JUDGMENT

Mears, C.J. - There is no doubt that you and the counsel who have represented the respondent have acted wisely in the course which has been followed. We wish this case to be clearly understood and not to be twisted into something quite different from the reality. It is not a case in which we have asked the respondent to come forward and to justify a pleading which he had a perfect right to make; it is a case of quite a different nature. A client who consults a counsel and who requires a plaint or written statement to be drafted instructs the counsel as to the facts of the desired document. It unfortunately does not always happen that those facts are true, but from the counsel's point of view that is not a material matter, and indeed, if one looks at pleadings in cases generally, it is obvious that a plaint and the written statement cannot both be true because an issue or issues arise out of the denials of the truth of the averments on one side or the other and that enables the case to be fought upon clear lines. A counsel is entitled to accept the instructions of the client subject to this, that, as a matter of prudence and for one's own reputation, it is not well to associ