Ontario Reports Volume 20

Ontario Reports Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ... v. Taylor, 1893 2 Q.B. 193, and Tanner v. Weiland (1900), 19 P.R. 149, followed. Held, also, that, on the facts of this case, the Master's discretion was properly exercised in making an order for increased security; and that, under Con. Rule 1208, there was power to make the additional security applicable to past as well as future costs. Held, also, that the order should not contain a stay of proceedings, that being provided for by Con. Rule 1204. Order of the Master in Chambers varied. ent given dismissing it, and the MOTION by the defendants the Otisse Mining Co. for an order for increased security for costs. January 21. The motion was heard by the Master in Chambers. F. Arnoldi, K.C., for the applicants. R. F. Segsworth and Eric N. Armour, for the other defendants. T. P. Galt, K.C., and Gmyson Smith, for the plaintiff. January 25. Tm: llASTER IN CHAMBERSI--SlI1C6 the order made in this case on the 22nd April, 1909, and reported in 13 O.W.R. 997, the action has been tried and judgment given dismissing it with costs. The plaintiff has appealed to a Divisional Court, and the motion has been set down and is ready for hearing. It is not denied that the costs to date are in excess of the amount of $1,000 by a considerable sum. This I have directed to be ascertained by taxation. But it was strongly contended that there was no power now to order any additional security, or that, at least, it was not competent for the Master in Chambers to make such order. And further, that, even if he could make the order, he could not impose a stay until his order was complied with. With the first of these grounds it is not necessary to deal at length. No authority was cited for it, and as an abstract proposition it seems to conflict with the opinion of...show more

Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236918908
  • 9781236918901