Ontario Reports Volume 18. Law Society of Upper Canada
---------------------------------------------------------------
Author: Law Society of Upper Canada
Number of Pages: 280 pages
Published Date: 13 Sep 2013
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
Type: Pdf
ISBN: 9781230093871
Download Link: Ontario Reports Volume 18
---------------------------------------------------------------
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ... order of RIDDELL, _ J., and his appeal was heard by a Divisional Court composed Of Born, C., MAGEE and Larcnronn, JJ., on the 29th April, 1909. F. Arnoldi, K.C., for the appellant. The order is an assumption of the power and an interference with the discretion properly exercisable by the Judge at the trial: Regina v. Grant (1896), IT P.R. 165, 171. The trial Judge should determine, as he best can, whether the case should be tried by a jury. The litigant who asks for a jury should not have his right taken away, where the case is one that may properly be tried by a jury. The argument for striking out the jury notice in Chambers is one of convenience. What I assert is a right. The other cases cited are mentioned in the judgment. J. H. Moss, K.C., for the plaintifi, and R. C. H. Cassels, for the third parties, supported the order of RIDDELL, J., referring to some of the cases cited in the judgments. April 30. The judgment of the Court was delivered by Born, C.: --This is a common law case, in which the issues to be tried are of disputed but not very complicated facts. The defendant _who has given notice for a jury has, therefore, a prtmd facie right to have the case submitted for jury trial, subject to control as to the manner of trial, which can be better exercised by the Judge at-the trial than at any earlier stage by any other Judge: per Osler, J.A., ill Connwe v. Canadian Pacific R.W. Co. (1886), 12 A.R. 744, 769. This view was enforced, as being the more convenient method, by a Divisional Court in Bristol and West of England Loan Co. v. Taylor (1893), 15 P.R. 310; by Mr. Justice Rose in Hawke v..O'Net'l (1898), 18 P.R. 164, who expressed himself very strongly, after consultation with several of the Judges. Concurrence with this...
Read online Ontario Reports Volume 18
Buy and read online Ontario Reports Volume 18
Download Ontario Reports Volume 18 ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent
Download to iPad/iPhone/iOS, B&N nook Ontario Reports Volume 18
Other posts:
Introduction to Guidance for Training Colleges ebook
The Lost History of the Ninth Amendment download book