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2,511 result(s)
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2,026.
Poje v. Attorney General for British Columbia - [1953] 1 SCR 516 - 1953-04-28
Supreme Court JudgmentsCourts
In his judgment in Scott v. Scott[8] , the question in that case being whether the conduct there in question amounted to criminal contempt, if so, there being no right of appeal, Lord Atkinson reiterates that mere disobedience to an order of the court, even though wilful, does not amount to criminal contempt. [...] 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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2,027.
Pew v. Zinck et al - [1953] 1 SCR 285 - 1953-02-23
Supreme Court JudgmentsPriorities and hypothecs
In Adam v. Scott[39], where a sale by a mortgagee under a power of sale contained in the instrument was attacked on the ground that it had been made at an undervalue and that the mortgagor desired to redeem, Wood V.C. said that, assuming the allegations made for the plaintiff were all true, the plaintiff was bound to have [...] Kay J. referred to what had been said by Lord Cottenham in Jones v. Matthie[43] and by Vice-Chancellor Wood in Adams v. Scott[44] and said that if the mortgagee exercised the power of sale bona fide for the purpose of realizing the debt without corruption or collusion with the purchaser, the Court would not interfere even
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2,028.
SCR | RCS [1952] vol 2 - 1952-12-15
Canada Supreme Court Reports2 S.C.R.] SUPREME COURT OF CANADA 299 respondents and C. F. Scott for the appellant McGonegal. [...] Rex v. Kirk (6), Brooks v. Rex (7), Rex v. Scott (8), Markadonis v. Rex (9), Wu v. Rex (10), Rex v. West (11), Rex v. Harms (12) and Rex v. Gouin (13). [...] The Court is asked here by the respondents to go much further than in Scott v. Toronto (5).
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2,029.
Azoulay v. The Queen - [1952] 2 SCR 495 - 1952-11-04
Supreme Court JudgmentsCriminal law
Rex v. Kirk [7], Brooks v. Rex[8], Rex v. Scott[9], Markadonis v. Rex[10], Wu v. Rex[11], Rex v. West[12], Rex v. Harms[13] and Rex v. Gouin [14]
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2,030.
City of Outremont v. Protestant School Trustees of the City of Outremont - [1952] 2 SCR 506 - 1952-10-29
Supreme Court JudgmentsPrerogative writs
The Court is asked here by the respondents to go much further than in Scott v. Toronto 5.
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2,031.
Kloepfer Wholesale Hardware v. Roy - [1952] 2 SCR 465 - 1952-06-30
Supreme Court JudgmentsSale
F.A. Brewin Q.C. and R. Scott for the respondent. The facts of this case make it abundantly clear that the respondent upon the appellant’s announced intention to repudiate the contract, did not elect to treat the contract as at an end, and sue for damages, but did elect to treat the contract as binding and at once invoked
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2,032.
McGonegal et al. v. Gray et al. - [1952] 2 SCR 274 - 1952-06-16
Supreme Court JudgmentsEducation law
respondents and C.F. Scott for the appellant McGonegal. The motion was granted and a re-hearing ordered upon arguments to be submitted in writing.
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2,033.
Smith v. Smith - [1952] 2 SCR 312 - 1952-05-12
Supreme Court JudgmentsFamily law
The evidence must, no doubt, be clear and satisfactory, beyond a mere balance of probabilities, and conclusive in the sense that it will satisfy what Sir William Scott described in Love den v. Loveden[46] as "the guarded discretion of a reasonable and just man," but these desiderata appear to me entirely consistent with the [...] In Williams v. Williams [50], Sir William Scott, after-wards Lord Stowell, said (pp. 299, 300) :-‑ [...] In Loveden v. Loveden [51], referred to in the judgment of Tucker L.J. on the appeal in Ginesi's case and by Lord MacDermott in the case of Preston-Jones, Sir William Scott employed the language so constantly referred to on the subject (pp. 2, 3) :‑
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2,034.
SCR | RCS [1952] vol 1 - 1952-04-22
Canada Supreme Court ReportsR. v. Searle (3) ; R. v. Jones (4) ; R. v. Carmichael (5) ; R. v. Powell (6) ; R. v. Lamoureux (7) ; R. v. Scott (8) ; R. v. Watson (9). [...] Chambers is not open Court: Scott v. Scott (1). It is contempt of Court to publish statements of claims before the case is decided: Chesshire v. Strauss (2) and Bowden v. Russell (3). [...] (Scott v. St. Katherine Docks (1865) 3 H. & C. 596; Ottawa Electric Co. v. Crepin [19311 S:C.R. 407 and Demers v. Demers Q.R. (1931) 37 R. de J. 161 referred to).
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2,035.
Bonnie v. Aero Tool Works Ltd. - [1952] 1 SCR 495 - 1952-02-05
Supreme Court JudgmentsAgency
& Scott (Southgate) Ltd. v. Oxlade[14]; Bennett, Walden & Co. v. Wood[15]; Spottiswoode v. Doreen Appliances Ltd.[16]; McLean v. Ellio[17]; Chambers v. Smart[18]; Gladstone v. Catena[19].
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2,036.
Parent v. Lapointe - [1952] 1 SCR 376 - 1952-02-05
Supreme Court JudgmentsMotor vehicles
(Scott v. St. Katherine Docks (1865) 3 H. & C. 596; Ottawa Electric Co. v. Crepin [1931] S.C.R. 407 and Demers v. Demers Q.R. (1931) 37 R. de J. 161 referred to). [...] The rule res ipsa loquitur is applicable to this case (Scott v. London & St. Katherine Docks 11, Winnipeg Electric Co. v. Geel 12 and Gauthier v. The King 13). [...] Dans Scott v. London & St. Catherine Docks Co. 21, décision acceptée par la Cour Supreme, Ottawa Electric v. Crépin 22, il est dit ce qui suit:
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2,037.
Douglas v. Tucker - [1952] 1 SCR 275 - 1951-12-17
Supreme Court JudgmentsTorts
Chambers is not open Court: Scott v. Scott 12. It is contempt of Court to publish statements of claims before the case is decided: Chesshire v. Strauss 13 and Bowden v. Russell 14.
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2,038.
Wilder v. Minister of National Revenue - [1952] 1 SCR 123 - 1951-12-03
Supreme Court JudgmentsTaxation
Scott L.J. in coming to the conclusion that the annual payments of £250 were capital payments, was influenced by the fact that, in his view, the two annual payments of £1,000 were clearly capital, and it was to be assumed that the payments of £250, being contained in the same clause, were also capital payments in the [...] The circumstance to which Scott L.J. [Page 143] attached importance in Brown’s case is not present in the case at bar which, for the reasons given, is, in my opinion, quite distinguishable from that case.
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2,039.
SCR | RCS [1951] - 1951-10-22
Canada Supreme Court ReportsMo v o . m i W. B. Scott K.C. and P. M. Laing for the appellant. Rinfret C.J. F. P. Brais K.C. and A. J. Campbell K.C. for the respondent. [...] Solicitors for the appellant: Scott, Hugessen, Macklaier, Chisholm, Smith & Davis. [...] Cette cause a été subsé-quemment commentée par le Conseil Privé dans la cause de Watt v. Scott et la Cité de Montréal (6).
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2,040.
Clay v. The King - [1952] 1 SCR 170 - 1951-10-12
Supreme Court JudgmentsCriminal law
R. v. Searle[3]; R. v. Jones[4]; R. v. Carmichael[5]; R. v. Powell[6]; R. v. Lamoureux[7]; R. v. Scott[8]; R. v. Watson[9].
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2,041.
Welstead v. Brown - [1952] 1 SCR 3 - 1951-10-02
Supreme Court JudgmentsEvidence
In the same case Lord MacDermott states: “The evidence must no doubt be fair and satisfy beyond a mere balance of probabilities, and conclusive in the sense that it will satisfy what Lord Stowell, when Sir William Scott, described in Loveden v. Loveden[23], as “the guarded discretion of a reasonable and just man.”
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2,042.
Alain v. Hardy - [1951] SCR 540 - 1951-04-13
Supreme Court JudgmentsMotor vehicles
Held further, that following the principle enunciated in City of Montreal v. Watt and Scott, the father did not have to establish that it was physically impossible for him to prevent the damage (i.e., force majeure), but that he was unable to prevent it by reasonable means (i.e., that there was absence of fault on his [...] Cette cause a été subséquemment commentée par le Conseil Privé dans la cause de Watt v. Scott et la Cité de Montréal 10. [...] Dans Watt v. Scott et la Cité de Montréal 16, après avoir réaffirmé le principe que le paragraphe 6 de 1054 s'applique à tous les paragraphes de cet article, sauf au dernier relatif aux maîtres et serviteurs, Lord Dunedin s'exprimait ainsi:
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2,043.
Eaton v. Moore - [1951] SCR 470 - 1951-02-26
Supreme Court JudgmentsTorts
W. B. Scott K.C. and P. M. Laing for the appellant. F. P. Brais K.C. and A. J. Campbell K.C. for the respondent. [...] Solicitors for the appellant: Scott, Hugessen, Macklaier, Chisholm, Smith & Davis.
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2,044.
C.P.R. v. A.G. for Saskatchewan - [1951] SCR 190 - 1950-11-20
Supreme Court JudgmentsConstitutional law
and of the Province of Saskatchewan apparently considered that the exemption was of both the main line and the branch lines constructed under clause 14 and made no attempt to impose or authorize the imposition of taxation and that the late Sir Frederick Haultain and the late Mr. Walter Scott were of that opinion.
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2,045.
SCR | RCS [1950] - 1950-10-03
Canada Supreme Court ReportsCORPORATION E. G. Gowling K.C. and Cuthbert Scott and J. C. Osborne for the respondent. [...] Solicitors for the respondent: Ewart, Scott, Kelley and Howard. 54260-3i [...] Speaking for the Judicial Committee, he held that the Scott Act was a permanent law and not a law, the validity of which was justified by an emergency., It is not the existence of abnormal and transitory conditions that justified its validity.
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2,046.
The King v. Canada SS. Lines - [1950] SCR 532 - 1950-06-23
Supreme Court JudgmentsState
In Beaumont-Thomas v. Blue Star Line Ltd. 29, where a passenger who had been injured by falling upon the deck of a vessel claimed damages for negligence and where by the terms of the ticket sold the passengers took upon themselves "all risks whatsoever of the passage," Scott, L.J. in allowing an appeal from a judgment of
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2,047.
Reference re Wartime Leasehold Regulations - [1950] SCR 124 - 1950-03-01
Supreme Court JudgmentsConstitutional law
Speaking for the Judicial Committee, he held that the Scott Act was a permanent law and not a law, the validity of which was justified by an emergency.
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2,048.
Minister of National Revenue v. McCool - [1950] SCR 80 - 1949-12-05
Supreme Court JudgmentsTaxation
Solicitors for the respondent: Ewart, Scott, Kelley and Howard. 1 [1948] Ex. C.R. 548.
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2,049.
Noranda Mines v. Minerals Separation Corp. - [1950] SCR 36 - 1949-12-05
Supreme Court JudgmentsIntellectual property
E. G. Gowling K.C. and Cuthbert Scott and J. C. Osborne for the respondent. [...] Solicitors for the respondent: Ewart, Scott, Kelley and Howard. 1 [1947] Ex. C.R. 306.
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2,050.
SCR | RCS [1949] - 1949-10-31
Canada Supreme Court ReportsUpon appeal before Lord Justice Scott, Lord Justice Tucker and Lord Justice 'Cohen (2), the judgment of Mr. Justice Atkinson was upheld. [...] In the view of Scott L.J., at p. 111, the legislation, had it been proved, was to be regarded as penal and non-enforceable. [...] In civil matters the true principle has been stated in Scott v. Fernie and Spencer v. Field.