Privy Council Court October 1946 Judgments

Canada and Dominion Sugar Co. Ltd., Appellants V. Canadian National (W ...

Court: Privy Council

Lord Wright: The appellants claimed in the action as holders of a bill of lading in respect of a quantity of sugar shipped at Demerara on the respondents' steamship Colborne for delivery at Montreal. In due course the appellants, who had purchased the sugar on c. i. f. terms, took up the bill of lading against payment of 95 per cent. of the purchase price when it was presented to them in accordance with the terms of the contract and thereupon became owners of the sugar and duly thereafter paid the balance of the price. The sugar was found to be damaged. In the action it was alleged, in addition to the claim on estoppel, that the damage had been sustained during the voyage and that the respondents as shipowners were liable either for failure to carry with due care or for bad stowage. On the appeal before this Board the primary issue on which the appellants claimed to succeed was on estoppel based upon the terms of the bill of lading which, it was contended, contained an unqualified stat...

Attorney-general of Canada and Another Vs. Attorney-general of the Pro ...

Court: Privy Council

Lord Porter: In this matter consolidated appeals are brought to the Judicial Committee by the Attorney General of the Canada and the Bank of Montreal from a judgment of the Court of King's Bench for the Province of Quebec (Appeal Side) dated 29th June 1943, affirming by a majority the judgment of the Superior Court of the Province (Demers J.) delivered on 6th October 1941, which held the Quebec Statute entitled "an Act Respecting Certain Vacant Property Without an Owner" (3 George VI, 1939, ch. 28) to be within the powers of the Legislature of Quebec to enact and to apply to the Bank of Montreal. The Court of King's Bench consisted of Letourneau C. J., St. Germain, Walsh, Francoeur and Marchand JJ., Marchand J. dissenting. [2] The material clause in the Quebec Statute runs as follows: "The following are deemed to be vacant property and without an owner, belonging to His Majesty in the rights of the Province of Quebec, deposits of money and of securities and all credits in specie or in ...

Province of Bombay Vs. Municipal Corporation of the City of Bombay and ...

Court: Privy Council

Lord do Parcq: By a written agreement dated 1st March 1943, the parties to this appeal concurred in stating a special case for the opinion of the High Court of Bombay. The question of law for the opinion of the Court was: "Whether the Crown is bound by Ss. 222 (1) and 265, City of Bombay Municipal Act." The High Court (Sir John Beaumont C. J. and Rajadhyaksha J.) declared that the Crown was bound by these sections, and, in accordance with the agreement between the parties, made an order as to costs in the respondents' favour. The present appeal is against this decision. [2] The City of Bombay Municipal Act, 1888, has twenty-one chapters and 528 sections and covers, as might be expected, a wide field. Chapter X deals with water-supply. Section 265, which is in this chapter, is as follows: "The Commissioner shall have the same powers and be subject to the same restrictions for carrying, renewing and repairing water-mains, pipes and ducts within or without the city, as he has and is subje...

Gooderham and Worts, Ltd. Vs. Canadian Broadcasting Corporation

Court: Privy Council

Reported in: AIR1949PC90

Lord Macmillan: The appellants are the owners of a private radio station, originally designated by the letters C K G W, at Bowmanville, some forty miles from Toronto, which they began to operate in 1928. In 1933, the Canadian Radio Broadcasting Commission, constituted under the Canadian Radio Broadcasting Act, 1932, who were then organizing a basic network of stations across Canada, entered into negotiations with the appellants with a view to acquiring a lease of their undertaking. As a result of these negotiations the appellants and the Commission on 9th and 16th June 1933, executed an indenture of lease "as of" 15th May 1933. It is with the chequered fortunes of this lease that the present litigation is concerned. Its validity, its interpretation and its effect are all in issue. [2] The subjects of the demise are described as consisting of the lands and premises of the appellants at Bowmanville and "all plant and equipment owned by the lessor and used by it in connection with the ope...

The King Vs. Dominion Engineering Co., Ltd.

Court: Privy Council

Lord Macmillan: The Crown is here the appellant in a claim to recover from the respondents, the Dominion Engineering Company Limited (hereinafter called "the Dominion Company") the sum of $10,844.46 as sales tax, together with penalties, under S. 86, Special War Revenue Act, Chap. 179 of the Revised Statutes of Canada, 1927, as amended by subsequent enactments. The claim of the Crown has been rejected by the Exchequer Court of Canada (Angers J.) and by a unanimous judgment of the Supreme Court. The terms of S. 86 (1), Special War Revenue Act, under which the Crown seeks to impose liability on the Dominion Company are as follows:- "86 (1) There shall be imposed, levied and collected a consumption or sales tax of 8 per cent. on the sale price of all goods- (a) produced or manufactured in Canada, payable by the producer or manufacturer at the time of the delivery of such goods to the purchaser thereof. Provided that in the case of any contract for the sale of goods wherein it is provided ...

Egged Co-operative Society Ltd. Vs. Levi Geffen

Court: Privy Council

Reported in: AIR1947PC32

Sir John Beaumont: This is an appeal from the judgment of the Supreme Court of Palestine sitting as a Court of appeal dated 30-11-1943, reversing the judgment of the District Court of Tel Aviv dated 30-6-1943, and ordering judgment to be entered for the respondent for L.P. 500 with cost. [2] In the year 1940, the appellants wished to acquire the majority of the shares in a company called Abir Company Ltd. The respondent was one of the share-holders in that company, and the appellants thought that he could influence other share-holders. Accordingly an agreement was entered into between the appellants and the respondent, the terms of which are to be found in a letter from the appellants to their solicitor, Dr. Ishayevitz, which was admittedly shown to the respondent. The letter is Ex. D-2, and contained the following provision : "We hereby instruct you in your capacity as our advocate to communicate to Mr. Levi Geffen on our behalf that after we shall have procured the majority of share...

Thakur Chandra, Singh, Istimrardar of Bandanwara (District Ajmer) Vs. ...

Court: Privy Council

Reported in: AIR1947PC37

Lord Macmillan: The appellant Thakur Chandra Singh is the present Istimrardar of the Istimrari estate of Bandanwara in the District of Ajmer, to which he succeeded on the death of his kinsman Thakur Rameshwar Singh, on 1st November 1933. An Istimrardar is defined by S. 20, Ajmer Land and Revenue Regulation 1877 (2 [II] of 1877) to include a person who has become entitled to an Istimrari estate by succession, and an Istimrari estate is defined to mean an estate in respect of which an Istimrari sanad has been granted before the passing of the Regulation by the Chief Commissioner with the previous sanction of the Governor-General-in-Council. [2] Section 23 of the Regulation makes provision in certain cases for the devolution of Istimrari estates on the death of the Istimrardar. Section 24 provides that: "Any question as to the right to succeed to an Istimrari estate in a case not provided for by S.23 shall be decided by the Governor-General-in-Council or by such officer as he may appoint ...

Antonio Buttigieg Vs. CaptaIn Stephen H. Cross and Others

Court: Privy Council

Lord Roche: This is an appeal by leave of His Majesty's Court of Appeal (Civil Hall), Malta, from a judgment of the said Court of Appeal, dated 8th November 1943, allowing an appeal by the respondent, Brigadier Geoffrey F. H. Stayner on behalf of the Competent Military Authority (hereinafter referred to as H. Q.) from the judgment of His Maiesty's Civil Court, First Hall, dated 30th July 1943. [2] The main question falling to be determined in this appeal is whether the Competent Military Authority in Malta, now represented by the respondent, Brigadier Normal Salew, is liable to the appellant in damages for alleged breach of contract in and about the opening by the appellant of Maxim Club Valetta, by reason of H. Q. placing the said Club out of bounds to service members. [3] The facts are as follows : In April 1941, it was proposed by H. Q. that a Club for officers serving in His Majesty's Forces should be opened in Valetta, and the appellant, who was the proprietor of the Monico Bar, V...

The Treasurer of Ontario Vs. Mrs. Frances Eugenia Blonde and Others

Court: Privy Council

LORD UTHWATT: These appeals from the Court of Appeal for Ontario relate to the question of the situs to be attributed to registered shares in companies for the purposes of the Succession Duty Acts of Ontario. They may be conveniently dealt with together. [2] In Blond's case the testator A. T. Montreuil at the date of his death on 2-10-1936, was the registered owner of certain fully paid shares in the capital stock of Briggs Manufacturing Co., and Pfeiffer Brewing Company. Each of these companies was incorporated under the law of the State of Michigan, U. S. A., and had its head office in Detroit. Each company had duly appointed transfer agents in Michigan and New York and all the shares of each company could be transferred at either place on production of the relative share certificate. No other transfer office was maintained by either company. [3] At the date of his death, the testator was domiciled and resident in Ontario and the share certificates were in his possession in Ontario. ...