenting, that S. was properly placed on the list; that his conduct evinced an intention to become a shareholder, and that the reduction in the capital stock and the change in the name of the company did not warrant a rescission of his contract.
C ASE.............................
2-Foreign insurance company - Agent in Canada-Authority ............
.29
CONFLICT OF LAWS - Quebec law - Sale of land-Option-Commisson-Failure of condition-Art. 1082 C.C.
CONSTITUTIONAL
LAW - Statute,
"Railway Act," s. 294.] Per Davies and
Anglin JJ.: Section 294 of the "Railway
Act"' respecting animals at large is intra vires of the Parliament of Canada, and is not in conflict with provincial legislation which permitted animals to be at large unless restricted by municipal regulations.
ERN RY. Co
........
.....
2-Constitutional law - "Milhtary
Service Act, 1917."] The Parliament of
Canada can validly delegate but cannot abandon its legislative powers.-Section 6 of the "War Measures Act 1914," provides that:
"The Governor-in-Council shall have power to do and authorize such acts and things and to make from time to
CONSTITUTIONAL LAW-continued. time such orders and regulations as he may, by reason of the existence of real or apprehended war, deem necessary or advisable for the security, defenee, peace, order and welfare of Canada."
By P. jcint resolution of the Senate and House of Commons of Canada, passed on April 10th, 1918, it was resolved: "That in the opinion of this House it is expedient that regulations respecting Military Service shall be made and enacted by the Governor-in- Council in manner and form and in the words and figures following that is to say," reciting the terms of an order-in-council passed on the following day which made regulations providing, inter alia, for additions to the men included in classes 1 and 2 as liable for service under the "Military Service Act, 1917," that the Governorin-Council might direct orders to issue to men in any class under the Act to report for duty and any exemption granted to any man should cease at noon of the day on which he was so ordered to report and no claim for exemption should be entertained thereafter; and that all men in class 1 should report for duty as required by proclamation under the Act or be liable to the penalties specified for failure to do so.-Held, Idington and Brodeur JJ. dissenting, that this order-in-council was intra vires.-The said section of the "War Measures Act" proceeded to declare that "for greater certainty, but not so as to restrict the generality of the foregoing 'terms, it is hereby declared that the powers of the Governor-in-Council shall extend to all matters coming within the classes of subjects hereinafter enumerated, that is to say-(a) censorship and the control and suppression of publications, etc., and went on to specify other matters also more or less remote from the prosecution of the war.-Held, that the ejusdem generis rule is not applicable because of this enumeration of matters which could be dealt with by the Governor-in-Council.
....... CONTRACT-Contract - Construction - Guarantee-Bond fide agreement.] By agreement between them McC. & V. engaged in the purchase on behalf of S., of securities known as "Purchasers' Agreements." Land in Saskatoon having been sold for $12,000, of which $4,000 was paid in cash. The vendor assigned to McC. & V. the agreement to purchase and the latter drew upon S.- for the amount payable under their agreement.
S. then wired to McC. & V. as follows:-"Certificate of title value five thousand assesment four thousand and fifty Jones allowed penalty on taxes.
No declarations from Love or
Jones as to moneys received or paid only one lot looks dear.
Please explain and guarantee holding draft give men's standing we are afraid been away from home caused delay."
On the same day was wired the following reply:-"Value on title made low to reduce registration costs are getting declarations as to moneys received from Love who is good man agreement good and guarantee it."-Held, the last mentioned document was ambiguous and was shewn by the circumstances to have been intended as an assurance that the vendor was a man of good financial standing and the property in question good security for the money and the agreement and title passed thereby in proper legal form, but did not guarantee payment of the purchase money.-Per Davies and
Brodeur JJ. (dissenting)
.-The document is a guarantee of the agreement including the undertaking to pay if the main debtor makes default.
V. &
VANNATTER..............
......
2-Contract - Indemnity clause - Master and servant - Negligence.] In an agreement under which the respondent contracted to supply the requisite longshore labour in connection with the ships of the appellant, who was to supply all necessary gear, an indemnity clause provided: "That the Steamship Company shall hold the Stevedoring Company entirely harmless from any and all liability for personal injury to any of the Stevedoring Company's employees while performing labour embraced in this agreement."
The appellant having failed to supply some wheelbarrows required for unloading coal, the respondent gave instructions to one Scott to get them at their own warehouse.
Scott, having met with an accident in doing so, recovered damages from respondent, who then took action against appellant for indemnification under the above clause.-Held, that Scott, at the time he was injured, was performing labour embraced the agreement.
TRUNK PACIFIC S.S. Co.
...............
3-Sale-Principal and agent-Written contract-Modiication by written consent of principal-Representations by agent.]
The appellant ordered from the respondent "one of your Big Four 30 h.-p. Gas Traction Engines."
The agreement provided that the order was "made upon the express condition that" it "contains all the terms and conditions of the sale *
*
*" and "cannot in any manner be changed, altered or modified without the written consent of the officers" of the company respondent.
After one of respondent's agents had concluded a trial of the engine, appellant was not satisfied with its performance;
but the agent represented to him that "the engine would get better with wear and that if it was not right, the company would make it right."
Thereupon appellant paid $600 in cash, gave notes for the balance of the purchase price and signed a satisfaction paper certifying that the engine had been 'properly put in order."-Held that, upon the evidence, the engine supplied was not the engine ordered, as it could not develop its rated horse-power.-Per Idington and Anglin JJ. - According to the system adopted by the company respondent, such assurances by its agent were authorized notwithstanding the terms of the contract and were apparently confirmed by respondent which, without any demur, protest or reservation of rights, sent its employees to make extensive repairs to the engine.-Per Davies J. dissenting. In the face of the express stipulations of the written contract, the respondent's agent had no power, by his representations to the appellant, to bind the respondent and alter the contract.-Judgment of the Supreme Court of
Saskatchewan (38 D.L.R. 528; [1918] 1 W.W.R. 306), reversed, Davies J. dissenting. ScHo- 4-Lease-Option to purchase-Conditional payment of rent-Relinquishment of option.] The Town of Cobourg by an agreement giving a wire company an option for five years to purchase land leased the premises to the company for that period at an annual rental payable at its expiration if the purchase was not completed or, pro rdta, at any earlier period at which the option was relinquished, such rent to be paid prior to removal from the premises of the company's plant and machinery. At the end of three and one-half years the company sold some of its machinery and was negotiating with a junk dealer for sale of the rest when the town distrained for rent claimed as due under the agreement, and the contents of the company's factory were seized and sold. In an action claiming damages for illegal distress.-Held, that as the option to purchase had not been relinquished no rent was due and the distress was illegal.
Cosounu
Co. 289
5- Agreement for maintenance - Consideration-Abandoning project - Forbearance.] F. to support herself and her mother proposed taking lodgers but was induced to abandon the project by her uncle who agreed to pay her $200 a year while he lived and secure her that income by his will.
The annuity was paid, in cash and promissory notes, for four years, when the uncle gave F. a note for $1,000, payable five years after date with interest, and asked her to consider it "for the present" a settlement of all claims.
F. was with her uncle in his last illness when he told her that he had left her $2,000 by his will, but a few days before his death he revoked a will containing a bequest to her and made another in which she was not mentioned.
Shortly after his death
A., who inherited all his estate, was informed by F. of her claim and the promises, verbal and written, on which it was based and some months later he wrote offering to pay her $3,000 as a settlement in full.
F. accepted the offer, but it was afterwards repudiated by A.- Held, Anglin J. dissenting, that F.'s for-.
bearance to press her claim against the estate was a good consideration for the agreement by A. to pay her $3,000,- Held, per Davies and Brodeur JJ. and
Falconbridge C.J., Idington J. expressing no opinion and Anglin J. contra, that the relinquishment by F. of the pr6ject of taking lodgers was a valid consideration for the agreement by her uncle to provide her with a life annuity and she was entitled to recover from his estate the
$2,000 promised by her uncle to be given her in his will and the amount due on his notes which she held.-Judgment of the
Appellate Division (43 Ont. LR. 479)
reveised.
.. .. ..
6-Contract - Non-jury trial - Findings of 3udge - Interference with on appeal-Measure of damages.] In an action claiming damages for breach of contract alleged to be made through the medium of telegrams and letters confirming a verbal agreement, the defence was that there was no completed contract or if there was that it had been terminated by laches of the plaintiff. The trial judge held that there was an existing contract and awarded the plaintiff the damages claimed, but his judgment was varied by the Appellate Division, which set aside the assessment of damages and directed a reference therefor.-Held, per Davies and Anglin JJ. and Falconbridge C.J., that, though an appeal lies from the judgment of a judge.at the trial on questions of fact as well as of law, on the former an appellate court should not interfere with such decision of the judge who has seen and heard the witnesses unless there is some good and special reason for doubting its soundness.
In this case there was no such reason and the judgment at the trial should stand.-Held, also, that as the damages were assessed by the trial judge on the principle laid down in Roth v. Taysen (12 Times L.R. 211) and the evidence justified the assessment the judgment should not have -been varied. -Brodeur
J. also held that the judgment on the trial should be restored. Idington J. dissented on the ground that the evidence did not prove the existence of any contract between the parties.-Judgment of the Appellate Division (41 Ont. L.R. 58; 39 D.L.R. 463) reversed in part. 7-Sale - Misrepresentations- Knowledge of fraud--Forfeiture clause-Assent- Ratification.] The appellant owned a farm subdivided into lots; and the respondent, member of a syndicate, took an action to set aside an agreement of sale entered into by appellant with the syndicate on the ground that assent to it was piocured by fraudulent representations as to the situation of the lots bought. But the respondent, with full knowledge of such fraud and apparently under pressure of a forfeiture clause, gave an option on these lots to a third party and paid without protest to the appellant an instalment due under the contract.-Held, Davies and Anglin JJ. dissenting, that, upon the evidence, the acts of the respondent did not constitute ratification or confirmation of the contract.-Per Fitzpatrick C.J. When the validity of a contract is attacked on account of an error as to the identity of its object, the question of confirmation cannot arise, as there can be no confirmation a thing which has never existed. - Per Anglin J. (dissenting). Where a purchaser knows facts that render his obligation voidable, payment of purchase money and giving options on the property are unequivocal acts of confirmation.
While error of law may render such acts inefficacious for that purpose, the person alleging such error must prove it; and the mere presence of a forfeiture clause in an agreement known to be voidable does not constitute moral restraint which will make them involuntary.
CO.
8- Arbitration - Breach of contract - Stay of action-"Arbitration Act" (Alta.),
9 Edw. VII. c. 6, s. 4.] A contract for the drilling of an oil well provided: "That if at any time during the prosecution of the said work, or after the completion thereof, any dispute, difference or question shall arise between the parties hereto, or any of their representatives, touching the said work, or the construction, meaning, or effect of these presents, or anything herein contained, or the rights or liabilities of the parties or their representatives, under these presents or otherwise in relation to the premises, then every such dispute, difference or question shall be referred to"
arbitration.
After an award had been made, the appellant took an action in damages for breach of contract and the respondent applied for a stay of action.- Held, Idington J. dissenting, that the intention of the parties was to refer to arbitration not only the disputes between them but also the question whether these disputes fell within the arbitration clause;
and that the issues between the parties ought to be determined by arbitration rather than by action.-Per Fitzpatrick
C.J. and Anglin and Brodeur JJ.
provision "at any time during the prosecution of the work or after the completion thereof" relates to time and not to the condition of the work and is applicable even if the work is not being prosecuted through the default of one party.-Judgment of the Appellate Division (12 Alta.
L.R. 501; 34 D.L.R. 375), affirmed.
Idington J. (dissenting)
.
OIL Co. v. McNAUGHT............
9- Principal and agent-Contract-Sale
-Real estate-Conditional option-Expiralion of delay-Commission-Art. 1082 C.C.
-Art. 1176 C.N.] S. gave to C. an option to purchase lots for 8395,176, and promised to pay him a commission of one per cent. if a sale was effected "during the currency of the option
*
*
* and not otherwise."
Within the time limit, C., at the request of named as the purchaser of the property one D., who had himself made arrangements to sell it to M. for $425,000. On the last day of the option, as M. declined to execute his undertaking D. refused to sign a draft deed of sale and the transaction fell through. Three weeks later S. sold the property to M. on terms similar to those under which it was to be sold to D.
C. then claimed from S. $3,951.76, being the commission of one per cent. on the price of sale.-Held, Davies C.J. and Idington J. dissenting, that, under the law of the Province of Quebec, a conditional obligation fails when the condition itself fails; and when a term is fixed during which the condition must be accomplished, the obligation ceases if the condition is not accomplished during the term.-Per Anglin J. When time is made of the essence of a contract, strict compliance with the stipulation is exacted under the English equity system as well as at common law.-Per Anglin, Brodeur and Mignault JJ. On a question arising under Quebec law, a decision rendered according to the rules of the English law should not be relied on unless it appears that there is no difference between the two systems of law in regard to the subject matter. Burchell v. Gowrie (1910, A.C. 614) and Stratton v. Vachon (44 Can. S.C.R. 395), distinguished.-Per Davies C.J. (dissenting).
The relation of M. as purchaser from S. was brought, about by C.; and by directly dealing with M., even after the expiration of the stipulated delay of the option, waived the time limit and adopted the contract negotiated by C. within the stipulated time. S., having taken advantage of C.'s work as its agent, cannot repudiate its liability to pay the agreed commission.
Burchell v. Gowrie ([1910] A.C. 614) and Stratton v. Vachon (44 Can. S.C.R. 395). followed.---Judgment of the Court of King's Bench (Q.R. 27 K.B. 433), Davies C.J. and Idington J. dissenting, affirmed
10-Contract - Money in bank structions to banker-Undue influence. 11-Sale of copper - Quantity - Eridence.
RY. 12-Public work-Contract-Payment to contractor-Certificate of engineer.
GiL- 13-Agreement for sale of land-Area- Mistake-Warranty.................
CONTRIBUTORY - Company in liquidation-Subscription for shares-Action as director...........................
COURT-"Supreme Court Act"-Court original jurisdiction-Public Utilities ommission...................140
CRIMINAL
- Criminal law - Abortion - Defence of innocent conduct
-Evidence of previous offences-Rebuttal- Statutory law-Juridiction-"Absence."
-Articles
1014, 1017, 1019 C. C.-Art.
3262 (a) R.S.Q.] Under article 3262 (a)
R.S.Q., the police magistrate who presided at the trial was empowered to hold the Court of Sessions of the Peace only
"in case of the absence or inability to act of" the regular Judge of the Sessions of the Peace.-Held, that "absence"
means absence from the bench or, at most, absence from the court-room in which the trial takes place when it begins.-When a person, accused of having unlawfully used means to procure a miscarriage, puts forward a defence of innocent and lawful purpose, the evidence of other women that -he has previously practised abortion on them by a similar method is admissible in rebuttal.
v. THE .. 83
2- Criminal law-Indecent assault - Evidence-Complaint elicited by questions
-Admissibility
- Criminal Code, s. 1003.] The appellant was indicted for an indecent assault on a girl of seven years of age.
At the trial evidence was admitted of the answers given by the girl to questions put by her mother immediately on her return home after the assault, the mother promising not to spank her if she told the whole truth.- Held, that the evidence was properly admitted as corroborating the credibility of the girl (who told what had happened without being sworn), as required by section 1003 -of the Criminal Code.- Held, also, that the mother's promise not to punish the child did not make what she.said her "assisted story."
CRIMINAL LAW-continued.
3-Evidence-Forgery-Comparison of handwriting - Experts.] Per Fitzpatrick C.J. and Anglin and Brodeur JJ. Under the law governing proof in the Province of Quebec, the testimony of experts in handwriting by comparison is admissible. -Per Brodeur J. Evidence by experts cannot be set aside in a court of appeal, when it has been admitted without objection at the trial.
Schwersenski v. Vineberg (19 Can. S.C.R. 243), followed. V. VolsARD................ DAMAGES-Contract - Evidence-Nonjury trial-Findings of judge-Interference with on appeal-Measure of damages.] In an action claiming damages for breach of contract alleged to be made through the medium of telegrams and letters confirming a verbal agreement, the defence was that there was no completed contract or if there was that it had been terminated by laches of the plaintiff. The trial judge held. that there was an existing contract and awarded the plaintiff the damages claimed, but his judgment was varied by the Appellate Division, which set aside the assessment of damages and directed a reference therefor.-Held, that as the damages were assessed by the trial judge on the principle laid down in Roth v. Taysen (12 Times L.R. 211), and the evidence justified the assessment, the judgment should not have been varied. MILLS Co...........
..... DEBTOR AND CREDITOR - Insolvency-Claim as ordinary creditor-Right to revalue-Security-" Creditors' TrustDeeds Act," R.S.B.C. 1911, c. 13, a. 31.] The appellant, a creditor of C., claimed to hold securities on insurance moneys due under a verbal agreement for insurance, covering the whole of C.'s works, made two days previous to their destruction by fire, after which C. assigned to the respondent. The insurance companies refused payment, and litigation followed at the instance of the respondent on behalf of the creditors generally. appellant, being called upon to value it' securities, proved its claim in the hands of the respondent as an ordinary creditor, without mentioning its pretended preference under the insurance policies. Later on, the creditors succeeded in their action against the insurance companies, and the insurance money was paid to the respondent as assignee.
Then the appellant claimed part of that money as a secured DEBTOR AND CREDITOR-continued.
creditor.-Held, Duff J. dissenting, that the appellant could claim only as an ordinary creditor.-Judgment of the Court of
Appeal (39 D.L.R. 140; [1918] 1 W.W.R.
161) affirmed.
DISTRESS - Rent - Entry - Breaking
-Entrance by other than usual mode.] D.
was tenant of one part of a building and
B. of the other. The parts were separated by a partition in which was a door at one time used in common, but B. had fastened it with a hook on his side and fitted into it the frame of a second door against which he placed a case of type. A bailiff with a distress warrant against D. for rent could not obtain entrance to his premises by the ordinary mode. He went on the premises occupied by B. and induced him to remove or allow to be removed the case of type and the extra door and then entered D.'s prem.ises by lifting the hook on the door in the partition and openipg that door.
He levied the distress and in an action by D.
claiming damages for illegal distress and trespass.-Held, that B., having the right to remove the obstruction to entrance into the other part of the building, it was immaterial whether he did so himself or allowed the bailiff to do it; and that after such removal entrance to D.'s premises was made w ithout a breaking, and the distress was legal.
Gould v. Bradstock
(4 Taun. 562) applied.
MCKAY V.
DOUGLAS.........................
2-For rent - Lease - Option to purchase-Conditional payment-Relinquishment of option..................
EMPLOYER AND EMPLOYEE surance - Employer's liability
Assignment by insured-Right of assignee against insurer.......................
.
ESTOPPEL - Expropriation - Irregu.
larities-Acquiescence............... 352
Criminal law - Abortion of innocent conduct-Evidence of previous offences-Rebuttal - Statutory law - Jurisdiction
"Absence"-Articles
1014, 1017, 1019 Cr. C. - Art. 3262 (a)
R.S.Q.] Under article 3262 (a) R.S.Q., the police magistrate who presided at the trial was empowered to hold the Court of
Sessions of the Peace only "in case of the absence or inability to act of " the regular
EVIDENCE-continued.
Judge of the Sessions of the Peace.-Held, that "absence" means absence from the bench or, at most, absence from the courtroom in which the trial takes place when it begins. - When a person, accused of having unlawfully used means to procure a miscarriage, puts forward a defence of innocent and lawful purpose, the evidence of other women that he has previously practised abortion on them b a similar method is admissible in rebuttal. 2-Criminal law - Indecent assault - Evidence-Complaint elicited by questions -Admissibility - Corroboration - Criminal Code, s. 1003.] The appellant was indicted for an indecent assault on a girl of seven years of age.
At the trial evidence was admitted of the answers given by the girl to questions put by her mother imme diately on her return home after the assault, the mother promising not to spank her if she told the whole truth.-Held, that the evidence was properly admitted as corroborating the credibility of the girl (who told what .had happened without being sworn), as required by section 1003 of the Criminal Code.-Held, also, that the mother's promise not to punish the child did not make what she said her "assisted story."
3-Forgery - Comparison of handwriting-Experts.] Per Fitzpatrick C.J. and Anglin and Brodeur JJ. Under the law governing proof in the Province of Quebec, the testimony of experts in handwriting by comparison is admissible.- Per Brodeur J. Evidence by experts cannot be set aside in a court of appeal, when it has been admitted without objection at the trial.
Schwerenski v. Vineberg (19 Can. S.C.R. 243) followed.
VOISARD.......................... EXPROPRIATION - Irregularities prior to notice - Acquiescence - Actual value - Servitude-62 Vict. c. 58, s. 418.] Held, per Davies, Anglin and Brodeur JJ. In proceedings to expropriate lands, taken under the provisions of the charter of the City of Montreal, the expropriated party, by appointing his comnuissioners and prosecuouting his claim before the Board, estops himself after the award is made, from attacking it on the grounds of alleged irregularities anterior to the notice of expropriation.-Per Fitzpatrick C.J. and Anglin J. The commissioners, in fixing INI)EX
EXPROPRIATION-continued.
the owner's compensation, are not entitled to make any deduction from the actual value of the expropriated land, in respect of the burden imposed upon it by the confirmation or homologation of a plan.- Per Davies and Brodeur JJ. The commissioners, in finding the actual value of land which, when expropriated, will become a public street, are bound to take into consideration the facts of the homologation and confirmation of the lines of that street.
Jugdment of the Court of
King's Bench, a ppeal side (Q.R.. 26 K.B.
557), affirmed.
FINAL JUDGMENT - Substantive part of action - "Supreme Court
A ct," s. 2 (e)......................
GOVERNOR-IN-COUNCIL
- Public work - Approval of plans - Refusal approve - Liability to action .......
GUARANTEE - Construction - Guarantee - Bond fide agreement.]
By agreement between them McC. & V.
engaged in the purchase, on behalf of S., of securities known as "Purchasers' Agreements."
Land in Saskatoon having been sold for $12,000, of which $4,000 was paid in cash, the veridor assigned to McC.
& V. the agreement to purchase and the latter drew upon S. for the amount payable under their agreement. S. then wired to McC. & V. as follows:-" Certificate of title value five thousand assessment four thousand fifty Jones allowed penalty on taxes.
No declarations from Love or
Jones as to moneys received or jaid only one lot looks dear. Please explain and guarantee holding draft give men's standing we are afraid been away from home caused delay."
On the same day was wired the following reply:-"Value on title made low to reduce registration costs are getting declaration as to moneys received from Love who is good man agreement good and guarantee it."-Held, the last mentioned document was ambiguous and was shewn by the circumstances to have been intended as an assurance that the vendor was a man of good inancial standing and the property in question good security for the money and the agreement and title passed thereby in proper legal form, but did not guarantee payment of the purchase money.-Per Davies
GUARANTEE-continued.
and Brodeur JJ. dissenting.
The document is a guarantee of the agreement, including the undertaking to pay if the main debtor makes default.
U. McCALLUM........................ 2-Principal and surety
Guarantes of debt - Advances bank - Giving time to debtor.] F. guaranteed payment of all advances made by a bank to his son up to $10,000, no time being fixed for such payment.
The bank advanced $3,000, taking a note at thirty days for the amount -Held, Idington J. and Falconbridge C.J. dissenting, that the consent of the bank to renew the note at the end of the thirty days without the knowledge of F. did not relieve him from liability on his guarantee.
HABEAS CORPUS - Military service - "Military Service Act. 1917".................. INSOLVENCY - Insolvency - Claim as ordinary creditor - Right to revalue- Security - "Creditors' Trust Deeds Act," R.S.B.C. 1911, c. 13, s. 31.] The appellant, a creditor of C., claimed to hold securities on insurance moneys due under a verbal agreement for insurance, covering the whole of C.'s works, made two days previous to their destruction by fire, after which C. assigned to the respondent. The insurance companies refused payment, and litigation followed at the instance of the respondent on behalf of the creditors generally.
The appellant, being called upon to value its securities, proved its claim in the hands of the respondent as an ordinary creditor, without mentioning its pretended preference under the insurance policies.
Later on, the creditors succeeded in their action against the insurance companies, and the insurance money was paid to the respondent as assignee. Then the appellant claimed part of that money as a secured creditor.-Held, Duff J. dissenting, that the appellant could claim only as an ordinary creditor.-Judgment of the Court of Appeal (39 D.L.R. 140; [19181 1 W.W.R. 161) affirmed.
GRAHAII................... INSURANCE, ACCIDENT - Employer's indemnity - Assignment by insured - Right of assignee against insurer - Payment of claim - Money advanced INSURANCE, ACCIDENT-continued.
side party - Measure of damages.] By an employer's liability policy N. was insured against loss from liability on account of bodily injuries to, or death of. an employee.
N. incurred such liability but made an assignment for benefit of his creditors before he paid his employee's Jaim.
With money advanced by a third party the assignee paid it and brought action against the insurer to be reimbursed.- Held, that the insurance company was liable; that the right of N. to pay his employee and collect the amount from the insurance company passed to his assignee;
that payment to the employee before the assignment was not essential; that the insurer could not inquire into the source from which the money came to make the payment; and that the insurer's liability was not limited to the amount of the dividend which the insolvent estate would be able to pay the employee.
NORTH
INSURANCE, FIRE - Insurance
Conditions - Subsequent insurance - Assent
-Foreign company-Liability for acts of its general agent.] One of the conditions indorsed on a policy of insurance was:
"The company is not liable for loss
*
* if any subsequent insurance is effected in any other company unless and until the company assents thereto."- Held, Anglin J. dissenting, that, when a foreign company, doing business
Canada appomts- a general agent for a province, the actions of the agent are binding upon the company, and in case of loss under the policy the appointment by the agent of an adjuster with authority to make a settlerrent with the insured, after he was aware of a subsequent insurance, constitutes an assent on behalf of the company to such subsequent insurance.-Per Anglin J. (dissenting). Though the general agent of a foreign insurance company has authority, before loss, to assent to co-insurance, such assent given by him after loss would amount to a relinquishment of an unanswerable defence to the claim of the insured and is not within the apparent scope of the authority of an agent, however general it may be.
PROP- CO.
INSURANCE,
LIFE - Horse - Materiality - Alteration - Inquiry by company.]
An insurance company cannot invoke -as material a representation, in an applica- INSURANCE, LIFE-continued. tion for insurance, as to the cost price of the thing insured, when a palpable alteration of the figures appears on the face of the application and no inquiry is made by the company as to the reason for such alteration.-Judgmenit of the Appellate Division (10 Alta. L.R. 292; 32 D.L.R. 756) affirmed.
V. WHITNEY............... INTERVENTION - Judicial proceeding-Appeal - "Supreme Court Act," s. 46.....
.................... JUDICIAL PROCEEDING - "Supreme 46 - Intervention ........................... LANDLORD
AND
TENANT - Distress - Rent - Entry - Breaking - Entrance by other than usual mode.] D. was tenant of one part of a building and B. of the other.
The parts ivere separated by a partition in which was a door at one time used in common, but B. had fastened it with a hook on his side and fitted into it the frame of a second door against which he placed a case of type. A bailiff with a distress warrant against D. for rent could not obtain entrance to his pren'ises by the ordinary mode. He went on the premises occupied by B. and induced him to remove or allow to be removed the case of type and the extra door and then entered D.'s premises by lifting the hook on the door in the partition and opening that door.
He levied the distress and in an action by D. claiming damages for illegal distress and trespass:-Held, that B., having the right to remove the obstruction to entrance into the other part of the building, it was immaterial whether he did so himself or allowed the bailiff to do it; and that after such removal entrance to D.'s premises was made without a breaking, and the distress was legal. Gould v. Bradstock (4 Taun. 562) applied. LEASE - Option to purchase - Conditional payment of rent - Relinquishment of option.] The Town of Cobourg, by an agreement giving a wire company an option for five years to purchase land, leased the premises to the company for that period at an annual rental payable at its expiration if the purchase was not completed or, pro rat4, at any earlier period at which option was LEASE-continued.
relinquished, such rent to be paid prior to removal from the premises of the company's plant and machinery.
At the end of three and one-half years the company sold some of its machinery and was negotiating with a junk dealer for sale of the rest when the town distrained for rent claimed as due under the agreement, and the contents of the company's factory were seized and sold. In an action claiming damages for illegal distress:-Held, that as the option to purchase had not been relinquished no rent was due and the distress was illegal.
TOWN
OF
ConoUo
WIRE
LIBEL - Pleading - Action against newspaper company - Advantage of want of notice - Averment in plea - Denial - R.S.O. c. 71, ss. 8 (1) and 15
By section
15, sub-section 1, of the
"Libel and Slander Act" (R.S.O. [1914], ch. 71), the defendant, in an action against a newspaper company, is not entitled to take advantage of the want of notice required by section unless the name of the proprietor and publisher is stated at a specified place in the paper.
In a case in which there was no proof that the name was so stated:-Held, reversing the judgment of the Appellate Division (43 Ont.
L.R. 218; 43 D.L.R. 463), that the failure of the plaintiff to allege non-compliance with the requirements of section 15 (1) in his reply to a plea setting up want of notice is not an admission of the fact of such compliance.-Held, also, that under the practice in Ontario, even if the defendant by his plea alleges such compliance, the same is not admitted by the absence of denial in the replication.
MILITARY SERVICE - Military
Service Act," 1917.................
MORTGAGE - Foreclosure-Extinguishment of debt - Collateral securities- "Land Titles Act," 1906, c. 24, s. 62 (a).]
A final order for foreclosure and its registration, in proceedings taken under section 62 (a) of the "Land Titles Act" of
Alberta, do not extinguish the mortgage debt so as to estop the mortgagee from proceeding on the mortgagor's covenant to pay or realizing on any collateral securities he may have.
LIFE v. DOUGLAS......
MUNICIPAL CORPORATION - Assessment and taxes - Excessive valuation- Statutory appeals - Res judicata - Town Act," (Alta.) 1911-12, c. 2, ss. 285, 267.] When a town Act provides a means of relief, in case of excessive assessment, by way of appeal to a municipal Court of Revision and thence to a District Judge, the decision not appealed against of either of these courts, confirming the assessment, is res judicata: the assessed party cannot afterwards invoke such excessive assessment as a ground of defence in an action for the recovery of the tax. TOWN V. 517 2-Negligence - Drainage - Damage to property-Extraordinary rainfall. or LIVERPOOL............ NEGLIGENCE - Railways - Animals at large-Wilful act of owner - Absence of cattle-guards - "Railway Act," R.S.C. 1906, c. 37, s. 294, as amended by 9 & 10 Edw. VII., c. 50, s. 8.] Section 294 of the "Railway Act" means that if animals are allowed by their owner to be at large within one-half mile of the intersection of the railway and a highway at rail level, the owner takes the risk upon himself of any damage caused to or by them upon the intersection; but if such damage is caused to the animals not upon the intersection but upon the railway property beyond it, the company would be liable unless it established that the animals "got at large through the negligence or wilful act or omission the owner or his agent."-Per Davies and Anglin JJ. Section 294 is intra vires of the Parliament of Canada and is not in conflict with provincial legislation which permitted animals to be at large unless restricted by municipal regulations.
Section 294 is a code by itself and is not altered by section 254, which requires railway companies to and Brodeur JJ. Sub-section 5 of section 294 is limited in its operation to the requirements of sub-section 1 imposing on the owner of animals the duty of providing some competent person to be in 'charge.
2-Negligence - Joint and several responsibility - Cause of accident - Acts of two parties. - Art. 1106 C.C.] There may be joint and several responsibility of two different parties for the consequences of an accident caused by independent acts of negligence committed by both at the same time and contributing directly to NEGLIGENCE--continued.
that accident. Jeannotte v. Couillard
(Q.R. 3 Q.B. 461) distinguished.
TRUNx Ry. Co. v. McDONALD...... 268
3-Railway accident - Common enployment - Defective system - Findings of jury.] A train bound for St. John, N.B., carrying frozen meat to be shipped overseas, in passing through the State of
Maine substituted an auxiliary truck for one under the car next the engine that was damaged.
The auxiliary truck was not connected with the braking apparatus of the car under which it was placed, whereby the braking efficiency was diminished by one-half or more.
On approaching Fairville the train had to .be taken apart and one of the engines backed five cars, including the one next it with the auxiliary truck, on a siding where said engine was detached without the airbrakes being first released and the handbrakes applied as required by a rule of the company.
The engine then went on the main line but the cars, though the brakes on the foremost were applied, ran down and struck the cab, causing the engineer's death. In an action by his widow for damages at common law and under the
"Workmen's Compensation Act":-Held, reversing the judgment of the Appeal
Division (45 N.B. Rep. 452; 40 D.L.R.
437), Idington and Brodeur JJ. dissenting, that the use of an auxiliary truck is not evidence of a defective system and there was no other evidence thereof; that the accident was due to placing the car with said truck next the engine, thus diminishing the braking efficiency, and in detaching the engine on the siding without first attending to the brakes, both of which are forbidden by the rules, and that these were acts of employees, fellow servants of the deceased, and could not be imputed to the company; the liability of the company, therefore, was limited to the damages that could be recovered under the "Workmen's
Compensation Act."
Ry. Co. v.
4-Negligence - Crown - Injury to
"property on public work" -Scow attached to public wharf - "Government railways"
- "Exchequer Court Act," R.S.C.
c. 140, s. 20 (c) - 9 & 10 Edw. VII., c. 19.1
Held, Davies J. (dissenting)
, that a scow, lying beside and attached to a public wharf, being used in making repairs to that public work, must be deemed to be engaged "on public work" within the
NEGLIGENCE--continued.
meaning of section 20 (c) of the "Exchequer Court Act."
Duff J. expressing no opinion and dismissing the appeal for want of jurisdiction.-Per Fitzpatrick C.J. The intention of the Parliament of Canada in adding paragraph () to section 20 of the "Exchequer Court Act" (9 & 10 Edw. VII., c. 19) was to include all Government railways, in mentioning "the Intercolonial Railway" and "the Prince Edward Island Railway."-Per Anglin J. "Public work" means not merely some building or other structure or erection belonging to the public, but any operations undertaken by or on behalf of the Government in constructing, repairing or maintaining public property. KING....................... 5-Railways - Master and servant - Switch stand - "Fixed signal" - "Knowledge."] The respondent was an engineer on an east-bound train which collided on a west-bound track with another train through the improper setting of a switch. He alleged that he could not see the switch lights from his side of the engine owing to clouds escaping steam and drifting snow obstructing his vision, and that he passed them, on his fireman's assurance that they were "all right," without feeling any motion to cause him to realize that he had diverged to the west-bound track. Rule 401 of the Rule Book of the appellant company provided that "engineers must know the indication of all fixed signals before passing them," and a "fixed signal" was thus defined: "A signal of fixed location indicating a condition affecting the movement of a train."- Judgment of the Court of Appeal Sask. L.R. 192), affirming on equal division the judgment of the trial court with a jury, against the company, confirmed, Davies C.J. and Duff J. dissenting.-Per Idington and Brodeur JJ. Upon the evidence, the signals on the target ofa switch stand are not "fixed signals" within the meaning of Rule 401.
Davies C.J. contra.-Per Anglin J. The words "must know" do not import knowledge acquired by the use of the engineer's own eyes to the exclusion of every other source of knowledge, however reliable.
PACIFIC Ry. Co. v. W ALKER................... 6- Municipal corporation - Kegligence -Drainage - Damage to property-Extraordinary rainfall.] - v. TowN "War Measures
1914 - "Military Service Act,"
1917...........
..............
- Order-in-ctuncil - "War Measures
1914 - "Military Service Act,"
1917.............................
PATENT OF INVENTION - Process - Importation.]
& SON
CO....................5 06
2-Paent
- New invention - Adaptation of old device - Seam in overalls.]
PLEADING - Libel - Action against newspaper company - Advantage of want of notice - Averment plea
- Denial - R.S.O. [1914], c. 71, ss. 8 (1)
and 15 (1).] By section 15, sub-section 1, of the "Libel and Slander Act" (R.S.O.
[1914], c. 71), the defendant, in an action against a newspaper company, is not entitled to take advantage-of the want of notice required by section 8 unless the name of the proprietor and publisher is stated at a specified place in the paper.
In a case in which there was no proof that the name was so stated:-Held, reversing the judgment of the Appellate Division
(43 Ont. L.R. 218; 43 D.L.R. 463), that the failure of the plaintiff to allege noncompliance with the requirements of section 15 (1) in his reply to a plea setting up want of notice is not an admission of the fact of such compliance.-Held, also, that under the practice in Ontario, even if the defendant by his plea alleges such compliance, the same is not admitted by the absence of denial in the replication.
POLICE MAGISTRATE - "Absence or inability to act," art. 3262 (a) R.S.Q...
PRACTICE
AND
PROCEDURE
- Statutory law - Married woman's caveat- "Married Woman's Home
Protection Act," c. 4, Alberta Statutes, 1915
-"Alberta Land Titles Act," s. 85.1-Held, a caveat filed by a married woman under the "Married Woman's Home Protection
Act," c. 4, Alberta statutes, 1915, must be supported by an affidavit of bona fides as required by the provisions of section 85 of the "Land Titles Act."
PRACTICE AND PROCEDURE-cont. 2-Procedure - Stay of proceedings - Filing of bonds - Recovery upon them - Anterior execution against judgment debtors.] Pursuant to the terms of an order for a stay of proceedings under the judgments of the Supreme Court, the respondents filed bonds, whose condition was that the obligation should be void if special leave to appeal to the Privy Council should not be granted and the respondents should pay such damages and costs as has been awarded. appellants made application for delivery out of the bonds, alleging and establishing. by affidavits that leave to appeal had been refused and that the debt and costs were unpaid.-Held, that it was not incumbent upon the appellants to shew that they had exhausted their remedies against the respondents by execution before taking any step towards recovery upon the bonds.
PRINCIPAL AND AGENT - Insurance -Conditions-Subsequent insurance-Assent-Foreign Company-Liability for acts of its general agent.] One of the conditions indorsed on a policy of insurance was: "The company is not liable for loss * * * if any subsequent insurance is effected in any other company unless and until the company assents thereto."-Held, Anglin J. dissenting, that, when a foreign company, doing business in Canada, appoints a general agent for a province, the actions of the agent are binding upon the company, and in case of loss under the policy the appointment by the agent of an adjuster with authority to make a settlement with the insured, after he was aware of a subsequent insurance constitutes an assent on behalf of the company to such subsequent insurance.-Per Anglin J. dissenting. Though the general agent of a foreign insurance company has authority before loss, to assent to co-insurance, such assent given by him after loss would amount to a relinquishment of an unanswerable defence to the claim of the insured and is not within the apparent scope of the authority of an agent, however general it may be.
McCoy....................... - Sale - Real estate - Conditional option-Expiration of delay- Commission-Art. 1082 C.C.-Art. 1176 C.N.] S. gave to C. an option to purchase lots for $395,176, and promised to pay PRINCIPAL AND AGENT-continued.
him a commission of one per cent. if a sale was effected "during the currency of the option
*
*
* and not otherwise."
Within the time limit, C., at the request of named as the purchaser of the property one D., who had himself made arrangements to sell it to M. for $425,000.
On the last day of the option, as M. declined to execute his undertaking, D.
refused to sign a draft deed of sale and the transaction fell through.
Three weeks later S. sold the property to M. on terms similar to those under which it was to be sold to D.
C. then claimed from S.
$3,951.76, being the commission of one per cent. on the price of sale.-Held,
Davies C.J. and Idington J. (dissenting)
, that, under the law of the Province of
Quebec, a conditional obligation fails when the condition itself fails; and when a term is fixed during which the condition must be accomplished, the obligation ceases if the condition is not accomplished during the term.-Per Anglin J. When time is made of the essence of a contract, strict compliance with the stipulation is exacted under the English equity system as well as at common law.-Per Anglin,
Brodeur and Mignault JJ. On a question arising under Quebec law, a decision rendered according to the rules of the
English law should not be relied on unless it appears that there is no difference between the two systems of law in regard to the subject matter. Burchell v. Gowrie
([1910.1 A.C. 614) and Stratton v. Vachon
(44 Can. S.C.R. 395), distinguished.-Per
Davies C.J. (dissenting)
.
The relation of
M. as purchaser from S. was brought about by C.; and by directly dealing with M., even after the expiration of the stipulated delay of the option, waived the time limit and adopted the contract negotiated by C. within the stipulated time.
having taken advantage of C.'s work as its agent, cannot repudiate its liability to pay the agreed commission.
Burchell v. Gowrie (1910, A.C. 614) and
Stratton v. Vachon (44 Can. S.C.R. 395), followed.
Judgment of the Court of
King's Bench (Q.R. 27 K.B. 433), Davies
C.J. and Idington J. dissenting, affirmed.
L'H6PITAL GtNtRAL
MONTRAAL...................
- Sale - - Modification agent........................ 203
PRINCIPAL AND SURETY.
PROMISSORY NOTE.
PUBLIC WORK - Negligence-Crown- Injury to "property on public work"- Scow attached to public wharf-"Government railways"-" Exchequer Court Act," R.S.C.(1906) 140, s. 20 (c)-9 & 10 Edw. VII. c. 19.]-Held. Davies J. dissenting, that a scow, lying beside and attached to a public wharf, being used in making repairs to that public work,'must be deemed to be engaged "on public work" within the meaning of section 20 (c) of the "Exchequer Court Act." Duff J. expressing no opinion and dismissing the appeal for want of jurisdiction.-Per Fitzpatrick C.J. The intention of the Parhament of Canada, in adding paragraph to section 20 the "Exchequer Court Act" (9 & Edw. VII. c. was to include all Government railways, in mentioning "The Intercolonial Railway" and "The Prince Edward Island Railway."-Per Anglin J. "Public work" means not merely some building or other structure or erection belonging to the public, but any operations undertaken by or on behalf of the Government in constructing, repairing or maintaining public property. COMPAGNIE 2-Contract-Payment to contractor- Certificate of engineer.] BROTH- Co. KING. - Railways - Animals at large-Wilful act of owner-Absence of cattleguards - "Railway Act," R.S.C. 1906, c. 37, s. 294, as amended by 9 & 10 Edw. VII., 50,
Section 294 of the "Railway Act" means that if animals are allowed by their owner to be at large within one-half mile of the intersection of the railway and a highway at rail level, the owner takes the risk upon himself of any damage caused to or by them upon the intersection; but if such damage caused to the animals not upon the intersection but upon the railway property beyond it, the company would be liable unless it established that the animals "got at large through the negligence or wilful act or omission of the owner or his agent." -Per Davies and Anglin JJ. Section 294 is intra vires of the Parliament of Canada and is not in conflict with provincial legislation which permitted animals to be RAILWAYS-continued.
at large unless restricted by municipal regulations. Section 294 is a code by itself and is not altered by section 254 which requires railway companies to and Brodeur JJ. Sub-section 5 of section
294 is limited in its operation to the requirements of sub-section 1 imposing on the owner of animals the duty of providing some competent person to be in charge.
V. RY.
2- Negligence-Railway accident-Common employment-Defective system-Findings of jury.] A train bound for St. John
N.B., carrying frozen meat to be shipped overseas, in passing through the State of
Maine substituted an auxiliary truck for one under the car next the engine that was damaged. The auxiliary truck was not connected with the braking apparatus of the car under which it was placed whereby the braking efficiency was diminished by one-half or more.
On approaching Fairville the train had to be taken apart and one of the engines backed five cars, including the one next it with the auxiliary truck, on a siding where said engine was detached without the air-brakes being first released and the hand-brakes applied, as required by a rule of the company.
The engine then went on the main line, but the cars, though the brakes on the foremost were applied, ran down and struck the cab, causing the engineer's death.
In an action by his widow for damages at common law and under the
"Workmen'. Compensation Act."-Held, reversing the judgment of the Appeal
Division (45 N.B. Rep. 452, 40 D.L.R.
Idington and Brodeur JJ. (dissenting)
437) , that the use <f an auxiliary truck is not evidence of a defective system and there was no other evidence thereof; that the accident was due to placing the car with said truck next the engine, thus diminishing the braking efficiency, and in detaching the engine on the siding without first attending to the brakes, both of which are forbidden by the rules, and that these were acts of employees, fellow servants of the deceased, and could not be imputed to the company; the liability of the company, therefore, was limited to the damages that could be recovered under the
"Workmen's Compensation Act."
Ry. Co. v. 439
3-Negligence-Master and Servant- Switch stand-" Fixed signal"-" Know- RAILWAYS-continued.
ledge."] The respondent was an engineer on an east-bound train which collided on a west-bound track with another train through the improper setting of a switch. He alleged that he could not see the switch lights from his side of the engine owing to clouds of escaping steam and drifting snow obstructing his vision, and that he passed them, on his fireman's assurance that they were "all right," without feeling any motion to cause him to realize that he had diverged to the west-bound track. Rule 401 of the Rule Book of the appellant company provided that "engineers must know the indication of all fixed signals before passing them," and a "fixed signal" was thus defined: "A signal of fixed location indicating a condition affecting the movement of a train."
Judgment of the Court of Appeal (11 Sask. L.R. 192), affirming on equal division the judgment of the trial court. with a jury, against the company, confirmed Davies C J. and Duff J. dissenting. -Per Idington and Brodeur JJ. Upon the evidence, the signals on the target of a switch stand are not "fixed signals" within the meaning of Rule 401.
Davies C.J. contra.-Per Anglin J. The words "must know" do not import knowledge acquired by the use of the engineer's own eyes to the exclusion of every other source of knowledge, however reliable.
Co. v. WALKER........ 493 RES JUDICATA-Assessment-Excesive valuation-Statutory appeal-Acquiescence in judgment....................... SALE-Sale of land-Mistake as to area- Cqmpletion of purchase-Remedy of purchaser-Guarantee.] Where, through no fault of the vendor, the quantity of land sold proves to be much less than that mentioned in the deed, and there is no warranty as to quantity, the purchaser is without remedy. The description of the land sold as "containing 271 acres" or "271 acres more or less" is not such a warranty.
Idington J. contra. undertaking in an agreement for sale afterwards embodied in the deed that the vendor would give a warranty deed does not help the purchaser even under the system as to land titles in Alberta. Idington J. contra. Judgment of the Appellate Division (36 D.L.R. 349) reversed, Idington and Duff JJ. dissenting. v. FRANZ................. 8.C.11. VOL. LVII.]
SALE-continued.
2-Principal and agent-Written contract-Modification by written consent of principal-Representations appellant ordered from the respondent one of your Big Four 30 h.-p. Gas
Traction Engines."
The agreement provided that the order was "made upon the express condition that" it "contains all the terrrs and conditions of the sale
*
*
*" and "cannot in any manner be changed, altered or modified without the written consent of the officers" of the company respondent. After one of respondent's agents had concluded a trial of the engine, appellant was not satisfied with its performance; but the agent represented to him that "the engine would get better with wear and that if it was not right, the company would make it right."
Thereupon appellant paid $600 in cash, gave notes for the balance of the purchase price and signed a satisfaction paper certifying that the engine had been
"properly put in order."-Held that, upon the evidence, the engine supplied was not the engine ordered, as it could not develop its rated horse-power.-Per Idington and
Anglin JJ. According to the system adopted by the company respondent, such assurances by its agent were authorised, notwithstanding the terms of the contract, and were apparently confirmed by respondent which, without any demur, protest or reservation of rights, sent its employees to make extensive repairs to the engine.-Per Davies J. dissenting.
the face of the express stipulations of the written contract, the respondent's agent had no power, by his representations to the appellant, to bind the respondent and alter the contract.
Judgment of the
Supreme Court of Saskatchewan,
D.L.R. 528;
[1918] 1 W.W.R.
306, reversed, Davies J. dissenting.
Scno- EMERSON
3-Sale of goods-Farm machinery- Warranty-Notice of defects.] The provisions of a warranty clause requiring notice to be given to the vendor of an engine in case of defect in "workmanship or material" do not apply to a warranty that the engine would develop a stipulated horse-power, but only to a warranty that the engine was well made and of good material.
Judgment of the Court of
Appeal of Saskatchewan (11 Sask. L.R.
132; 40 D.L.R. 169), affirmed.
HART- PARR v. WELLS................
SALE-continued.
4- Misrepresentations - Knowledge of fraud-Forfeiture clause-Assent-Ratification] The appellant owned a farm subdivided into lots; and the respondent, member of a syndicate, took an action to set aside.an agreement of sale entered into by appellant with the syndicate on the ground that assent to it was procured by fraudulent representations as to the situation of the lots bought. But the respondent, with full knowledge of such fraud and apparently under pressure of a forfeiture clause, gave an option on these lots to a third party and paid without protest to the appellant an instalment due under the contract.-Held, Davies and Anglin JJ. dissenting, that, upon the evidence, the acts of the respondent did not constitute ratification or confirmation of the contract.-Per Fitzpatrick C.J. When the validity of a contract is attacked on account of an error as to the identity of its object, the question of confirmation cannot arise, as there can be no confirmation of a thing which has never existed.- Per Anglin J. dissenting.
Where a purchaser knows facts that render his obligation voidable, payment of purchase money and giving options on the property are unequivocal acts of confirmation. While error of law may render such acts inefficacious for that purpose, the person alleging such error must prove it; and the mere presence of a forfeiture clause in an agreement known to be voidable does not constitute moral restraint which will make them involuntary.
5-Contract-Sole of copper-Quantity 6-Sale of land-Commission-Option- Expiration of delay-Art. 1082 C.C.- Failure of condition................. See 9.
STATUTE-Railways - Animals at large -Wilful act of owner-Absence of cattleguards-" Railway Act," R.S.C. 1906, c. 37, s. 294, as amended by 9-10 Edw. VII., c. 50, 8. 8.]
Section 294 of the "Railway Act" means that if animals are allowed by their owner to be at large within onehalf mile of the intersection of the railway and a highway at rail level, the owner takes the risk upon himself of any damage caused to or by them upon the intersection; but if such damage is caused to the animals not upon the intersection but upon the railway property beyond it, the STATUTE-continued.
company would be liable unless it established that the animals "got at large through the fiegligence or wilful act or omission of the owner or his agent."-Per
Davies and Anglin JJ. Section 294 is intra vires of the Parliament of Canada and is not in conflict n ith provincial legislation which permitted animals to be at large unless restricted by municipal regulations.
Section 294 is a code by itself and is not altered by section 254 which requires railway companies to and Brodeur JJ. Sub-section 5 of section
294 is limited in its operation to the requirements, of sub-section 1, imposing on the owner of animals the duty of providing some competent person to be in charge.
V. NORTH- 2- Constitutional law-Parliament-Delegation of powers - "War Measures Act,. 1914"-" Military
Service Act, 1917."] The Parliament of
Canada can validly delegate but cannot abandon its legislative powers.
Section 6 of the "War Measures Act, 1914," provides that:
"The Governor-in-Council shall have power to do and authorize such acts and things and to make from tim4 to time such orders and regulations as he may, by reason of the existence of real or apprehended war, deem necessary or advisable for the security, defence, peace, order and welfare of Canada."
By a joint resolution of the Senate and House of Commons of Canada, passed on April
19th, 1918, it was resolved: "That in the opinion of this House it is expedient that regulations respecting Military Service shall be made and enacted by the Governor-in-Council in manner and form and in the words and figures following that is to say," reciting the terms of an order-incouncil passed on the following day which made regulations providing, inter alia, for additions to the men included in classes I and 2 as liable for service under the
"Military Service Act, 1917," that the
Governor-in-Council might direct orders to issue to men in any class under the Act to report for duty, and any exemption granted to any man should cease at noon of the day on which he was so ordered to report, and no claim for exemption should be entertained thereafter; and that all men in class 1 should report for duty as required by proclamation under the Act or be liable to penalties specified for failure to do so.-Held, Idington and Brodeur JJ.
STATUTE-continued.
dissenting, that this order-in-council was intra vires. The said section of the " War Measures Act" proceeded to declare that "for greater certainty, but not so as to restrict the generality of the foregoing terms, it is hereby declared that the powers of the Governor-in-Council shall extend to all matters coming within the classes of subject hereinafter enumerated, that is to say-(a) censorship and the control and suppression of publications, and went on to specify other matters also more or less remote from the prosecutioi of the war.-Held, that the ejuadem generis rule is not applicable because of this enumeration of matters which could be dealt with by the Governor-in-Council. IN GREY...................... STATUTES - R.S.C. [1906] c. 37, s. 294 ("Railway Act")................. 2-R.S.C., [1906] c. 139, s. 2 (e) ("Supreme Court Act") .................. 3-R.S.C., [1906] c. 139, ss. 36 and 37 ("Supreme Court Act")........... 4- R.S.C., [1906] c. 139, s. 40 ("Supreme 5--R.S.C., c. 139, s. 41 ("Supreme 6- R.S.C., [1906] c. 139, s. 46 ("Supreme 7-R.S.C., [1906] c. 140, s. 20 ("Exchequer Court Act") ................ 8-R.S.C., [1906] c. 147, a. 1003 (Criminal Code)........................ 9-R.S.C., [1906] c. 147, s. 1014, 1017, 1019 (Criminal Code)............... 10-(D) 9 & 10 Edw. VII. c. 19 ("Exchequer Court Act")................ 11-(D.) 9 & 10 Edw. VII. c. 50, s. 8 ("Railway Act").................. STATUTES-continued.
12-(D) 5 Gen. V. c. ("War Measures
See LAw 2.
13-(D) 7 & 8 Geo. V. c. 19 ("Military
Service Act")......................
See LAw
14-R.S.O., c. 71, as. 8 and 15
("Libel and Slander Act")..........
See Libel.
16- R.S.Q.,
[1909] Arts. 718 et seq.
(Public Utilities Commission)........ 140
17-R.S.Q., [1909] Art. 3262 (a) amended by 5 Geo. V. c. 52 (Session of the Peace,
....................
See LAw 1.
18-R.S.B.C., [1911] c. 13, s. 31 (" Creditors Trust Deeds Act")..............
19-(Alta.) 6 Edw. VII. c. 24, a. 62
("Land Titles Act")..............
20-(Alta.) 7 Edw. VII. c. 24, a. 85
("Land Titles Act")...............
21-(Alta.) 9 Edw. VII. c. 6, a. 4
("Arbitration Act")................
See 8.
22- (Alta.) 2 & 3 Geo. V. c. 2, sa. 267,
285 ("Town Act").................
23-(Ala.) 5 Geo. V. c. 4 ("Married
Woman's Home Protection Act") .....
SURETYSHIP - Principal and surety- Guarantee of debt-Advances by bank- Givinq time to debtor.] F. guaranteed payment of all advances made by a bank to his son up to $10,000, no time being fixed for such payment.
The bank advanced
$3,000. taking a note at tiirty days for the amount.-Held, Idington J. and
Falconbridge C.J. (dissenting)
. that the consent of the bank to renew the note at the end of the thrity days without the knowledge of F. did not relieve him from
SURETYSHIP-continued.
liability on his guarantee.
FERGUSON....................... TITLE TO LAND - Statutory law - Married Woman's caveat - "Matried Woman's Home Protection Act," c. 4, Albertastatutes, 1915-"Alberta Land Titles Act," s. 85.]-Held, Davies and Brodeur JJ. dissenting, that a caveat filed by a married woman under the "Married Woman's Home Protection Act" c 4 Alberta statutes 1915, must be supporteA by an affidavit of bona fides as required by the provisions of s. 85 of the "Land Titles RUSSELL........ .1 WARRANTY - Sale of land-Mistake as to area-Completion of purchase-Remedy of purchaser-Guarantee.] Where, through no fault of the vendor, the quantity of land sold proves to be much less than that mentioned in the deed, and there is no warranty as to quantity, the purchaser is without remedy. The description of the land sold as "containing 271 acres" or "271 acres more or less" is not such a warranty. - Idington J. contra. undertaking in an agreement for sale afterwards embodied in the deed that the vendor would give a warranty deed does not help the purchaser even under the system as to land titles in Alberta. Idington J. contra. Judgment of the Appellate Division
(36 -D.L.R. 349) reversed, Idington and Duff JJ. dissenting. HANZEN FRANZ............ 2-Sale-Sale of goods-Farm machinery-Notice of defects.] The provisions of a warranty clause requiring notice to be given to the vendor of an engine in case of defect in "workmanship or material" do not apply to a warranty that the engine would develop a stipulated horse-power, but only to a warranty that the engine was well made and of good material. Judgment of the Court of Appeal of Saskatchewan Sask. L.R. 132; 40 D.L.R. 169), affirmed.
......... WILL - Charitable purposes - Devise of residue-Estate to be "used for God only." The will of a Christian Scientist left the whole estate of the testatrix to trustees and contained several bequests for purposes connected with Christian Science doctrine and practice.
One of such bequests was "fifty thousand will be held as a fund towards helping to supply such WILL-continued.
institutions as may in the near future -he demonstrated to shew that God's people are willing to help others to see the light that is so real, near and universal for all who will receive.
These institutions may take the place of what at present are called
Hospitals, Poor Houses, Gaols and Penitentiaries, or any place that is maintained for the uplifting of humanity."-Held, reversing the judgment of the Appellate
Division (40 Ont. L.R. 567), Idington J.
dubitante, that the terms of this bequest are so vague and impracticable, and the objects to be benefited and the time for the benefit to accrue so uncertain that no reasonable or intelligible construction can be given to it and this sum of $50,000 must fall into the residue of the estate.- The will contained no formal disposition of the residue of the estate, but the final bequest ended with the sentence, "the whole of my estate must be used for God only."-Held, also, reversing the judgment appealed against, that even if the testatrix intended this expression to be a disposal of- the residue the words are too broad, indefinite and controversial to be capable of being carried out and there is an intestacy as to said residue.
2-Codicil-Revocation of bequest-Life insuraice.] The will of S. provided that his life insurance should be paid as directed in the respective policies and of the rest of his estate one-half should be paid to his wife and the other to trustees who were to pay the revenue therefrom to his wife during her life, and on her death to divide it equally among his four children. His son having died, he added a codicil setting out his insurance policies and providing that "one-quarter of these policies go direct to my wife, but all my other property now goes, with my last son dead, to my three daughters under the terms of my said last will."-Held, reversing the judgment of the Appellate Division (41 Ont.
L.R. 281), Anglin and Cassels JJ. dissenting, that the codicil revoked the
WILL-continued.
bequest - to testator's wife of half the re;idue of his estate.
CHIP- WINDING-UP ACT - Company in liquidation - Contributory - Subscription for shares-Reduced capital-Power oJ attorney-Prospectus.] S. signed an application for shares in a company to be formed under the name of The Port Arthur Mfg. Co., with a capital of one million dollars. The company was incorporated with the name of Port Arthur Wagon On., the capital being $750,000.
S. was allotted his shares, elected a director and executed a power of attorney giving authority to sign his name to the prospectus of the company, which, on the hearing, he swore he had done on being told that paid-up shares had been transferred- to him for services rendered. The company having been placed in liquidation, S. was settled on the list of contributories for the price of the shares subscribed for, but the order placing him on said list was set aside by a judge, confirmed by the Appellate Division.-Held, Anglin J. dissenting, that S. was properly placed on the list; that his conduct evinced an intention to become a shareholder, and that the reduction in the capital stock and the change in the name of the company did not warrant a rescission of his contract.
IN PoRT WORDS AND PHRASES - "Absence" .......
............ ........ "Fixed Signals"................... "Must know".................. "Public Work".................... "Used for God only".............298
Cases cited
- 2 W.W.R. 267 2 W.W.R. 267
- 1 W.W.R. 115 1 W.W.R. 115
- A.C. 614 A.C. 614
- 1 W.W.R. 196 1 W.W.R. 196
- 1 W.W.R. 161 1 W.W.R. 161
- 1 W.W.R. 306 1 W.W.R. 306
Statutes and regulations cited
-
- s. 418
- ss. 285
- 267
- s. 294
- Section 294
- s. 1003
- section 1003
- s. 31
- section 254
- section 294
- section 20
- s. 20
- s. 1014
- 1017
- 1019
- s. 8
-
- s. 20
- s. 85.1
- section 85
- s. 85