How have the Supreme Court of Canada treated an annuity in the context of the ratio decidendi?
Saskatchewan, Canada
The following excerpt is from Jensen v. Wutzky, 1946 CanLII 210 (SK CA):
It is, however, argued by learned counsel for the appellant that the decisions have crystallized the law so as to be applicable to all annuities, irrespective of the ratio decidendi. With this submission I cannot agree. “ * * * every judgment must be read as applicable to the particular facts proved or assumed to be proved, since the generality of the expressions which may be found there are not intended to be expositions of the whole law, but are governed and qualified by the particular facts of the case in which such expressions are used:” Quinn v. Leathern [1901] A.C. 495, 70 L.J.P.C. 76, at 81.
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