The Canadian Law Times, Volume 9Carswell, 1889 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." |
From inside the book
Results 1-5 of 86
Page 4
... received by him with their knowledge and consent , where the will contained a provision that each trustee should be ... receiving the moneys . In the majority of cases , however , the attempt of the trustees to evade responsibility by ...
... received by him with their knowledge and consent , where the will contained a provision that each trustee should be ... receiving the moneys . In the majority of cases , however , the attempt of the trustees to evade responsibility by ...
Page 5
... received certain funds which were duly deposited . and credited to the trust account . One trustee was , how- ever , given power to draw upon this account , and drew and misapplied some £ 600 . It was held that the clause in the will ...
... received certain funds which were duly deposited . and credited to the trust account . One trustee was , how- ever , given power to draw upon this account , and drew and misapplied some £ 600 . It was held that the clause in the will ...
Page 6
... receiving the same , nor answerable for his application or misapplication thereof ; and also that the trustees should not be charge- ( j ) L. R. 7. Ch . 719 . ( 1 ) 27 Beav . 5 . ( k ) 29 Beav . 213 . able with or for any loss or damage ...
... receiving the same , nor answerable for his application or misapplication thereof ; and also that the trustees should not be charge- ( j ) L. R. 7. Ch . 719 . ( 1 ) 27 Beav . 5 . ( k ) 29 Beav . 213 . able with or for any loss or damage ...
Page 7
... received the moneys and mis . applied them . The trustee was held liable because he had by this proceeding enabled the co - trustee to obtain and misapply the funds . Such a clause does not exonerate the trustee from the consequences of ...
... received the moneys and mis . applied them . The trustee was held liable because he had by this proceeding enabled the co - trustee to obtain and misapply the funds . Such a clause does not exonerate the trustee from the consequences of ...
Page 8
... received certain dividends , as by virtue of his office he had power to do , and misapplied them . The co - executor escaped liability because he had nothing to do with the receipt and did not know of , and had no reason to suspect ...
... received certain dividends , as by virtue of his office he had power to do , and misapplied them . The co - executor escaped liability because he had nothing to do with the receipt and did not know of , and had no reason to suspect ...
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Common terms and phrases
action affidavit agreement alleged amount application appointed assignment authority Aylesworth bank barrister by-law Canada Canada Temperance Act Canadian certiorari Chancery Division cited claim clause common law contract conveyance conviction costs County Court creditors Crown damages debt debtor decision deed default defendant Division Court DIVISIONAL COURT Dominion Dominion Lands Act entitled equitable execution evidence executors funds given granted Held High Court interest issue Jesuits Judge judgment judgment debtor jurisdiction jury Justice land legislation Legislature liable lien Manitoba Act matter ment mortgage motion Municipal notice Ontario owner paid Parliament Parliament of Canada party passed patent payment person plaintiff possession proceedings Province purchaser Quebec Queen's Bench QUEEN'S BENCH DIVISION question railway Receiver recover referred REGINA registered respect respondent rule solicitor statute Supreme Court taxes testator tion Toronto township trial trustees wife writ
Popular passages
Page 129 - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory order of the Court in all cases in which it shall appear to the Court to be just or convenient that such order should be made...
Page 60 - And, for the more perfect security and ease of the minds of the inhabitants of the said province, it is hereby declared, That his Majesty's subjects, professing the religion of the church of Rome of and in the said province of Quebec, may have, hold, and enjoy, the free exercise of the religion of the church of Rome, subject to the King's supremacy...
Page 203 - When the British North America Act enacted that there should be a legislature for Ontario, and that its legislative assembly should have exclusive authority to make laws for the province and for provincial purposes in relation to the matters enumerated in...
Page 250 - The remedy must be plain : for, if it be doubtful and obscure at law, Equity will assert its jurisdiction. It must be adequate ; for if at law it falls short of what the party is entitled to, that founds a jurisdiction in Equity. And it must be complete ; that is, it must attain the full end and justice of the case.
Page 60 - His Britannic majesty, on his side, agrees to grant the liberty of the Catholic religion to the inhabitants of Canada, he will, consequently, give the most precise and most effectual orders, that his new Roman Catholic subjects may profess the worship of their religion, according to the rites of the Romish Church, as far as the laws of Great Britain permit.
Page 209 - No one, I take it for granted, is disposed to disallow the principle that the representatives of the people are the proper ultimate authority in all matters of government and that administration is merely the clerical part of government.
Page 251 - It must be adequate ; for if at law it falls short of what a party is entitled to, that founds a jurisdiction in equity. And it must be complete ; that is, it must attain the full end and justice of the case. It must reach the whole mischief, and secure the whole right of the party in a perfect manner, at the present time and in the future, otherwise equity will interfere and give such relief and aid as the particular case may require.
Page 126 - ... stating that judgment has been recovered, and that it is still unsatisfied, and to what amount, and that any other person is indebted to the judgment debtor, and is within the jurisdiction...
Page 193 - In framing a constitution for the general government, the Conference, with a view to the perpetuation of our connection with the mother country, and to the promotion of the best interests of the people of these provinces, desire to follow the model of the British constitution, so far as our circumstances will permit.
Page 175 - ... the hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court shall think fit, whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and whether the estates claimed by both or by either of the parties are legal or equitable.