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Hodge V. The Queen
''Hodge v The Queen'' is a Canadian constitutional law decision of the Judicial Committee of the Privy Council in 1883, at that time the highest court of appeal in the British Empire, including Canada. It was decided under the ''British North America Act, 1867'', now known as the ''Constitution Act, 1867'' The case was the first time that the Judicial Committee considered the constitutional status of the provincial legislatures as a general matter of principle, rather than the case-by-case analysis that had been used up to that point. The Judicial Committee held that the provincial legislatures, and the federal Parliament, both had extremely broad powers of legislation within their respective areas, on par with the British Parliament itself. The legislatures and Parliament were not mere delegates of the British Parliament, but plenary legislative bodies, subject only to the limits on their powers set out in the ''British North America Act, 1867''. The case is also significant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of powers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aemilius Irving In 1883
The gens Aemilia, originally written Aimilia, was one of the greatest Patrician (ancient Rome), patrician families at ancient Rome. The gens was of great antiquity, and claimed descent from Numa Pompilius, the second King of Rome. Its members held the highest offices of the state, from the early decades of the Roman Republic, Republic to Roman Empire, imperial times.''Dictionary of Greek and Roman Biography and Mythology'', vol. I, p. 30 ("s:Dictionary of Greek and Roman Biography and Mythology/Aemilia gens, Aemilia Gens"). The Aemilii were almost certainly one of the ''gentes maiores'', the most important of the patrician families. Their name was associated with three major roads (the ''Via Aemilia'', the ''Via Aemilia Scauri'', and the '), an administrative region of Italy, and the Basilica Aemilia at Rome. Origin Several stories were told of the foundation of the Aemilii, of which the most familiar was that their ancestor, Mamercus, was the son of Numa Pompilius. In the l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Horace Davey, Baron Davey (1833-1907), By George Frederick Watts
Horace Davey, Baron Davey, PC, FRS, FBA (30 August 183320 February 1907) was an English judge and Liberal politician. Background and education Davey was the son of Peter Davey, of Horton, Buckinghamshire and Caroline Emma Pace, and was born in Camberwell, Surrey. He was educated at Rugby and University College, Oxford, where he matriculated on 20 March 1852. He took a double first-class in Classics and Mathematics (Moderations and Finals), was senior mathematical scholar and Eldon law scholar (1859), and was elected a Fellow of his college (1856–67). Having achieved a BA (1856), and an MA (1859) Davey decided on a career in the law. He was admitted to Lincoln's Inn on 19 January 1857. On 26 January 1861, he was called to the Bar at Lincoln's Inn. Almost as soon as he started work as a law reporter, he married the following summer, on 5 August 1862. He was employed on young titles such as ''New Reports'', when he joined in marriage Louisa Hawes Donkin at St George's, C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Kirkpatrick Kerr
James Kirkpatrick Kerr (1 August 1841 – 4 December 1916) was a Canadian lawyer and Senator. He served as Speaker of the Senate of Canada during the 11th Parliament from 14 January 1909 to 22 October 1911. Kerr was born in Guelph in what was then Canada West. He was called to the bar of Upper Canada in 1862 and began a legal partnership with Edward Blake, Samuel Blake and James Bethune. He became head, in 1884, of the legal firm of Kerr, Davidson, Paterson and Grant. In his career, Kerr argued several cases before the Judicial Committee of the Privy Council and was elected a Bencher of the Law Society of Upper Canada in 1879. He was an active Liberal and stood unsuccessfully for election to the House of Commons of Canada in 1891 from Toronto Centre. He became president of the Ontario Liberal Association in 1892 and was appointed to the Senate of Canada on 12 March 1903. He was appointed Speaker of that body six years later. Kerr was also an active Mason and was Grand M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Curran Morrison
Joseph Curran Morrison (August 20, 1816 – December 6, 1885) was a lawyer, judge and political figure in Canada West. He was born in Ireland in 1816 and came to Upper Canada with his family in 1830. He studied at Upper Canada College, studied law, articled with Simon Ebenezer Washburn and was called to the bar in 1839. In 1848, he was elected to the Legislative Assembly of the Province of Canada, Legislative Assembly for the West riding of York County, Ontario, York. He was elected to represent Niagara-on-the-Lake, Niagara in an 1852 by-election after Francis Hincks was elected in both Niagara and Oxford; Morrison was reelected in 1854. He served on the Executive Council as solicitor general from 1853 to 1854. In 1856, he was named receiver general, serving until 1858. He served as director and later president for the Northern Railway of Canada, Ontario, Simcoe and Huron railway. He prosecuted the case against Grace Marks and James McDermott in 1853 and, in 1860, prosecuted Jam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christopher Salmon Patterson
Christopher Salmon Patterson (January 16, 1823 – July 24, 1893) was a Canadian Puisne judge of the Supreme Court of Canada. Born in London, England, the son of John and Ann Patterson, he studied at the Royal Belfast Academical Institution in Ireland. In 1845, he emigrated to Picton, Canada West (now Ontario), Canada. He was called to the Canada West Bar in 1851 and moved to Toronto in 1856 and practised law. In 1874, he was appointed to the Ontario Court of Error and Appeal. In 1888, he was appointed to the Supreme Court of Canada in 1888. He served until his death in 1893. Patterson Township, Ontario Patterson Township is a geographic township in central Ontario, Canada. As it is unincorporated, it is located in the Central Unorganized portion of Parry Sound District. The township is located where the French River flows from Lake Nipissing, ... is named in his honour. References Supreme Court of Canada Biography {{DEFAULTSORT:Patterson, Christopher 1823 birt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George William Burton
Sir George William Burton (July 21, 1818August 22, 1901) was a British-Canadian lawyer and judge. He was Chief Justice of Ontario from 1897 to 1900. Biography Burton was born in Sandwich, Kent, England, on July 21, 1818, the second son of Admiral George Guy Burton, Royal Navy. He was educated at the Rochester and Chatham Proprietary School. In 1836 or 1837, Burton came to Canada and settled in Ingersoll, where he began studying law in the office of his paternal uncle, Edmund Burton. He was called to the bar in 1841 or 1842. Thereafter, he practised law in Hamilton. Burton also practised in partnership with Charles A. Sadleir, as Burton & Sadleir, for many years. He was a reformer in politics. On June 9, 1850, Burton married Elizabeth Perkins, daughter of Dr. F. Perkins, of Kingston, Jamaica, and niece and adopted daughter of Colonel Charles Cranston Dixon, of the 90th Regiment. Burton acted as solicitor for the city of Hamilton; also for the Canada Life Assurance Compan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Godfrey Spragge
John Godfrey Spragge (September 6, 1806 – April 20, 1884) was a Canadian lawyer and judge. Born in New Cross, Lewisham, England, he emigrated to Upper Canada in 1820 with his father, Joseph Spragge. He was called to the bar of Upper Canada in 1828 and practised law in York (now Toronto). In May 1881, he was appointed chief justice of the Court of Appeal for Ontario (the title was changed later in the year to chief justice of Ontario). He served until his death in 1884. Spragge as a justice on Ontario Court of Appeal presided over ''McLaren v Caldwell'' where he held that Ontario law made all streams, whether naturally or artificially floatable, public waterways. On appeal to the Supreme Court of Canada, the Court of Appeal's decision was reversed on the grounds that: the streams in question were not floatable without the aid of artificial improvements, the appellant had at common law the exclusive right to use his property as he pleased, and to prevent respondents from using ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
