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esn Eo en e t C 142 i ane :.? there ~____ _A Strong Fudidiary. ---- j uld be ncréas he number aid seiped to Sa¥ that Wwhitever E. f appeals to the "A or appéal § B?"'I%l%d to ~have in der ":, court. 'This view would, no doubt, be . ig the work of the courts, he was not 'found correct, and they might expect liever in the decentralization of the an : increase in appeals, because the %m ¢ éoq'-'., %'emmm on--*> was business 'of the courts would be ln-l the surest way of _ maintaining | creased. \ }3;,"::;::4;% 'o: h'tdhe High Court | s & , y. ey _ &n .. example ' Higher Courts. } of the bad effect of decentralization in . _ Objection nad atso been made because another Province, and he thought it 'the bill --made-- no _ refernce . to would be admitted on all hands that appeals.. He had thought it better| Ontario had a stronger jJudiciary than| 'to delay dealing with the matter to| Quebec. awhich he was now'u rlelerrltr:g. Thati * o% Simplifying Procedure. was 'a matter requiring the gravest consideration --and lengthy deliberation. :?';"h"" some measures in the bill It had beeg sus{estod in this connec-- A';ttc e was ""'?r would greatly sim~ tion that there should be but one Court 'v)v fl{i l'brocedure. he abolition of the of Appeal, and that the Judges »f. the | of summons was one of these. He \Supreme Court (Court of Appeal and | did not think that this would greatly \High Court) should constitute that | lessen the expense, but it was desirable Court of Appeal. It had been fui'ther! it? limpllfy procedure, and the measure suggested that one division of that| "':md' he thought, bring about that fe-- court should > sit all the timeé. sult. There were some, of course, who It had also been suggested that the | objected to simplification, but generally Court of Appeal should be a court of ; 's'(')':ng"gfiflg&!;d hadhmeitrwith approval. ' promottion for High Court Judges.} made in County Court a . change was y Court procedure, a like That was undoubtedly something an h that -- was to be desired.. Pos-- ep should not be taken in regard to sibly: "/ some-- «ction might _ be the High Court. He thought that the taken soon by the Dominion Govern-- change could be carried out without af-- ment on that question. He had some fecting the High Court. The bill did expectation that this would ba the not, as he had pointed out, dea} with the case.. For the present, however, it latter, and after it had been given a k would, he thought, be better for the 't)r';lalottl}xleeg %g?nd::méhe "d""*'-bm.ty Ontario Legislature to leave matters in Gibson co'nslder:d that c;l'llt_nulng, fikg their present status, instead of mak-- of interlocut the combining ing changes which perhaps mignt be to seeifi%?r':am}fc%;"ge';',{?""': subjected to further changes in the reform. Ss.0 near future. System * tC *_--'The Popular. View. / of Costs. f th§ PP noula nen'te were It was the intention to give the biock ready "for" Such --Shanges,. he. thought Courts. * it B40 been introduced Sue. there was force in the suggestion that cessfully in the State notr N':?dy%':i' no action should be taken without hav-- The complaint _ had been _ that ing the opinions of those best capable there were too many appeals. That dif-- us =n The peseng oill inews fas 4 Isresiy Iqepshen by depisiation 'lhe o. generally entertained 'view througnout tal number of ap;e:l's' 'tzt:.::. C'gt?:ttgi | the Province in favor of the increase Appeal in 1899 was 127, and the total of. County Court jurisdiction. How-- in 1900 was 122, not so very large a ' ever, the legal profession did not agree rumber all told. Of those entered in on this point. 'There were conflicting 1899 only 28 and in 1900 only 29 were | interests, and we would wait a very direct from the Divisional Court, so ilont time for anything like unanimity. that the number of appeals direct from The bill might not go cgulte as far nats ;: cuurt to court was not very large after ldld and yet sec\{re a large l«mo;\t us all. He thought that isolated suits business at the county towins. f Sprg-- were often unfairly used by speakers lxtih dike ty Tave a" hrke caer of pps en poaees n contetnancion ut the cases dealt with by the County Courts. f * Much ltigation nevter uf.:me into th: Examination for Discovery. courts by 'reason 0 large AMAQLEL The bill, he proceeded, provides that| of costs. He was not slandering the m d x *A es that. profession, for there was no profession ,the cf"" of exarmination for--discovery more honorable. (A voice: "Carried,' shail not be taxed against the opposite Aiimgis was) not namame, the, in, Ts 9t amendimend ate cpoueity amages was not always = nts. n amendment, he thoug |\ dication of the importance of a might be made to cover cases where the |\case. _A man would often spend examination resulted, owing to the| half a fortune in vindicating his char-- breaking down of the defence, in mo--| acter. He confessed it was with a good tions for judgment. He proposed, there-- de:ll of hdesitatlhm ng\t h: béOfll{ltj li_l')el torf. t& provide that in cases where exi and slander within County Court junis-- aminations resulted in the obtaining o diction. He was open to arguments judgment, a fee should be allowed to with reference to these two subjects of the plaintiff's solicitor. litigation. He was aware that their absent colleague, Mr. Garrow, whose Jury System. 2';%:'0:;"':;"}:::"' "'"';5;"'.'&0::"@":':':; M Reterring to the provisions regarding § to actions of slander a.ng libel being left t:; ::'v::t t:.mg:'m'"w;g'j r;'l"hg't';:y for the High Court to deal with, th ne urles when. l » ere was no business. the Attornevy--