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Appeal [1939] SCR 273

Robertson v. Murphy

The Supreme Court of Canada refused special leave to appeal, holding the Manitoba Court of Appeal’s order was neither final nor a judgment directing a new trial.

  • Leave to appeal
  • Final judgment
  • Judgment directing a new trial
  • Demurrer
  • Questions of law
  • Procedural timing
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Appeal (1908) 40 SCR 139

Ville de St. Jean v. Molleur

The Supreme Court of Canada held that a judgment allowing demurrer to some distinct counts was final as to those issues and therefore appealable.

  • Final judgment
  • Demurrer
  • Forfeiture of municipal franchise
  • Appealability
  • Res judicata
  • Final-judgment
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Mines and minerals (1907) 38 SCR 542

McLean v. The King

The Supreme Court of Canada held that a petition alleging the Crown granted leased mining areas to others while an exclusive subaqueous mining lease was in force disclosed a cause of action.

  • Subaqueous mining
  • Crown grants
  • Dredging lease
  • Breach of contract
  • Damages
  • Demurrer
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Intellectual property (1905) 36 SCR 593

Toronto Type Foundry Co. v. The Mergenthaler Linotype Co.

The Supreme Court of Canada refused leave to appeal from an order postponing decision on a demurrer, holding it was not a judgment upon the demurrer.

  • Patent infringement
  • Demurrer
  • Leave to appeal
  • Interlocutory order
  • Leave-to-appeal
  • Interlocutory-orders
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Contract (1902) 32 SCR 722

Tucker v. The King

The Supreme Court of Canada dismissed an appeal over a petition of right seeking fees for services as a Crown commissioner, finding no enforceable contract against the Crown.

  • Quantum meruit
  • Remuneration of public commissioners
  • Petition of right
  • Demurrer
  • Solicitor-client fee analogy
  • Quantum-meruit
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Civil procedure (1898) 29 SCR 193

Eastern Townships Bank v. Swan et al.

The Supreme Court of Canada allowed the appeal, holding that the defendants had not been given proper notice before a peremptory hearing date was fixed.

  • Requête civile
  • Demurrer
  • Default judgment
  • Notice for hearing
  • Peremptory hearing
  • Surprise and artifice
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Civil procedure (1891) 19 SCR 489

McKean v. Jones

Appeal in equity over an assigned insurance fund, necessary parties, and res judicata. The Supreme Court of Canada dismissed the appeal and affirmed the decree below.

  • Assignment of chose in action
  • Demurrer
  • Res judicata
  • Necessary parties
  • Acceptance of order
  • Holder for value
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Civil procedure (1892) 16 SCR 703

Shaw v. The Canadian Pacific Railway Company

Appeal quashed for want of jurisdiction because the demurrer ruling was not a final judgment, so no appeal lay to the Supreme Court of Canada.

  • Appealability of interlocutory judgments
  • Demurrer to replication
  • Replication vs. plea (contract v. tort)
  • Limitation of liability under special contract
  • Statutory exception for negligence (consolidated railway act 1879 s.25(4))
  • Appellate-jurisdiction
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.