The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 16 Mar 1901, p. 2

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p |act in this respect not only workable | The P Explained. i'but cause it to give entire satisfaction 103 f HMHon. Nir. Gibson in introducing his 'both to the profession and to the public j biil, the official title of-- which is "An at large. The application may be made f act respecting legal procedure," said to the Judge of the County Court or the he Aid not propose at this stage to Judge of the High Court. make any observations on the subject "The bill proposes . to give to the of so called law reform. He would County Court jurisdiction in the cases state, as briefly as possible, the con-- of quashing by--laws, applications to -- tents or outlines of the bill, the chief quaash by--laws, or orders, or resolutions subjects of vrhich were County Court of municipal councils, within the ter-- Jurisdiction -- and procedure. Con-- ritorial jurisdiction _ of the particular ( tinuing, he said:--'"'In regard to the court. _ So also in the case of convic-- | County Court jurisdiction, in ordinary tions or orders within the territorial 1 actions for diamages the increase is | jurisdiction of the court by Justices of from $200 to $400, and in -- cases of the .Peace. The bill provides that 2 action relating to covenant or con-- motion may be made to the Judges, ¥ j tract, where: the amount is liquidated who shall exercise the same powers as f f or ascertain by the act of the parties, have heretofore been exercised by those j it is doubled to what it was for so of the High Court in the matter of con-- many years. It was $400, afterwards victions and orders, always confining 'we increased it to $600--now it is fur-- the cases to offences against the Pro-- 4 ther increased to $800, and all the way vincial law or matters under legislation through the various subjects of juris-- of the Province. f diction given to the County Court® "As to procedure an effort has been + have been enlarged. In matters of made in dealing with the County Conrts| -- replevin, actions on bail bonds, for the to simplify the prosedure. The writ ;» recovery of lapd, actions for trespass | of summons is abolished and the action §' or injuries to lands, actions relating | will hereafter be commenced by the fil-- 5 to dealings and transactions of part-- | ing of the statement of claim. _ When l nership, jurisdiction is doubled all the | the judicature act-- was introduced in way through. So also with reference | this House in 1881 1 personally urged C to legacies ind actions by legatees that this change in our procedure| y under a will. Then the effect of sub-- should be adopted. I am not sure but | stitcting the clause in my bill, which that Sir Oliver Mowat, then at the head} 3 deals with these matters, for the clause of the Government, shared in that view.| y in the present County Courts act, is to Rut, on the whole, in reference to the | x t:ring under the jurisdiction of the views -- of others, that . was not : -- tounty Courts an important class of done. The institution of the action | actions. will be the filing of the statc-{ngnt of | y 4 claim and the service of a certified copy E New Jurisdiction. | upon the defendant. The statement of\ # '_ "I nmnow refer to actions for: slander, dAefence will follow. . That means that| $ libel And-- criminal conversation or se-- there will be no issuing of a writ of 1 duction.. . Probably that is as import-- | summons and the service of it, then an | aent a feature as is contained;: in the| «ppearance and afterwards the state-- bill, and is one regarding which T have| ment of. claim, followed by the state-- procecded with no slig'it hesitation, be-- ment of defence. When the statement cause a great many actions are brought of defence is filed, and within a certain ds on these causes, libel, slander and se-- number of days. it is obligatory upon f duction, where the matter in dispute the plaintiff to make a motion to the h hetween the parties is one of great im-- Judge for direction. That is for direc-- 6 . pertance. -- Sometimes the importance tion as to the conduct of the case. On of sentiment, the vindication of char-- the return of this motion all matters | acter,'are matters of far more import-- which are now dealt with by interlocu-- ' znce than any damages the party in--| tory motions shall be disposed of. The M stituting the action may have in view.| h.ill provides the form in which the mo-- & 1t will be admitted and cannot be de--| tion shall be made, and in which the nsz nied that in the litigation which takes| order shall be made, so that it will be $ place in our courts a very large num--| perfectly apparent how this provision is ber of cases of this class are of a na-- to be worked out. I think that this iure which would justify their being | order for glving direction as to the ( disposed of by the County Courts. In--| conduct of a case is a change which deed the time of High Court Judges isi everyone will approve of. Nothing has * frequently taken and consumed in deal--| heen f'he subject of. more complaint or inp with cases of this nature. So long | remark than the multiplicity of inter-- 2s I bave been a lawyer and have hadi locutory motions and the appeals from zny experience at the bar it has been| them. _ The members of the profession are desirous always of getting the case gererally admitted that many such at issue to trial. They will feel some ceses might have been dealt with by relief in getting full details, or a plan the inferior courts. In view, however, of campaign of the action from both l ;'rs t'l;lie lmp?rt,gnc? of c::ses of tt}is kind; points of view, which shall be deter-- ew of the importance 0 casoes ' mined by the judge int-- where not damages so much as princl-- mens, * $uC€ at one Appoint ' plc may be at stake, I have introduced | ;,ualifiicauons which will render it easy Block System of Costs. for gither party to have them trans-- t« | i \fetred, if the actions are brought in the The block system of costs as ap--| (County. C C plicable to County Court actions is pro--| nty Court, to the High Court. I posed to be i < 3 'have no doubt that in the. working out | to t o 0e ""('?'\"""d' With reference of. this is hi o the original jurisdiction of County provision the Judges will be Courts a tain t 4 easily able to make that discrimina-- vi certain tariff, according to the \tion between cases which will make the various steps rerched in the processes * of the action and conduct, is laid down I | in the bill. In actions which will oceur |

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