What is the test for success on the first branch of the appeal?

Saskatchewan, Canada


The following excerpt is from Bratt's Lake R.M. v. Hudson's Bay Co, 1918 CanLII 202 (SK CA):

HAULTAIN, C.J.S.—The first branch of this appeal turns on the questions raised in the case of Rural Municipality of Snipe Lake No. 259 v. Martin (infra, p, 251). For the reasons stated in my judgment in that case the appellant must fail on this branch of its appeal.

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