The claimants asserted a right of light either by prescription or under lost modern grant. The defendants argued that alterations in the windows arrangements meant that any prescription period was restarted. Held: ‘the Defendant is not correct to submit that any significant alteration in a window during the running of the 20 year period, means … Continue reading CGIS City Plaza Shares 1 Ltd and Another v Britel Fund Trustees Ltd: ChD 13 Jun 2012
The plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982
The court considered an application leave to request a judicial review seeking a declaration that treaty obligations entered into by the Crown to the Indian peoples of Canada were still owed by Her Majesty in right of Her government in the UK. Held: The claim failed. The Crown was not single and indivisible but separate … Continue reading Regina v The Secretary of State for Foreign and Commonwealth Affairs, ex parte Indian Association of Alberta: CA 1982
The plaintiffs as representatives of the Indian Tribes of Canada sought declarations that the 1982 Act which provided for the independence of Canada was invalid. They appealed the strike out of their claims, saying that they had not been consulted as required, and that the Act would prejudice their interests. It was said that a … Continue reading Manuel and Others v HM Attorney General: CA 30 Jul 1982
Abolition of civil appeals from Canada. The Board, in referring to the Canadian Constitution said of the 1867 Act that: ‘To such an organic statute, the Canadian Constitution the flexible interpretation must be given that changing circumstances require.’ Judges: Viscount Jowitt Citations: [1947] AC 127 Statutes: Statute of Westminster 1931 2 83, British North America … Continue reading Attorney-General for Ontario v Attorney-General for Canada: PC 1947
The Board was asked as to the competency of a petition for special leave to appeal to the King in Council from a judgment of a court in Quebec in a criminal matter. The petitioners argued that notwithstanding the provisions of a Canadian statute which prohibited such appeals, this class of appeal was external to … Continue reading British Coal Corporation v The King: PC 1935
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