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851.
Parkland (County of) v. Stetar et al. - [1975] 2 SCR 884 - 1974-10-23
Supreme Court JudgmentsTorts
Transportation
The majority in the Appellate Division (Allen and Sinclair JJ.A.) held: (a) that Stetar was 75 per cent at fault and the County of Parkland 25 per cent at fault; (b) that the Stetars and the Woodrows were entitled to recover from the county 25 per cent of any damages awarded to them; (c) as the action of the Poiriers and
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852.
Calgary Power Ltd. v. City of Camrose - [1975] 2 SCR 465 - 1974-10-01
Supreme Court JudgmentsPublic utilities
The issues before the Appellate Division were stated by Allen J.A. as follows: [...] With respect to the first issue stated by Allen J.A., in para. (a), I am in agreement with the reasons of Johnson J.A. and Allen J.A. for holding that the Board properly included the $300, 000 item referred to in that paragraph. [...] Allen J.A. says: Although I can find no express statement in any case to that effect it seems to me that there is a difference in concept of values in such cases.
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853.
Linton Construction Ltd. v. C.N.R. - [1975] 2 SCR 678 - 1974-10-01
Supreme Court JudgmentsTransportation
In the same connection, Mr. Justice Allen observed, in the course of his reasons for judgment (p. 432 of 24 D.L.R. (3d)): [...] For all these reasons, as well as for those set forth in the reasons for judgment of Mr. Justice Allen, I would dismiss this appeal with costs. [...] Allen J.A., in giving reasons for the majority in the Appellate Division, said:
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854.
Canada Labour Relations Board et al. v. C.N.R. - [1975] 1 SCR 786 - 1974-04-01
Supreme Court JudgmentsLabour law
Allen J.A. dissented. Sections 53(g) and 54 of the Industrial Relations and Disputes Investigation Act read as follows:
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855.
Ocean Harvesters Ltd. v. Quinlan Brothers Ltd. - [1975] 1 SCR 684 - 1974-03-17
Supreme Court JudgmentsProperty law
Lynes v. Snaith, [1899] 1 Q.B. 486; Errington v. Errington, [1952] 1 All E.R. 149; Cobb v. Lane, [1952] 1 All E.R. 1199; Gray v. Richford (1878), 2 S.C.R. 431; Smith v. Lloyd (1854), 9 Ex. 562, 156 E.R. 240; Allen v. England (1862), 3 F. & F. 49; Radiach v. Smith (1959), 101 C.L.R. 209; Wills v. Steer (1907), 9 Nfld. [...] The same thought had been expressed a few years earlier by Erle C.J. in Allen v. England[7], in these words:
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856.
Doré v. Attorney General of Canada - [1975] 1 SCR 756 - 1974-02-11
Supreme Court JudgmentsCriminal law
Now, before discussing the case of Allen v. Flood (1898) A.C. 1 and what was decided therein, there are two observations of a general character which I wish to make, and one is to repeat what I have very often said before, that every judgment must be read as applicable to the particular facts proved, or assumed
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857.
SCR | RCS [1974] - 1974-01-01
Canada Supreme Court ReportsAllen v. Hay .. Alliance des Professeurs Catholiques de Montréal v. Labour Rela- tions Board Anticosti Shipping Company v. St-Amand . [...] At the most, I may look to his sources to see if his reliance on them is borne out: see Allen v. Hay 17 , at p. 81. [...] Je peux tout au plus consulter ses sources pour voir s'il les a invoquées à juste titre: Voir Allen c. Hay 17, page 81.
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858.
Workmen’s Compensation Board et al. v. Greer - [1975] 1 SCR 347 - 1973-12-21
Supreme Court JudgmentsAppeal
James Allen Greer (Defendant) Respondent. 1973: November 7, 8; 1973: December 21.
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859.
SCR | RCS [1973] - 1973-05-07
Canada Supreme Court ReportsLe Juge Ritchie 235 [Allen v. Gen. Mgr. C.N. Railways (1924), 57 [Arrêts suivis: Allen c. Gen. Mgr. C.N. Railways N.S.R. 252; Reynolds v. Canadian Pacific Railway (1924), 57 N.S.R. 252; Reynolds c. Canadian Paci-Co. (1926), 59 O.L.R. 396, applied; Commissioner fic Railway Co. (1926), 59 O.L.R. 396. [...] Allen J.A., who delivered the majority deci-sion, said that "the silence of the decree nisi on the subject of maintenance bars further pro-ceedings in this action for that relief". [...] Le Juge d'appel Allen, qui prononca le juge-ment majoritaire, déclare que [TRADUCTION] «le silence du jugement conditionnel sur la question de l'entretien exclut toute procédure ultérieure en l'instance en vue d'une mesure quelconque à cet égard.»
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860.
Zacks v. Zacks - [1973] SCR 891 - 1973-05-07
Supreme Court JudgmentsConstitutional law
Family law
Allen J.A., who delivered the majority decision, said that “the silence of the decree nisi on the subject of maintenance bars further proceedings in this action for that relief”.
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861.
Drew Brown Ltd. v. The ‘Orient Trader’ - [1974] SCR 1286 - 1972-12-22
Supreme Court JudgmentsAction
International law
[Canadian General Electric Co. Ltd. v. Pickford and Black Ltd., [1972] S.C.R. 52 applied; Livesley v. Horst, [1924] S.C.R. 605; Allen v. Hay (1922), 64 S.C.R. 76, Federal Commerce and Navigation Co. Ltd. v. Eisenerz-G.m.b.H. [1974] S.C.R. 1225, referred to] [...] Duff J., as he then was, adopted a similar view in Allen v. Hay[1], at pp. 80-81: [...] At the most, I may look to his sources to see if his reliance on them is borne out: see Allen v. Hay[17], at p. 81.
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862.
Manuge v. Dominion Atlantic Railway Co. - [1973] SCR 232 - 1972-10-18
Supreme Court JudgmentsMotor vehicles
Transportation
[Allen v. Gen. Mgr. C.N. Railways (1924), 57 N.S.R. 252; Reynolds v. Canadian Pacific Railway Co. (1926), 59 O.L.R. 396, applied; Commissioner for Railways v. McDermott, [1967] 1 A.C. 169, distinguished; Canadian Pacific Railway Co. v. Babudro and Sdraulig, [1969] S.C.R. 698; Lake Erie and Detroit River Ry. Co. v. Barclay [...] tion, Mr. Justice Cooper cites the judgment of Mr. Justice Rogers, speaking for the majority of the Supreme Court of Nova Scotia, en banc, in Allen v. General Manager C.N. Railways[3], where he says at pp. 255 and 256:
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863.
SCR | RCS [1972] - 1972-06-29
Canada Supreme Court ReportsI agree with Mr. Justice Allen that on the basis of the authorities cited by him and many other authorities, it is well established that an appellate court is in as good a position as a trial judge to draw the proper inferences from primary facts. [...] For all these reasons, as well as for those so fully set forth in the reasons for judgment of Allen J.A. in the Appellate Division, I would dis-miss this appeal with costs. [...] Pour toutes ces raisons, de même que pour celles exposées longuement dans les motifs du Juge Allen en Chambre d'appel, je rejetterais l'appel avec dépens.
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864.
Dziwenka et al. v. R. et al. - [1972] SCR 419 - 1971-10-05
Supreme Court JudgmentsTorts
In setting aside this judgment, Mr. Justice Allen, whose reasons for judgment were adopted by the other members of the Appellate Division, concluded that the appellant’s “momentary inattention was ‘the sole author of his injury’” and that his action should accordingly be dismissed. [...] I agree with Mr. Justice Allen that on the basis of the authorities cited by him and many other authorities, it is well established that an appellate court is in as good a position as a trial judge to draw the proper inferences from primary facts. [...] For all these reasons, as well as for those so fully set forth in the reasons for judgment of Allen J.A. in the Appellate Division, I would dismiss this appeal with costs.
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865.
SCR | RCS [1971] - 1971-06-28
Canada Supreme Court ReportsOne of the terms of the lease in Bel-Boys Buildings Ltd. v. Clark 5 was in the nature of such a covenant applicable to a guarantor, and the dissenting judgment of Allen J.A. of the Alberta Appellate Division recognized the en-forceability of the guarantee notwithstanding the termination of the obligation to pay rent. [...] Le juge Allen de la Chambre d'appel de l'Alberta a tenu, en dissidence, le cautionnement pour exécutoire malgré l'extinction de l'obligation de payer le loyer. [...] I note that as early as in Allen v. sonnes soient ou ne soient pas en droit des com-
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866.
Avon v. R. - [1971] SCR 650 - 1971-02-01
Supreme Court JudgmentsCriminal law
”. I note that as early as in Allen v. [Page 668] The King[18], Sir Charles Fitzpatrick C.J., in reasons expressly concurred in by Duff J., as he then was, said at pp. 339 and 340:
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867.
Highway Properties Ltd. v. Kelly, Douglas and Co. Ltd. - [1971] SCR 562 - 1971-02-01
Supreme Court JudgmentsLease
# 1403. One of the terms of the lease in Bel-Boys Buildings Ltd. v. Clark[5] was in the nature of such a covenant applicable to a guarantor, and the dissenting judgment of Allen J.A. of the Alberta Appellate Division recognized the enforceability of the guarantee notwithstanding the termination of the obligation to pay
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868.
John v. R. - [1971] SCR 781 - 1970-12-21
Supreme Court JudgmentsCriminal law
The proper application of that paragraph of the Code had been determined in this Court in a series of cases from Allen v. The King[15] to Colpitts v. The Queen[16] and, in the latter decision at p. 755, the words of the judgment in Brooks v. The King[17] are adopted:
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869.
SCR | RCS [1970] - 1970-11-23
Canada Supreme Court ReportsPorter and Allen JJ.A., in separate judgments, held The Treasury Branches Act to be ultra vires. [...] Cependant je ne suis pas de son avis et me range plutôt à celui du Juge d'appel Allen pour ce qui [...] Le jugement unanime de la Chambre d'appel a été rendu par le Juge d'appel Allen.
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870.
Ares v. Venner - [1970] SCR 608 - 1970-04-28
Supreme Court JudgmentsEvidence
Johnson J.A., with whom McDermid and Allen JJ.A. concurred, in dealing with these records said:
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871.
Waisman and Ross et al. v. Crown Trust Company - [1970] SCR 553 - 1970-03-02
Supreme Court JudgmentsPriorities and hypothecs
The unanimous judgment of the Appellate Division was delivered by Allen J.A. The basis of the decision is found in the following passages in his reasons: [...] Allen J.A. relied on the following passage from the unanimous judgment of this Court delivered by my brother Ritchie in Clarkson Co. Ltd. et al. v. Ace Lumber Ltd. et al.[2], at p. 114: [...] It is quite true, as pointed out by Allen J.A., that a firm as such is not a legal entity, but the use of the firm name is a convenient and usual way of describing the individual members who collectively make up the firm, and, in my view, in the circumstances of this case its use was equivalent to naming the partners.
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872.
Breckenridge Speedway Ltd. et al. v. R. - [1970] SCR 175 - 1969-10-21
Supreme Court JudgmentsConstitutional law
For the reasons given by Allen J.A., which were approved by Smith C.J.A., Johnson J.A., and Kane J.A., I would hold that these three transfers were given by way of security. [...] Porter and Allen JJ.A., in separate judgments, held The Treasury Branches Act to be ultra vires. [...] but I differ from him and agree with Allen J.A. as to the three properties transferred as payment
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873.
SCR | RCS [1969] - 1969-06-30
Canada Supreme Court ReportsAllen J.A., dissenting, would have dismissed the appeal. The respondent was tried before Milvain J., as he then was, and a jury.
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874.
The Queen v. Borg - [1969] SCR 551 - 1969-04-29
Supreme Court JudgmentsCriminal law
Allen J.A., dissenting, would have dismissed the appeal. The respondent was tried before Milvain J., as he then was, and a jury.
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875.
SCR | RCS [1968] - 1968-10-21
Canada Supreme Court ReportsTABLE OF CASES CITED TABLE DES CAUSES CITÉES NAME OF CASE INTITULÉ DE LA CAUSE A. v. A. Académie de Musique v. Payment Allen, Betty Loeb, Re Andrie v. Andrie Anthony v. Atty. [...] Solicitors for the appellant: Starr, Allen & Weekes, Toronto. Solicitor for the respondent: D. S. Maxwell, Ottawa. [...] Indeed in the Betty Loeb Allen case a conviction for permitting an illegal game to be played was quashed by the Supreme Court of California for that exact reason.