River wear commissioners v adamson. 1957 CanLII 53 (SCC) 2022-10-29
River wear commissioners v adamson
The case of River Wear Commissioners v Adamson is a legal decision that was handed down by the House of Lords in 1877. At the heart of this case was a dispute over the use of the River Wear, a river in the North East of England that flows through the city of Durham.
The River Wear Commissioners were a statutory body that was responsible for the management and maintenance of the river, and they sought to impose a toll on all boats that used the river. Adamson, a boat owner, argued that the toll was unlawful and challenged it in court.
The case ultimately made its way to the House of Lords, where the judges were asked to determine whether the River Wear Commissioners had the legal authority to impose the toll.
The judges ruled in favor of Adamson, finding that the Commissioners did not have the legal authority to impose the toll. They based their decision on the fact that the river was not a "navigable river," as defined by the law at the time. This meant that the Commissioners did not have the power to regulate the use of the river or charge a toll for its use.
The decision in River Wear Commissioners v Adamson had significant implications for the management and regulation of rivers in the UK. It established that only "navigable rivers" could be regulated by statutory bodies, and that boat owners were not required to pay tolls on such rivers.
The case also serves as an important example of the role that the courts can play in interpreting and enforcing the law. In this case, the judges were called upon to determine the meaning and scope of a particular legal provision, and their decision had a significant impact on the rights and obligations of those who used the River Wear.
Overall, the case of River Wear Commissioners v Adamson remains an important legal precedent in the UK, and its impact is still felt today in the way that rivers are regulated and managed in the country.
1957 CanLII 53 (SCC)
The definition is qualified. Cited — The defendants appealed their convictions for being members of proscribed organisations. . And all the provisions of this Act, with respect to the making, revision and completion of any such assessment or apportionment, and to all matters incidental thereto, shall apply to such assessment or apportionment ; provided always that proceedings for the making of any new roll of assessment or apportionment shall be commenced within six months from the date of annulment of the previous roll. Justice Potter in connection with applications under various Companies Acts where the enquiries were as to "capital which is lost", but I am of opinion that, upon a fair reading of all the relevant provisions, the capital losses to the extent mentioned were sustained by the respondent in the years before the 1950 taxation year. And no plea of lis pendens could have prevailed against it.
Public Law Cases
In The Queen v. We cannot add to it or mend it, and by construction fill up gaps and make up its deficiencies, however apparent they may be, and nowhere in its various clauses is there the least indication that the law-giver intended to suspend the appellants' right to take proceedings for the recovery of any assessment for six months, or till after the determination of a contestation of the whole roll. Bond and Lacoste for the respondents. If thE judgment of the court below is right, the only effect of it is to shift upon the owner the onus of proving the " act of God," or of disproving negligence. The Order was unlawful ab initio and had to be quashed. The Chief Justice:—This is an appeal by the Minister of National Revenue from a judgment of the Exchequer Court 1 affirming a decision of the Income Tax Appeal Board. The respondent, having elected under 95a of the Income Tax Act, 1948, as enacted in 1950, proceeded to compute its undistributed income in accordance with 73a 1 a.
Discussion on Parol Evidence Rule
The action was brought to recover the damage so caused under sect. It is " unless the context otherwise requires. The view that hunting was morally repulsive had nothing to do with such questions. Justice Ouimet, also dissenting, was of opinion that a special assessment for street improvements is not a tax or assessment within the meaning of section 120 of the charter. And, as the prescription against them began to run concurrently with their right to take such proceedings, and as they did not take any until over three years after, they are out of court. As is frequently the case, the language of the provisions has, in the course of the years, been modified in the light of experience, and as if appears in Montgomery's Federal Taxes on Corporations, 1945-46, vol. R v SoS Home Department ex parte Simms 200 - Lord Hoffmann observed that parliament could, if it wished, enact laws which undermine fundamental rights, but the language of the legislation must be completely clear: "Fundamental rights cannot be overridden by general or ambiguous words.
Two Statutory Strict Liabilities on JSTOR
In the Court's opinion, there was no greater 'pressing social need' justifying the prevention of the newspaper's publication of the story. In this case, the privy council reaffirmed and elaborated on this principle "if it is manifest from the very terms of the statute that it was the intention of legislature that the Crown should be bound, then the result is the same as if the Crown had been expressly named'. It led to a number of suspected int. It is usually that a party make some promises in order to attract the other party agrees before making a commitment, but the promises are not recorded in the contract documents, the law would put the contract is outside commitments as a collateral contract. Purchas LJ took the view that a prerogative power may still apply if it is directed to the benefit or protection of the individual -- as opposed to restricting the rights of the individual as could be argued was the case in De Keyser or Fire brigades and if the statute does not unequivocally deprive individuals of that benefit or protection.
River Wear Commissioners v Adamson: HL 1877
Il n'y a là mandat ni exprès, ni tacite, et la contestation faite par Joseph n'intéressait au procès que lui seul, sans pouvoir en aucune manière lier les autres contribuables. But the important aspect of the case was the court's acknowledgement that this was a matter that was suitable for Judicial Review. It is true that, if the Guy estate succeeds, a new roll may become necessary as to all the proprietors, the respondents included ; but this does not mean that they are parties to that case, and that the assessment is not payable as to all who did not contest, or at least those who having contested have been put out of court. Hence the necessity of any number of actions or seizures, 100 or 200, or more—at least as many as there are ratepayers assessed—which would be perfectly useless if the roll be annulled. Lord Hodge gave a concurring judgment.
A traditional approach?
War Crimes Act 1991: Empowered the UK courts to punish war crimes committed by persons who were not subject to British jurisdiction at the time when the crimes were committed, namely during WW2. Owners of steamship Mostyn ante, p. APPEAL from the judgment of the Exchequer Court of Canada 1, affirming a decision of the Income Tax Appeal Board, which set aside a notice of assessment by the appellant. Under this rule the literal meaning of the word must be followed regardless that it may cause an absurd result which the Parliament did not mean, as it is for the courts just to apply to law. Whether this could in any case be made to appear I do not stop to inquire, as, in the case at bar, the evidence as to the nature of the assets in respect of which it is alleged by the appellant that a capital gain has been made shows that it is possible, and indeed probable, that their value will fluctuate so long as they are retained. .
382. River Wear Commissioners v Adamson & others (the “Natalian”) (1876) 1 Q.B.D. 546; 2 App Cas 743
Justice Bossé for the majority said : Que dans les cas ordinaires, la prescription ait été acquise, ne peut souffrir de doute. The courts will of course decline to hold that parliament has interfered with fundamental rights unless it has made its intentions crystal clear. The judgement established the fundamental constitutional rule that the state cannot exercise power unless that power is expressly authorised by law. The FCO failed in its attempts to argue that this was 'non-justiciable' because the power to grant passports fell under the broad umbrella of the prerogative relating to diplomatic relations. The crew were saved by the rocket apparatus, and when the tide rose the storm drove the ship against the appellants' pier, doing great damage to it.
Golden rule of statutory interpretation
Need for local knowledge— Only way to make effective bye-laws is to have knowledge of the locality. Good example of such is the assemblies of Wales, Scotland and Northern Ireland which have powers to make delegated legislation Flexibility— In contrast to statutes, delegated legislation may be put into action quickly as well as be revoked if proved problematic Future needs— Parliament is not capable to foresee possible problems arising from statutes and therefore delegated legislation is needed to remedy such issues Limits on Delegated Legislation Control of delegated legislation is subject to range of controls in order to safeguard against possible abuse of the powers given to the non elected representatives: Consultation— experts are often consulted in drafting delegated Legislation and the relevant statute may state that consultation is obligatory as well as identifying the authorities that should be consulted Publication— all delegated legislation is published and available for scrutiny Supervision by Parliament— the Parliament may supervise delegated legislation in a number of ways such as revocation, affirmative resolution procedure, negative resolution procedure, committee supervision, questions from MPs and by the House of Lords Control by the Courts— Judicial Review. C is one served on the person whose prescription it is sought to hinder, not upon the person whose claim may be prescribed. Wilson 1989 9 Cl. They would be so without any such provision. What valid reason can be advanced to force the city to take hundreds of cases ruinous to all? But the statute is silent as to the effect upon prescription of a judgment dismissing the contestation.
1904 CanLII 52 (SCC)
The objection that the evidence was irrelevant cannot be supported, in view of the course of the proceedings. Cited — The insured had failed to disclose an earlier drink driving conviction on applying for insurance over five years later. That the investment in the shares of this company was a capital investment on the part of the taxpayer was not questioned. When any roll of assessment or apportionment made by commissioners to defray, in whole or in part, the cost of any improvement under the provisions of this Act, is annulled by competent authority, the city may cause a new roll of assessment or apportionment to be made by commissioners appointed and acting as hereinbefore provided with regard to commissioners for expropriation. At the top of the scale of executive functions under the prerogative are matters of high policy, of which examples were given by their Lordships, making treaties, making war, dissolving parliament,. That state of things is realized upon a sale; it can also be said to be realized in the case of stock in a company which is hopelessly insolvent and has ceased business.