Preußisches Landbuch

Responsible government in the Dominions (Vol. 2)

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Monograph

Identifikator:: 834285843

URN:: urn:nbn:de:zbw-retromon-29464

Document type:: Monograph

Author:: Rauer, Karl Friedrich http://d-nb.info/gnd/12122385X

Title:: Preußisches Landbuch

Place of publication:: Kiel

Scope:: 1 Online-Ressource (IV, 805 S.)

Collection:: Economics Books

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105 CHAP. 1] THE DOMINION OF CANADA (q) The Powers of Companies With trade and commerce is bound up the very difficult question of the provincial and Dominion powers as to the Incorporation and regulation of companies.! The position of a company incorporated under provincial law was fully considered in the Canadian Pacific Railway Company v. Ottawa Fire Insurance Co? The issue there Was whether the defendant company was empowered to insure Property outside Canada, viz. in Maine, by the law of which State a company is given an insurable interest in property along its line of route, so as to enable it to insure itself for liability for injury to such property. It was contended that the contract was utterly null and void, and as the question Involved was one of principle, the Court had it fully argued by the Attorneys-General of the Dominion and of the Pro- Vinces. Finally three judges (Idington, Maclennan, and Duff) held that the company could insure property outside Canada. Idington J. insisted that the power rested on international comity alone : the province could limit the powers of a cor- Poration, and forbid it contracting outside ; but the province, if 1t merely incorporated, left its position outside to be deter- Mined by comity, and he could see no difference between the Dominion and the provinces in this regard. The other two Judges expressed somewhat similar views. The Chief Justice held otherwise ; he held, as Ministers of Justice had done? that extra-provincial insurance was not within the company’s Power, and added that the Dominion Act 4 which affected to allow provincial companies to do extra-provincial business Was ultra wires: the Parliament must create for this end & new corporation by itself. Davies J. held that provincial ’ must be read in a territorial sense, not generally as matters referring to the province, and that the legislation was ultra * For the older cases, see Lefroy, op. cit., pp. 617-44 * (1907) 39 8. C. R. 405. J Provincial Legislation, 1867-95, p. 261 (Mr. Blake) ; 1896-8, pp. 17, 33 (Bir O. Mowat); see also 1867-95, pp. 142, 492, 635, 811, 1052, 1162, 1182; 1904-6, pp. 32 seq., 57-60. 72, 107-9, 115, 166, 176; Lefroy, op. cit. Pp. 638, 639. ¢ Rewised Statutes, 1906. c. 34,8. 4. 12799

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