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Prof. Sewrattan – November 20 – Gardiner, 1982 SCC
Dissenting Reasons of Laskin C.J. and Estey and McIntyre JJ.
The judgment of Martland, Ritchie, Dickson and Chouinard JJ – (0:34:20)
Preamble – (0:34:28)
One: How the case arose – (0:35:35)
Two: The jurisdictional point – (0:38:34)
Three: The Burden of Proof – (1:09:02)
A: Introduction – (1:09:04)
B: The Authorities relied upon in Cieslak and in Gardiner – (1:11:31)
(e) Law and Deed, 1970 SCSA, another decision of the South Australian courts, judgment being delivered by Bray CJ-. The following passage appears of the report: – (1:14:25)
C: Other Canadian Cases – (1:17:05)
D: English and Other Cases – (1:19:09)
E: American Authorities – (1:21:36)
F: The Principles – (1:23:37)
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By dictaDissenting Reasons of Laskin C.J. and Estey and McIntyre JJ.
The judgment of Martland, Ritchie, Dickson and Chouinard JJ – (0:34:20)
Preamble – (0:34:28)
One: How the case arose – (0:35:35)
Two: The jurisdictional point – (0:38:34)
Three: The Burden of Proof – (1:09:02)
A: Introduction – (1:09:04)
B: The Authorities relied upon in Cieslak and in Gardiner – (1:11:31)
(e) Law and Deed, 1970 SCSA, another decision of the South Australian courts, judgment being delivered by Bray CJ-. The following passage appears of the report: – (1:14:25)
C: Other Canadian Cases – (1:17:05)
D: English and Other Cases – (1:19:09)
E: American Authorities – (1:21:36)
F: The Principles – (1:23:37)