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1,094 result(s)
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326.
R. v. Poirier - [1998] 1 SCR 24 - 1998-01-22
Supreme Court JudgmentsCriminal law
R. Scott Peacock, for the respondent. //Cory J.// The judgment of the Court was delivered orally by
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327.
Citadel General Assurance Co. v. Lloyds Bank Canada - [1997] 3 SCR 805 - 1997-10-30
Supreme Court JudgmentsTrust
Eric F. Macklin, Q.C., and W. Scott Schlosser, for the appellants. Donald R. Cranston and Stacy M. Neufeld, for the respondents. [...] Addressing the “knowing receipt” claim, Scott L.J. commented, at p. 777: [...] Considering whether the bank was a party to a breach of trust by its customer, Scott C.J.M. held, at p. 167:
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328.
Wallace v. United Grain Growers Ltd. - [1997] 3 SCR 701 - 1997-10-30
Supreme Court JudgmentsBankruptcy and insolvency
Civil procedure
Labour law
22 Scott C.J.M. acknowledged that Lockwood J. had reached a similar conclusion on this issue. [...] Scott C.J.M. noted that this case has been applied numerous times in Canada. [...] Accordingly, Scott C.J.M. found that the claim lacked any factual foundation.
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329.
R. v. Lawes - [1997] 3 SCR 694 - 1997-10-10
Supreme Court JudgmentsCriminal law
Solicitors for the appellant: Singleton Urquhart Scott, Calgary. Solicitor for the respondent: Alberta Justice, Calgary.
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330.
Eldridge v. British Columbia (Attorney General) - [1997] 3 SCR 624 - 1997-10-09
Supreme Court JudgmentsConstitutional law
Jennifer Scott, Katherine Hardie and Judy Parrack, for the interveners the Women’s Legal Education and Action Fund and the Disabled Women’s Network Canada.
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331.
R. v. Lifchus - [1997] 3 SCR 320 - 1997-09-18
Supreme Court JudgmentsCriminal law
Scott C.J.M., writing for the court came to two conclusions which dictated the result of the appeal. [...] In this aspect, I agree with the comments of Scott C.J.M. set out in the judgment below (at pp. 234-35): [...] 42 Like Scott C.J.M., I am of the view that this charge was insufficient.
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332.
Ref re Remuneration of Judges of the Prov. Court of P.E.I.; Ref re Independence and Impartiality of Judges of the Prov. Court of P.E.I. - [1997] 3 SCR 3 - 1997-09-18
Supreme Court JudgmentsConstitutional law
Courts
Criminal law
Scott, F. R. Civil Liberties and Canadian Federalism. Toronto: University of Toronto Press, 1959. [...] D. O. Sabey, Q.C., Bradley G. Nemetz and Scott H. D. Bower, for the intervener the Alberta Provincial Judges’ Association. [...] Without this limitation of its powers, the argument runs, Parliament could subvert the very process by which it acquired its legitimacy as a representative, democratic institution; see F. R. Scott, Civil Liberties and Canadian Federalism (1959), at pp. 18-21; Dale Gibson, “Constitutional Amendment and the Implied Bill of
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333.
Air Canada v. Ontario (Liquor Control Board) - [1997] 2 SCR 581 - 1997-06-26
Supreme Court JudgmentsAir law
Written submissions only by Alison W. Scott and Brian Seaman, for the intervener the Attorney General of Nova Scotia.
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334.
Armada Lines Ltd. v. Chaleur Fertilizers Ltd. - [1997] 2 SCR 617 - 1997-06-26
Supreme Court JudgmentsMaritime law
Jon H. Scott and Bruce W. Johnston, for the appellant. Thomas L. McGloan, Q.C., and Guy Spavold, for the respondent.
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335.
Arndt v. Smith - [1997] 2 SCR 539 - 1997-06-26
Supreme Court JudgmentsTorts
v. Northern Territory of Australia (1992), 107 F.L.R. 264; Bernard v. Char, 903 P.2d 667 (1995); Scott v. Bradford, 606 P.2d 554 (1979); Smith v. Reisig, 686 P.2d 285 (1984); Arena v. Gingrich, 733 P.2d 75 (1987); Cobbs v. Grant, 502 P.2d 1 (1972); Martin v. Insurance Corp. of British Columbia (1979), 13 B.C.L.R. 163. [...] 49 Other states expressly apply a subjective test: see Scott v. Bradford, 606 P.2d 554 (Okla. 1979); Smith v. Reisig, 686 P.2d 285 (Okla. 1984); Arena v. Gingrich, 733 P.2d 75 (Or. Ct. App. 1987).
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336.
ST. Mary's Indian Band v. Cranbrook (City) - [1997] 2 SCR 657 - 1997-06-26
Supreme Court JudgmentsAboriginal law
John R. Haig, Q.C., and Scott Cowan, for the intervener. The judgment of the Court was delivered by
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337.
R. v. Bedford - [1997] 2 SCR 292 - 1997-05-27
Supreme Court JudgmentsCourts
Scott C. Hutchison, for the respondent. The judgment of the Court was delivered orally by
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338.
R. v. Senior - [1997] 2 SCR 288 - 1997-05-23
Supreme Court JudgmentsCriminal law
Solicitors for the appellant: Singleton Urquhart Scott, Calgary. Solicitor for the respondent: The Department of Justice, Calgary.
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339.
Hercules Managements Ltd. v. Ernst & Young - [1997] 2 SCR 165 - 1997-05-22
Supreme Court JudgmentsTorts
1 S.C.R. 85; Edgeworth Construction Ltd. v. N. D. Lea & Associates Ltd., [1993] 3 S.C.R. 206; Scott Group Ltd. v. McFarlane, [1978] 1 N.Z.L.R. 553; Donoghue v. Stevenson, [1932] A.C. 562; Candler v. Crane, Christmas & Co., [1951] 2 K.B. 164; H. Rosenblum (1983), Inc. v. Adler, 461 A.2d 138 (1983); Roman Corp. [...] In Scott Group Ltd. v. McFarlane, [1978] 1 N.Z.L.R. 553, for example, a case that dealt specifically with auditors’ liability for negligently prepared audit reports, the Anns test was adopted and applied by a majority of the New Zealand Court of Appeal.
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340.
R. v. Feeney - [1997] 2 SCR 13 - 1997-05-22
Supreme Court JudgmentsConstitutional law
Criminal law
Or, as Scott L.J. stated in Dumbell v. Roberts, [1944] 1 All E.R. 326 (C.A.), at p. 329:
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341.
Soulos v. Korkontzilas - [1997] 2 SCR 217 - 1997-05-22
Supreme Court JudgmentsProperty law
Trust
Scott, Austin Wakeman. The Law of Trusts, vol. V, 3rd ed. Boston: Little, Brown, 1967. [...] Thus the authors of Scott on Trusts (3rd ed. 1967), vol. V, at p. 3410, state that the constructive trust “is available where property is obtained by mistake or by fraud or by other wrong”. [...] Or as Cardozo C.J. put it, “[a] constructive trust is, then, the remedial device through which preference of self is made subordinate to loyalty to others”: Meinhard v. Salmon, 164 N.E. 545 (1928), at p. 548, cited in Scott on Trusts, supra, at p. 3412.
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342.
R. v. Stillman - [1997] 1 SCR 607 - 1997-03-20
Supreme Court JudgmentsConstitutional law
Criminal law
v. Cobb, 243 S.E.2d 759 (1978); R. v. Morin (1995), 37 C.R. (4th) 395; R. v. Brezack (1949), 96 C.C.C. 97; Reynen v. Antonenko (1975), 20 C.C.C. (2d) 342; Scott v. The Queen (1975), 24 C.C.C. (2d) 261; R. v. Truchanek (1984), 39 C.R. (3d) 137; Hunter v. Southam Inc., [1984] 2 S.C.R. 145; R. v. Therens, [1985] 1 S.C.R. [...] Scott K. Fenton, for the intervener the Criminal Lawyers’ Association (Ontario). [...] S.C.T.D.), at pp. 348-49; Scott v. The Queen (1975), 24 C.C.C. (2d) 261 (F.C.A.); R. v. Truchanek (1984), 39 C.R. (3d) 137 (B.C. Co. Ct.).
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343.
Royal Bank of Canada v. Sparrow Electric Corp. - [1997] 1 SCR 411 - 1997-02-27
Supreme Court JudgmentsFinancial institutions
State
Similarly, in Pembina on the Red Development, supra, Scott C.J. stated the presumption against expropriation of property, at p. 38:
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344.
R. v. Wickstead - [1997] 1 SCR 307 - 1997-02-14
Supreme Court JudgmentsConstitutional law
Scott C. Hutchison, for the respondent. //Sopinka J.// The judgment of the Court was delivered orally by
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345.
R. v. Leipert - [1997] 1 SCR 281 - 1997-02-06
Supreme Court JudgmentsCriminal law
In R. v. Scott, [1990] 3 S.C.R. 979, at p. 994, Cory J. stressed the heightened importance of the rule in the context of drug investigations: [...] As Cory J. stated in Scott, supra, at pp. 995-96: In our system the right of an individual accused to establish his or her innocence by raising a reasonable doubt as to guilt has always remained paramount. [...] 22 On the other hand, circumstances may arise where the evidence establishes a basis for the exception, as where the informer is a material witness to the crime or acted as an agent provocateur: see Scott, supra.
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346.
R. v. Nikolovski - [1996] 3 SCR 1197 - 1996-12-12
Supreme Court JudgmentsCriminal law
They urge that once a proper foundation has been established as to the accuracy and authenticity of a photograph, “it speaks with a certain probative force in itself.” (Scott, Photographic Evidence (1942) §601, p. 476.) [...] (See Scott, Photographic Evidence (1942) §197, pp. 211‑213; Crim.L.Rev. [1957] p. 708.)
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347.
Adler v. Ontario - [1996] 3 SCR 609 - 1996-11-21
Supreme Court JudgmentsConstitutional law
C. 1863, c. 5 (Scott Act), was the last piece of legislation relating to denominational schools in Upper Canada enacted before Confederation. [...] Section 20 of the Scott Act required that separate schools receive a proportionate share of the funds annually granted by the legislature to support the common schools. [...] Section 14 of the Scott Act lays out the registration procedure to be followed.
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348.
Boma Manufacturing Ltd. v. Canadian Imperial Bank of Commerce - [1996] 3 SCR 727 - 1996-11-21
Supreme Court JudgmentsBills of exchange
Scott, Stephen A. “The Bank is Always Right: Section 165(3) of the Bills of Exchange Act and its Curious Parliamentary History” (1973), 19 McGill L.J. 78. [...] 71. At this point, it should be noted that this section has attracted considerable commentary; see, for example, Professor Sheilah Martin's article “Section 165(3) of the Bills of Exchange Act ” (1985), 11 C.B.L.J. 23, and Professor Stephen A. Scott's article “The Bank is Always Right: Section 165(3) of the Bills of [...] 73. Professor Scott goes so far as to state that s. 165(3) "must be summarily repealed", as "[i]ts continued presence on the Canadian statute book is completely unjustified" (p. 97).
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349.
Hospitality Investments Ltd. v. Everett Lord Building Construction Ltd. - [1996] 3 SCR 605 - 1996-11-08
Supreme Court JudgmentsTorts
Solicitors for the interveners: Singleton, Urquhart, Scott, Vancouver.
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350.
Canadian Broadcasting Corp. v. New Brunswick (Attorney General) - [1996] 3 SCR 480 - 1996-10-31
Supreme Court JudgmentsConstitutional law
Criminal law
Applied: Dagenais v. Canadian Broadcasting Corp., [1994] 3 S.C.R. 835; referred to: Danson v. Ontario (Attorney General), [1990] 2 S.C.R. 1086; Edmonton Journal v. Alberta (Attorney General), [1989] 2 S.C.R. 1326; Scott v. Scott, [1913] A.C. 419; Re Southam Inc. and The Queen (No.1) (1983), 41 O.R. (2d) 113; Attorney [...] The principle was described in the early English case of Scott v. Scott, [1913] A.C. 419 (H.L.). [...] In Scott, supra, Earl Loreburn, at pp. 445-46, described the basis for exclusion of the public from the courts in these terms: