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2,511 result(s)
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2,001.
Francis v. The Queen - [1956] SCR 618 - 1956-06-11
Supreme Court JudgmentsState
A peace treaty in its primary and legitimate meaning is a treaty concluding a war, "an agreement"—in the words of Sir William Scott in the Eliza Ann and others 7—"to waive all discussion concerning the respective rights to the parties and to bury in oblivion all the original causes of the war."
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2,002.
Lamarre v. Perrault - [1956] SCR 534 - 1956-04-24
Supreme Court JudgmentsBankruptcy and insolvency
The appeal was heard by Chief Justice Scott, sitting as Judge in Bankruptcy, and in the result he taxed the bill at $8,000, of which he held the claimant was entitled to be paid $1,875 by preference.
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2,003.
The Queen v. Suchard - [1956] SCR 425 - 1956-03-28
Supreme Court JudgmentsCriminal law
The charges were tried in Magistrate’s Court and were dismissed against Scott and Hickey, no evidence being offered as against the latter. [...] In the upshot, following a telephone call made by Scott, the four drove to a parking lot, where Jones handed the rings to Scott for the purpose of showing them presumably to the person to whom he had spoken. [...] The party got back into the car and started back for the hotel, Scott giving the rings back to Jones.
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2,004.
English and Laing v. Richmond et al. - [1956] SCR 383 - 1956-03-02
Supreme Court JudgmentsMotor vehicles
Furthermore, since the trial had proceeded on the footing that there was no objection by counsel for the appellants to what had been done, it was too late thereafter to raise the objection that the order dispensing with the jury had been improperly made (Scott v. Fernie Lumber Co. (1904) 11 B.C.R. 91 at 96 referred to). [...] In Scott v. Fernie Lumber Company[9], Duff J. (as he then was) delivering the judgment of the full Court of British Columbia, referred to:— [...] I wish to make it clear that I do not question the accuracy of the rule quoted by my brother Locke from the judgment in Scott v. Fernie Lumber Company[12], but only its application to the facts of the case before us.
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2,005.
A.G. for Ontario v. Scott - [1956] SCR 137 - 1955-12-22
Supreme Court JudgmentsConstitutional law
A.G. for Ontario v. Scott, [1956] SCR 137 Supreme Court of Canada A.G. for Ontario v. Scott, [1956] S.C.R. 137 [...] John Lewis Scott (Defendant) Respondent; and The Attorney General for Canada Intervenant. [...] Evidence given before the magistrate by Mrs. Scott showed that she had married John Lewis Scott in Scotland, that thereafter, following the birth of two children, they had come to Canada and lived here until December 1949 when after entering into a separation agreement she had returned to England, and, further, that Scott
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2,006.
SCR | RCS [1955] - 1955-11-15
Canada Supreme Court ReportsScott v. Fernie Lumber Co. 11 B.C.R. 91 at 96 approved in Spencer v. Field [1939] S.C.R. 36 at 42. [...] Scott v. Fernie Lumber Co. 11 B.C.R. 91 at 96 approved in Spencer v. Field [1939] S.C.R. 36 at 42. [...] Scott v. Fernie Lumber Co. 11 B.C.R. 91 at 96 approved in Spencer v. Field [1939] S.C.R. 36 at 42.
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2,007.
Dawson v. Helicopter Exploration - [1955] SCR 868 - 1955-10-18
Supreme Court JudgmentsContract
The expression "instinct with an obligation" first used by Scott J. in McCall v. Wright [2], is employed by Cardozo J. in Wood v. Lady Duff Gordon [3], in the following passage:—
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2,008.
British Columbia Electric Railway Co. v. Farrer - [1955] SCR 757 - 1955-10-03
Supreme Court JudgmentsTorts
In Sparks v. Edward Ash, Ltd. [8], Scott L.J. stated: So, on the pedestrian crossing, I think the duty of the pedestrian is intended to be less onerous than if he were crossing the road anywhere outside the crossing. [...] In Chisholm v. London Passenger Transport Board [10], Scott L.J. stated: [...] However that may be, Lord Justice Scott in Chisholm v. London Passenger Transport Board, supra, stated, in respect of a pedestrian embarking upon the pedestrian crossing in accord with the lights, that "His duty at that stage is left to the common law."
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2,009.
Canada Egg Products Ltd. v. Canadian Doughnut Co. Ltd. - [1955] SCR 398 - 1955-04-26
Supreme Court JudgmentsContract
Hochster v. De la Tour 6; Johnstone v. Milling 7; Dalrymple v. Scott 8 ; Principles of Rescission of Contracts, Morison, c. 4.
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2,010.
United States of America v. Link and Green - [1955] SCR 183 - 1955-03-07
Supreme Court JudgmentsAppeal
This was an application under s. 41 of the Supreme Court Act, R.S.C. 1952, c. 259, for leave to appeal from the refusal of Chief Justice Scott, of the Superior Court of the Province of Quebec, to issue a warrant for the committal of the respondents under s. 18 of the Extradition Act, R.S.C. 1952, c. 322. [...] Without calling on Counsel for the respondents the Chief Justice announced that the Members of the Court were unanimously of the opinion that there was no jurisdiction, as the refusal of Chief Justice Scott was not a judgment, as defined by s. 2(d), within the meaning of s. 41 of the Supreme Court Act.
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2,011.
Boykowych and Gadziala v. Boykowych - [1955] SCR 151 - 1955-01-25
Supreme Court JudgmentsFamily law
Scott v. Fernie Lumber Co. 11 B.C.R. 91 at 96 approved in Spencer v. Field [1939] S.C.R. 36 at 42. [...] I think the principle to be applied is that referred to by Duff J. (as he then was) in Scott v. Fernie Lumber Co.[16] at p. 96 where, referring to the long standing rule
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2,012.
Royal Trust Co. and McMurray v. Crawford et al - [1955] SCR 184 - 1955-01-25
Supreme Court JudgmentsEstates
features exemplified in Howe v. Earl of Dartmouth [6]; Dimes v. Scott [7]; In re Chaytor [8] and Re Parry [9]. [...] should enjoy the income of his unconverted residuary personal estate in specie to exclude the operation of the rules of equitable apportionment which are commonly referred to collectively as the rule in Howe v. Lord Dartmouth [16], and of which that case and the case of Dimes v. Scott [17], furnish familiar illustrations.
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2,013.
SCR | RCS [1954] - 1954-11-18
Canada Supreme Court ReportsDr. A. C. Scott, Victoria. Miss Margaret Martin, Librarian, Medical Centre Library. [...] While I respectfully agree with the result arrived at in Scott v. Pattison I do not think it is accurate to say that there was an implied promise. [...] (City of Mont-had not been alleged nor established that real v. Watt and Scott [1922] 2 A.C. 555 the municipality authorized their actions applied).
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2,014.
Ottawa (City) v. Munroe - [1954] SCR 756 - 1954-11-01
Supreme Court JudgmentsTorts
While there may be much to be said for the view expressed by Scott L.J. in Haseldine v. C.A. Daw and Son Ltd.[11], to the effect that the expression of the majority in the Fairman case was but a dictum, and that the relationship in such circumstances should be that of invitee and invitor, it is unnecessary, in the present
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2,015.
Arnott v. College of Physicians - [1954] SCR 538 - 1954-10-05
Supreme Court JudgmentsTorts
Dr. A. C. Scott, Victoria. Miss Margaret Martin, Librarian, Medical Centre Library. [...] Of those named, Dr. W. H. Setka, Dr. C. H. Stapleford, Dr. G. P. Peterson, Dr. D. P. Miller, Dr. F. D. Mott, Dr. C T. Wolan and Dr. A. C. Scott, are all members of the respondent College.
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2,016.
Burrard Drydock Co. Ltd. v. Canadian Union Line Ltd. and Union Steamship Co. Of New Zealand Ltd. - [1954] SCR 307 - 1954-06-21
Supreme Court JudgmentsTorts
Furthermore, there was no duty owing by the respondents or its agents to the appellant to inspect: Mowbray v. Merryweather[3], a decision of the Court of Appeal which was followed in Vogan v. Oulton[4], and which was also followed by a trial judge in Scott v. Foley[5].
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2,017.
Deglman v. Guaranty Trust Co. of Canada and Constantineau - [1954] SCR 725 - 1954-06-21
Supreme Court JudgmentsContract
In Scott v. Pattison[10] the plaintiff served the defendant under a contract for service not to be performed within one year which was held not to be enforceable by reason of the Statute of Frauds. [...] While I respectfully agree with the result arrived at in Scott v. Pattison I do not think it is accurate to say that there was an implied promise.
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2,018.
Hager v. United Sheet Metal Ltd. - [1954] SCR 384 - 1954-05-19
Supreme Court JudgmentsProperty law
Solicitors for the respondents: Scott & Gregg. 1 (1953) 9 W.W.R. (N.S.) 481; [1953] 4.
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2,019.
City of Montreal v. Salaison Maisonneuve Ltée - [1954] SCR 117 - 1954-04-01
Supreme Court JudgmentsMunicipal law
The words “unable to prevent the damage complained of” in the Article mean “unable by reasonable means”; per Lord Dunedin, in Montreal v. Watt and Scott 6. [...] On this aspect of the case the facts are different from those in Watt and Scott’s case in which, moreover, certain by-laws of the city were put in evidence. [...] Comme la grande majorité des Juges des Cours inférieures, il m’est impossible de distinguer cette cause de celle de City of Montreal v. Watt and Scott, Limited.
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2,020.
Trans-Canada Forest Products v. Heaps, Waterous Limited and Lipsett Engine & Mfg. Co. - [1954] SCR 240 - 1954-01-04
Supreme Court JudgmentsTorts
absence of explanation by the defendant, that the accident arose from want of care.' Scott v. London & St. Katherine Docks Co., (1865) 3 H. & C. 596.
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2,021.
The Queen v. Mackay - [1954] SCR 3 - 1953-12-18
Supreme Court JudgmentsCriminal law
C.F. Scott for the respondent. KERWIN J.: (dissenting in part):—After a joint trial with a jury, the respondent McKay, and Wood and Quinlan were convicted of having unlawfully assaulted a person with intent to rob.
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2,022.
SCR | RCS [1953] vol 2 - 1953-11-25
Canada Supreme Court ReportsM. M. Grosman, Q.C. and C. F. Scott for appellant. A. S. Gregory for the respondents.
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2,023.
Rathie v. Montreal Trust Co. - [1953] 2 SCR 204 - 1953-10-06
Supreme Court JudgmentsCommercial law
M. M. Grosman, Q.C. and C. F. Scott for appellant. A. S. Gregory for the respondents.
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2,024.
SCR | RCS [1953] vol 1 - 1953-05-22
Canada Supreme Court Reports(1902) 33 Can. S.C.R. 23 Savill v. Bethell Sayers v. The King Scarf v. Jardine Scarisbrick Scotia, The Scott v. Scott Seaward v. Paterson Sewell v. B.C. Towing & Transportation Co...(1883) 9 Can. S.C.R. 527 Seymour v. Reed Sharp v. Lush. [...] F. A. Brewin Q.C. and R. Scott for the appellants. A. W. Embury for the respondent. [...] It should be said that the conduct in question in Scott v. Scott involved nothing in the nature of a "public" injury if it could be considered to be contempt at all.
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2,025.
Grandel v. Mason - [1953] 1 SCR 459 - 1953-04-28
Supreme Court JudgmentsMunicipal law
F. A. Brewin Q.C. and R. Scott for the appellants. A. W. Embury for the respondent. [...] In the Court of Appeal, Sir Wilfrid Greene M.R., with whom Romer L.J. and Scott L.J. agreed, stated at p. 6: