Category: Commonwealth

The Lindsay Petroleum Company v Hurd and Others: PC 20 Jan 1874

The court discussed the basis of the equitable doctrine of laches.
Lord Selbourne LC said: ‘Now the doctrine of laches in courts of equity is not an arbitrary or technical doctrine. Where it would be practically unjust to give a remedy, either because the party has by his conduct done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has, though perhaps not waiving that remedy, yet put the other party in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted in either of these cases, lapse of time and delay are most material. But in every case if an argument against relief which otherwise would be just is founded upon mere delay that delay of course not amounting to a bar by any statute of limitations, the validity of that defence must be tried upon principles substantial equitable. Two circumstances, always important in such case, are the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as relates to the remedy.’
Canada

Judges:

Sir Barnes Peacock, Lord Selbourne LC

Citations:

(1874) LR 5 PC 221, [1873] 5 AC 221, [1874] UKPC 2

Links:

Bailii

Jurisdiction:

Commonwealth

Equity

Updated: 20 August 2022; Ref: scu.418890

Charles Russell v The Queen: PC 23 Jun 1882

(New Brunswick) The defendant had been convicted of unlawfully selling intoxicating Licquor contrary to the 1878 Act. He challenged his conviction saying that the Act had been outwith the powers of the Parliament of Canada as provided for by the 1867 Act.
Held: The Court discussed the ‘true nature and character’ of a statute. Where a measure does not fall within the matters assigned by s. 92 to the Provinces, the Parliament of the Dominion, under the general power to make laws for the peace, order and good government of Canada, may obtain authority to enact it.

Judges:

Sir Barnes Peacock, Sir Montague E Smith, Sir Robert Collier, Sir James Hannen, Sir Richard Couch

Citations:

[1882] UKPC 33, (1882) 7 App Cas 829

Links:

Bailii

Statutes:

Canada Temperance Act 1878 99, British North America Act 1867 91 92

Cited by:

Cited – Gallagher v Lynn PC 1936
Section 4 of the 1920 Act provided that the Parliament of Northern Ireland had power to make laws for the peace, order and good government of Northern Ireland, but not to make laws in respect of, among other things, trade with any place out of . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Constitutional

Updated: 19 August 2022; Ref: scu.418301