McLaren V Caldwell
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McLaren V Caldwell
''McLaren v Caldwell'' was a landmark decision of the Judicial Committee of the Privy Council that upheld provincial jurisdiction in matters of a local or private nature, as well as over property and civil rights. It has been described as "a decision in a non-constitutional legal context that had indirect non-legal, but profound, constitutional consequences." Background The case arose from a controversy that came to be known as the "Lumbermen's Feud". Peter McLaren owned a lumber mill and had added timber slides on the Mississippi river and its northern tributaries that flowed through land that he owned in Lanark County, Ontario, in order to provide for transporting his own logs. Boyd Caldwell owned a rival mill, and was attempting to drive 18,000 logs through those slides. McLaren sued Caldwell's firm, B. Caldwell & Son, to restrain them from passing or floating timber and saw logs through his slides. Caldwell claimed that McLaren was unable to prevent the use of the river for t ...
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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 ...
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Oliver Mowat
Sir Oliver Mowat (July 22, 1820 – April 19, 1903) was a Canadian lawyer, politician, and Ontario Liberal Party leader. He served for nearly 24 years as the third premier of Ontario. He was the eighth lieutenant governor of Ontario and one of the Fathers of Confederation. He is best known for defending successfully the constitutional rights of the provinces in the face of the centralizing tendency of the national government as represented by his longtime Conservative adversary, John A. Macdonald. This longevity and power was due to his maneuvering to build a political base around Liberals, Catholics, trade unions, and anti-French-Canadian sentiment. Early years Mowat was born in Kingston, Upper Canada (now Ontario), to John Mowat and Helen Levack, Scottish Presbyterians who both emigrated from Caithness, Scotland. As a youth, he had taken up arms with the loyalists during the Upper Canada Rebellion of 1837, which suggested a conservative inclination in politics. But he instea ...
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Navigable Waters Protection Act
The ''Canadian Navigable Waters Act'' (the ''Act'') (formerly the ''Navigation Protection Act'' and beforehand the ''Navigable Waters Protection Act'') is one of the oldest regulatory statutes enacted by the Parliament of Canada. It requires approval for any works that may affect navigation on navigable waters in Canada. History Following the decision of the Judicial Committee of the Privy Council in ''McLaren v. Caldwell'', the Parliament asserted its jurisdiction by enacting ''An Act respecting Bridges over the navigable waters, constructed under the authority of Provincial Acts'', which received royal assent on 17 May 1882. Originally extending only to the construction of bridges, its scope was enlarged in 1883 to cover bridges, booms, dams and causeways, and in 1886 to cover wharves, docks, piers and other structures. These provisions were consolidated in the publication of the ''Revised Statutes of Canada, 1886''. It was assigned the short title of the ''Navigable Waters Prote ...
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Parliament Of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law. The governor general, on behalf of the monarch, summons and appoints the 105 senators on the advice of the prime minister, while each of the 338 members of the House of Commons – called members of Parliament (MPs) – represents an electoral district, commonly referred to as a ''riding'', and are elected by Canadian voters residing in the riding. The governor general also summons and calls together the House of Commons, and may prorogue or dissolve Parliament, ...
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Ontario Heritage Trust
The Ontario Heritage Trust (french: link=no, Fiducie du patrimoine ontarien) is a non-profit agency of the Ontario Ministry of Tourism and Culture. It is responsible for protecting, preserving and promoting the built, natural and cultural heritage of Canada's most populous province, Ontario. History It was initially known as the Archaeological and Historic Sites Board during the 1950s. It was incorporated into the Ontario Heritage Foundation in 1968 by the Progressive Conservative government of John Robarts. Its name was changed to the Ontario Heritage Trust in 2005 by an amendment to the ''Ontario Heritage Act''. The Trust's immediate past chair is Harvey McCue. The Trust's most recognizable work is the Provincial Plaque Program. Since 1956 (at Port Carling), it has erected over 1,200 of the now-familiar blue and gold plaques, the vast majority of which are found across Ontario, but also in the United States, France, Germany, Ireland, the United Kingdom, and the Netherlands. ...
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Bullrush
Bulrush is a vernacular name for several large wetland grass-like plants *Sedge family ( Cyperaceae): **''Cyperus'' **''Scirpus'' **'' Blysmus'' **'' Bolboschoenus'' **''Scirpoides'' **'' Isolepis'' **''Schoenoplectus'' **''Trichophorum'' *Typhaceae: **'' Typha'' The Botanical Society of Britain and Ireland recommends "bulrush" as an English name for plants in the genus ''Typha''. These species are also sometimes known as reedmace, cattails or black paddies. One particular famous story involving bulrushes is that of the ark of bulrushes in the Book of Exodus. In this story, it is said that the infant Moses was found in a boat made of bulrushes. Within the context of the story, this is probably paper reed ('' Cyperus papyrus''). See also Rushes (Juncaceae Juncaceae is a family of flowering plants, commonly known as the rush family. It consists of 8 genera and about 464 known species of slow-growing, rhizomatous, herbaceous monocotyledonous plants that may superficially ...
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Rill
In hillslope geomorphology, a rill is a shallow channel (no more than a few inches/decimeters deep) cut into soil by the erosive action of flowing surface water. Similar but smaller incised channels are known as microrills; larger incised channels are known as gullies. Artificial rills are channels constructed to carry a water supply from a distant water source. In landscape or garden design, constructed rills are an aesthetic water feature. Rills created by erosion Rills are narrow and shallow channels which are eroded into unprotected soil by hillslope runoff. Since soil is regularly left bare during agricultural operations, rills may form on farmland during these vulnerable periods. Rills may also form when bare soil is left exposed following deforestation, or during construction activities. Rills are fairly easily visible when first incised, so they are often the first indication of an ongoing erosion problem. Unless soil conservation measures are put into place, ri ...
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Colin Blackburn, Vanity Fair, 1881-11-19
Colin may refer to: * Colin (given name) * Colin (surname) * ''Colin'' (film), a 2008 Cannes film festival zombie movie * Colin (horse) (1905–1932), thoroughbred racehorse * Colin (humpback whale), a humpback whale calf abandoned north of Sydney, Australia, in August 2008 * Colin (river), a river in France * Colin (security robot), in ''Mostly Harmless'' of ''The Hitchhiker's Guide to the Galaxy'' series by Douglas Adams * Tropical Storm Colin (other) See also *Collin (other) *Kolin (other) *Colyn Colyn is a given name and surname. Notable people with the name include: * Alexander Colyn (1527–1612), Flemish sculptor * Colyn Fischer (born 1977), American violinist * Simon Colyn (born 2002), Canadian soccer player See also * Colin (given ...
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Freshet
The term ''freshet'' is most commonly used to describe a spring thaw resulting from snow and ice melt in rivers located in upper North America. A spring freshet can sometimes last several weeks on large river systems, resulting in significant inundation of flood plains as the snowpack melts in the river's watershed. Freshets can occur with differing strength and duration depending upon the depth of the snowpack and the local average rates of warming temperatures. Deeper snowpacks which melt quickly can result in more severe flooding. Late spring melts allow for faster flooding; this is because the relatively longer days and higher solar angle allow for average melting temperatures to be reached quickly, causing snow to melt rapidly. Snowpacks at higher altitudes and in mountainous areas remain cold and tend to melt over a longer period of time and thus do not contribute to major flooding. Serious flooding from southern freshets are more often related to rain storms of large tropi ...
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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 ...
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Ontario Court Of Appeal
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 ...
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Legislative Assembly Of Ontario
The Legislative Assembly of Ontario (OLA, french: Assemblée législative de l'Ontario) is the legislative chamber of the Canadian province of Ontario. Its elected members are known as Members of Provincial Parliament (MPPs). Bills passed by the Legislative Assembly are given royal assent by the Lieutenant Governor of Ontario to become law. Together, the Legislative Assembly and Lieutenant Governor make up the unicameral Legislature of Ontario or Parliament of Ontario. The assembly meets at the Ontario Legislative Building at Queen's Park in the provincial capital of Toronto. Ontario uses a Westminster-style parliamentary government in which members are elected to the Legislative Assembly through general elections using a "first-past-the-post" system. The premier of Ontario (the province's head of government) holds office by virtue of their ability to command the confidence of the Legislative Assembly, typically sitting as an MPP themselves and lead the largest party or a ...
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