Ontario Community Newspapers

Ontario Scrapbook Hansard, 7 Feb 1908, p. 2

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"i nuron 1 ' 1 _ |shall have jurisdiction in all actions, . .ts .: e : U amount involved, if both parties con-- es 'r(;;'éf' f _: sent. [ $ y s ; ym y > 1 | "That the ordinary jurisdiction of'the. . ie C 3M County and District Courts should be: o ce s y increased. 5 TA\ A t o | <"That communications should be had + | with the Tmperiat and Dominion Gov-- 4 Attorney--General Will Lay PPO~ | ernments with a o canttine. bemaments f 'the Imperial and Canadian Parliaments: | * > posalS Before LGngIature- as to such of the foregoing matters as 1 | are not within the legislative authority j innimemmemtmn im pommens . ie of the Province." ! T OF APPEAL Will Introduce a Bill. ONE COUR * ' The Government have (taken this i | course in bringing the matter before the f en tignemsnemenc ocms \House in order that it may receive l -- | R |the benefit of full discussion. _ It is i reatest MDOTT-- {jintended by the Govi*rnnmnt to' subse-- only cases Of G o p 'quontly introduce a bill which will, pre-- ' l ance tO GO tO Pl'lvy COUflCI'. !sumably. embody the conclusions --arriv-- I A 'ed at as a result of that discussion,. The i ced oo 'matter is one of the highest importance, ;' iand, as the resolution indicates, there | rincial Supreme Court | 27 be questions of jurisdiction raised 'Judges of Provincial Ssupreme( '0 | which | will necessitate the promot'on of | . _ to Constitute the Appellate Court ':;(.gifllat.inn in the Dominion Pariament | | --Proposed Increase of Jurisdic« |and possibly in the Impvria]:P;n'linmont. -- Colufts : As matters stand at present a casg can | tion of County and District COUNES |pp jppealed to a Divisional Court, --Legislation May be Necessary. 'tho-noo carried to the Court of Appeal. 'and in certain cases to the Supreme t s \Court and the Privy Council. -- The pro-- * o | posals contained in the Hon. J . J . Foy's o csanine: than -- asure of ; Tesolution are that the anpeal to the ex-- '\101'*: sweeping ""'"__'m~\ mf" m'( 'n' listing Divisional Court shall be cut out, law reform suggested since 13'". arC "" and appeal to the Privy Council only proposals embodied in a resolution which | allowed in cases of the character speci-- the Attorney--General, the Hon. J . J. fied. _ A clause of --considerable import-- Foy, will--move in the Legislature next ';'::'; ':f t}',:)fmf;""}m;:::;l '1';]':"'11:1 1"{':;:1]'; Tuesday. _ The resolution in the main | should be increased. and thereby _ the follows the course which has been ad-- |pressure on the High Court relieved. vocated by tlie Hon. A. G. Machay, wore--o--mmnmaeomom mmmmmmmmnooscomemmmzas ; leader of the Opposition, during his re-- cent tour throughout a portion of the i inci pose is to % Province. I'ts prlgmpal purpo 3 |WILL AMEND TELEPHONE ACT. establish a single Court of Appeal and es thereby prevent the prolongation of liti-- !Difficulties in Way of Establishment gation, which so frequently oceutrs under || of Municipal Telephones,. the existing system. _ The -- resolution ' Notice of motion given by the Minister )'ea:l's . beet ' this I , _ fof Public Works has already indicated .ullhat 1{1 the oy;unon of this tuu-(i | that it is the Government's intention to with a view to the more prompt and ; l ias lestone + : amend the local municipal telephone l satisfactory administration of justicé in !svstems act. -- The act does not fulfill s civil matters and the assessing of the | the purpose for which it was interded. COSt thcr001, lt 18 exped]('"t: 'I'here iS no pro\-i"-ion b'- "'hl(h munici-- \ ities desiring > is] lephonse o 1 Hate Court. palitics desiring to estab ish a tele} nly One Appe + | system can _;}_.,vaea,d the cost over a term . ;;rhat there Sho'l'lld 1';'!' but one Ap~: [ f years. _ It is the Government's inten-- |pellate Court for the Province. i th sed amendment, to re-- f "That all the Judges of the Supreme :1;(())1\10 'Rn"i?,f%ifi'{{l i(x]) the way of the es-- |Court of Judicature for Putario should-- /' tablishment of municipal telephone sys-- constitute the '\PP""ute Wourt. ' tems, and to provide the necessary mach-- fL{-- "Tl.la.t.the Appeilate Court shf)uld sit inery enabling the capital charges fm: | "lli dll(;"ls)wns' the nlwmbc.-.rs l"[t "'{1"']' installation to be spread over a term of shou e permanently assigned to them vears,. or chosen from time to time by the= (*~ .e rnrmmemnamaage ie momnm rap um Judges from among themselves. g I a_-- «& _« y snilss n * '"That the divisions should consist . of> f five members, fout of whom should. be? a quorum, except in election eases and cases in which constitutional questions: arise, for which five members should sit, o and except in appéals from . inferior courts, for the hbhearing of which three Judges should form a quorum. s "That the decision 'of the Court of Appeal --should be final in. ail cases ¢x-- & cept where (a) constitutional questions * arise, or (b) questions in which the con-- | struction or application of ; a statute of 'f?ana'da are: involved,. or (c). the action is between a resident of Ontario and a w lperson residing out of the Province. | Abotish Privy Council Appeal. § f | _ "That the appeal of right to the Judi-- \ cial Committee of the Imperial Privy Council should be abolished, and the. prerogative right of granting leave to appeal to that tribunal, if retained, should be limited to cases in which large a_mounts are invol\:cd ort important ques-- tions cof general interest arise, "That in matters of mere practice the decision of a Judge of the Supreme: & 'Court:, whether on appeal or a Judge of | first instance, should be final. f | ""That provision be made to regulite examinations for discovery | to prevent ; the excessive costs that are often--inci-- |dent to such examinations, and the iun-- d"f Tgrolongatlon of such examinations. # : at the County and District Courts®

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