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Canada Case Law

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Succession law (1904) 35 SCR 193

Prevost v. Prevost

The Supreme Court of Canada dismissed an appeal because the appellant was not a party to the Superior Court proceedings authorizing the sale of substituted lands.

  • Family council
  • Substituted succession
  • Authority to sell substituted lands
  • Right of appeal/standing
  • Res judicata / res inter alios acta
  • Prohibition against alienation
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Agency (1890) 17 SCR 235

Davis v. Kerr

The Court held the 1880 tutor’s mortgage void for irregular authorization and lender knowledge, but allowed a personal recovery for benefit proved; later ratification did not cure the defect.

  • Tutor and minor
  • Family council
  • Judicial authorization to borrow
  • Ratification
  • Duress/coercion
  • Hypothecary action
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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.