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2,369 result(s)
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676.
Boyer v. The King - [1949] SCR 89 - 1948-12-17
Supreme Court JudgmentsCriminal law
In 1893 in Williams v. Irvine 4, the decision of the Court was that a new right of appeal did not extend to cases standing for judgment in the Superior Court prior to the passing of the Act. Fournier J. expressed the view that [...] The judgment of the Court was delivered by Taschereau J. who referred to Hurtubise v. Desmarteau, Couture v. Bouchard and Williams v. Irvine supra; and to Cowen v. Evans 7, Mills v. Limoges 8 and The Montreal Street Railway v. Carrière 9, where a footnote at that page states that an appeal in an action for $5,000 damages
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677.
Ponyicki v. Sawayama - [1943] SCR 197 - 1943-04-02
Supreme Court JudgmentsTorts
While the evidence is meagre, it justifies a conclusion that Anna Ponyicki could be so described, and by her death the husband sustained "a substantial injury and one for which it was the intention of the legislature to indemnify the husband" (per Sir William Ritchie, C.J., in the Lett case, at 433) [15]. [...] The gain in money to the husband under that Act accrued to him by reason of the death of his wife although one-half came from another source, and the total should therefore be deducted from the award under the Families' Compensation Act. In the Davies case (1), Mrs. Williams, one of the appellants, took all the damages
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678.
Davis v. Auld et al. - [1938] SCR 304 - 1938-04-26
Supreme Court JudgmentsEstates
Williams on Executors, page 272:— With respect to an administrator, the general rule is, that a party entitled to administration can do nothing as administrator before letters of administration are granted to him; inasmuch as he derives his authority entirely from the appointment of the Court. [...] In Williams on Executors, at page 275, it is stated: — Though a next of kin may have intermeddled with the effects, and made himself liable as executor de son tort, he cannot be compelled by the Court to take upon himself the office of administrator.
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679.
Baker v. Dumaresq - [1934] SCR 665 - 1934-06-06
Supreme Court JudgmentsEstates
After her death I direct that the balance of my estate remaining in her hands shall be divided between my brother, the Rev. William W. Weeks, and my sister, Carrie Dumaresque. [...] Should my brother, William W., predecease my said sister, the whole of said balance shall go to my said sister and her heirs.
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680.
M. D. Donald Ltd. v. Brown - [1933] SCR 411 - 1933-04-26
Supreme Court JudgmentsTaxation
In 1929, Mrs. Meltzer, Mr. William Meltzer and Mrs. Schwartz entered into an agreement to sell this property to a purchaser for $210,000. [...] In the note, however, it is observed that a contrary view is expressed in Lewin on Trusts and concurred in by the eminent property lawyer, Mr. Joshua Williams, in his Law of Real Property, as well as by others.
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681.
Newport Industrial Development Co. v. Heughan - [1929] SCR 491 - 1929-04-30
Supreme Court JudgmentsContract
The explanation is found in a letter written on the same day by Percy H. Short to his Aunt Susie, the defendant, and Uncle William Heughan, her husband, jointly, who reside and carry on a dry goods business at London, Ontario. [...] The Everybody’s Chewing Gum Corporation, 342 Madison Ave., New York, have leased a plant in this city, formerly occupied by the William Wrigley Co., for which they are paying $10,000 a year rental from February 10, 1926.
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682.
Baker v. The King - [1926] SCR 92 - 1926-12-31
Supreme Court JudgmentsCriminal law
In the early days of September, Marinoff purchased from Willis 350 " cases," so called, of Scotch whisky and gin, and it was arranged that, according to a practice followed in the execution of previous sales, the liquor should be sent in the Beryl G., manned by William Gillis and his son, to an anchorage in a cove at Sidney [...] Stromkins and Sowash say that, on Baker's proposal, or the proposal of Baker and Morris, they left for Sidney Island with the intention of taking from the Beryl G., whose anchorage was well known, her cargo of liquor; that this purpose was carried out; that William Gillis and his son were killed in the course of its
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683.
Crosby v. Prescott - [1923] SCR 446 - 1923-05-01
Supreme Court JudgmentsAction
Williams on Executors (11 ed.) 264; Enohin v. Wiley[3]. [Page 447] Simple contract debts are assets where the debtor is found. [...] Tucker, in Goods of[23], and Williams on Executors, 11th ed. vol. 1, p. 340.
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684.
Mondor v. Willits - [1923] SCR 433 - 1923-05-01
Supreme Court JudgmentsContract
William A. Willits and Others (Defendants) Respondents. 1923: February 12; 1923: May 1. [...] Solicitor for the respondents: William Manahan. [1] 32 Man. R. 383.
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685.
Renaud v. Lamothe - (1902) 32 SCR 357 - 1902-05-15
Supreme Court JudgmentsEstates
This Act was in force in the Province of Quebec in 1789, the date of the will and bequest in favour of the testator's natural son, William Plenderleath, and has not been repealed. [...] It seems evident, therefore, that the alleged incapacity of, William Plenderleath Christie if it existed, had been removed by the effect of the general capacitating law existing in the province long anterior to 1835, the time of the opening of the substitution for his benefit, and enabled him to receive the bequest as any
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686.
Glengoil SS. Co. v. Pilkington / Glengoil SS. Co. v. Ferguson - (1897) 28 SCR 146 - 1897-12-09
Supreme Court JudgmentsMaritime law
WILLIAM PILKINGTON AND OTHERS (PLAINTIFFS) Respondents. THE GLENGOIL STEAMSHIP CO. AND ROBERT GRAY (DEFENDANTS) [...] WILLIAM FERGUSON AND OTHERS (PLAINTIFFS) Respondents. 1897: Oct 12; 1897: Oct 13; 1897: Oct 14; 1897: Dec 9
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687.
Heward v. O'Donohoe - (1891) 19 SCR 341 - 1891-06-22
Supreme Court JudgmentsProperty law
In that suit a decree was made on the 5th October, 1866, whereby it was in short substance and effect declared and adjudged that the said Francis Heward was seized of the legal estate in fee in the said land in trust as to one-eighth part thereof to the use of each of his brothers named respectively William B. Heward, John [...] Upon the 30th June, 1868, the master reported among other things that he had divided the lands in the decree mentioned and that he had set apart four-eighth parts by metes and bounds for Francis Heward and the remaining four-eighths parts by metes and bounds for Francis Heward’s three brothers William B. Heward, John D.
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688.
McKercher v. Sanderson - (1887) 15 SCR 296 - 1887-12-14
Supreme Court JudgmentsSale
William McKercher (Defendant) Appellant; and William Sanderson (Plaintiff) Respondent.
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689.
Crewe-Read v. The Municipality of Cape Breton - (1887) 14 SCR 8 - 1887-05-02
Supreme Court JudgmentsArmed Forces
Burbidge Q.C. in reply, as to survivorship of the action cited Lewin on Trusts[5]; Williams on Executors[6]; Imperial Statutes[7]; Webb v. Taylor[8]; Barnewall v. Sutherland[9]; Atkins v. Gardner[10]; Howley v. Knight[11]; The King v. Chamberlayne[12]. [...] I cannot distinguish this case, in principle, from Bafield v. Collard[13], which is thus stated in 1 Williams on Executors[14]:—
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690.
Western Assurance Co. v. Doull - (1886) 12 SCR 446 - 1886-03-06
Supreme Court JudgmentsInsurance
John Doull, William Miller, Francis H. Doull, William M. Doull, And Vincenzo J. Gibson (Plaintiffs)
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691.
Rickaby v. Bell - (1878) 2 SCR 560 - 1878-06-04
Supreme Court JudgmentsWILLIAM T. RICKABY Appellant; And ADAM R. BELL Respondent. 1878: Feb 7; 1878: Feb 8; 1878: Feb 9; 1878: June 4 [...] Solicitor for Respondent William MacDougall. [1] En son traité du dol, vol. 2; No. 203, page 369.
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692.
Nevsun Resources Ltd. v. Araya - 2020 SCC 5 - [2020] 1 SCR 166 - 2020-02-28
Supreme Court JudgmentsBlackstone, William. Commentaries on the Laws of England: Book the Fourth. [...] Glanville Williams suggested a compromise between the two viewpoints. [...] Justice Wilson agreed with, and adopted, Glanville Williams’s pragmatic approach (p. 120, citing G. L. Williams, “The Foundation of Tortious Liability” (1939), 7 Cambridge L.J. 111).
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693.
Chandos Construction Ltd. v. Deloitte Restructuring Inc. - 2020 SCC 25 - [2020] 3 SCR 3 - 2020-10-02
Supreme Court JudgmentsBankruptcy and insolvency
[70] Justice Strong also relied on Ex parte Williams (1877), 7 Ch. D. 138 (C.A.), the ratio decidendi of which he described as being that “any provision by a debtor that in the event of his becoming bankrupt or insolvent there shall be a different distribution of his effects from that which the law provides is void”: p. [...] While noting that Williams was of limited value due to the lack of bankruptcy legislation in Canada, Strong J. went on to comment favourably upon the English cases which followed it, including Voisey. [...] Justice Vaughan Williams held that an agreement that a debtor’s interest in property would determine upon their bankruptcy was “evidence of an intention to defraud [their] creditors” in In re Stephenson, [1897] 1 Q.B. 638, at p. 640.
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694.
R. v. Thatcher - [1987] 1 SCR 652 - 1987-05-14
Supreme Court JudgmentsCriminal law
Russel, Sir William Oldnall. Russell on Crime, 10th ed. By J. W. Cecil Turner. [...] Williams, Glanville. "Alternative Elements and Included Offences," [1984] C.L.J. 290. [...] The proprietor of a gun shop in Palm Springs, California, Ronald Williams, testified that on January 29, 1982 he sold Colin Thatcher a .357 calibre Ruger revolver.
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695.
Canadian Dredge & Dock Co. v. The Queen - [1985] 1 SCR 662 - 1985-05-23
Supreme Court JudgmentsCriminal law
Williams, Glanville. Textbook of Criminal Law, London, Stevens & Sons, 1978. [...] Williams, Glanville. Textbook of Criminal Law, 2nd ed., London, Stevens & Sons, 1983. [...] Glanville Williams, in Textbook of Criminal Law (1978), states, at p. 947:
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696.
Wadsworth v. McCord - (1886) 12 SCR 466 - 1886-06-22
Supreme Court JudgmentsEstates
Now up to 1794 it is perfectly clear that the domicile was Scotch, and it appears to be agreed on all hands that the rules which Sir William Grant, then master of the rolls, extracted, as he said, from various decisions, the Annandale case, Bruce v. Bruce, and other cases, to all of which your lordships have been referred, [...] The facts are undisputed; the witnesses examined were the relatives Jane Wadsworth, sister of James Wadsworth, William Wadsworth, his brother, and Susan McMullen, daughter of his first wife by her husband McMullen and the intervenor in this case and others. [...] William Wadsworth:— If I remember right my brother told me that it was during ihe winter previous to my arrival in the country that Mr. Wadsworth
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697.
Troop v. Hart - (1882) 7 SCR 512 - 1882-03-28
Supreme Court JudgmentsSale
& Co.,) with converting 250 barrels of mackerel, which were the property of William M. Richardson, the respondent's assignor. [...] The action was tried on the 28th of April, 1880, before the late Chief Justice of Nova Scotia (Sir William Young) without a jury, when a verdict was found for the plaintiff for $1,841.90, being the value of the 236 barrels of mackerel at $8 per barrel, less the sum of $46.10 allowed for insurance and storage. [...] The effect of not guilty, in an action for conversion under the English rule of Trinity Term, 1853, with which section 146 of the Revised Statutes of Nova Scotia (4 Series) cap. 94 is identical, is stated in William's notes to Saunders[22], as follows:
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698.
Uber Technologies Inc. v. Heller - 2020 SCC 16 - [2020] 2 SCR 118 - 2020-06-26
Supreme Court JudgmentsHorton, William G. “A Brief History of Arbitration” (2017), 47 Adv. Q. 12. [...] Woodward, William J., Jr. “Finding the Contract in Contracts for Law, Forum and Arbitration” (2006), 2 Hastings Bus. L.J. 1. [...] It has also been present in the American jurisprudence for more than half a century (see Williams v. Walker-Thomas Furniture Company, 350 F.2d 445 (1965), at pp. 449-50).
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699.
London Drugs Ltd. v. Kuehne & Nagel International Ltd. - [1992] 3 SCR 299 - 1992-10-29
Supreme Court JudgmentsContract
Torts
Anson, Sir William R. Anson's Law of Contract, 25th ed. By A. G. Guest. [...] Tetley, William. Marine Cargo Claims, 3rd ed. Montreal: Yvon Blais, 1988. [...] In Williams' terminology, this basis is termed the "servant's tort theory".
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700.
Chevrier v. The Queen - (1880) 4 SCR 1 - 1880-03-01
Supreme Court JudgmentsCivil procedure
Present: The Honorable Mr. Justice Smith; William K. McCord, Esquire, Circuit Judge. [...] I refer to the deed of sale (exhibit of the respondent), dated 17th May, 1855, to the Crown, represented by William F. Coffin and Thomas McCord, Esquires, as attorneys for the Commissioners of Public Works, from Andrew Leamy and Erexina Wright, his wife. [...] A similar interpretation has been given to the same clause by Sir William Richards, in the case of Wood vs.