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1,094 result(s)
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576.
R. v. Kundeus - [1976] 2 SCR 272 - 1975-06-26
Supreme Court JudgmentsCriminal law
649; R. v. Burgess, [1970] 2 O.R. 216; Proud-man v. Dayman (1941), 67 C.L.R. 536; R. v. Prince (1875), L.R. 2 C.C.R. 154; R. v. McLeod (1954), 111 C.C.C. 106; R v. Reynhoudt (1962), 107 C.L.R. 381; R. v. Wallendorf, [1920] S.A.L.R. 383; R. v. Ladue, [1965] 4 C.C.C. 265; R. v. Scott, [1964] 2 C.C.C. 257, referred to.] [...] Such a charge is supportable under s. 24 of the Criminal Code which makes it immaterial whether it was possible or not to commit the intended offence: see 10 Halsbury, 3rd ed., p. 306; R. v. Scott[13].
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577.
Cholod et al. v. Baker et al. - [1976] 2 SCR 484 - 1975-06-25
Supreme Court JudgmentsMunicipal law
J. Mohr, E.C. Strass, W.H. Coates, Mrs. L.E. Scott, J.M. Boyle, L.C. Sherman, C. Rodham, A.J. Selinger, J.J. Thauberger and S.E. Oxelgren, Members of the Council of the City of Regina,
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578.
Barnett v. Harrison - [1976] 2 SCR 531 - 1975-05-20
Supreme Court JudgmentsSale
may make it a condition of completion that he be able to obtain mortgage financing within a fixed period does not, in my opinion, preclude him from waiving the condition and paying in cash, provided, of course, he makes his election to waive the condition within the period fixed by the contract: see Scott v. Rania[5].
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579.
Interprovincial Co-operatives Ltd. et al. v. R. - [1976] 1 SCR 477 - 1975-03-26
Supreme Court JudgmentsConstitutional law
This issue was touched upon, in a situation different from the present one, in Attorney General of Ontario v. Scott[2], and there is slight reference to it in C.P.R. v. Parent[3], a judgment of the Privy Council reversing a judgment of this Court[4]. [...] Nor do I think that there is anything in Attorney General of Ontario v. Scott[18], which supports the position of the appellants. [...] The authoritative character of this decision rendered when the Privy Council was the Court of ultimate jurisdiction for this country does not depend on approval by this Court, and it is of no importance that only four of the judges of this Court who gave judgment in Attorney General of Ontario v. Scott[21] expressly
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580.
Faber v. The Queen - [1976] 2 SCR 9 - 1975-03-25
Supreme Court JudgmentsCriminal law
Such legislation trenches upon the rule expressed in the maxim nemo tenetur seipsum accusare which has been described (by Coleridge J. in R. v. Scott, 1856, Dears & B. 47 at 61, 169 E.R. 909) as "a maxim of-our law as settled, as important and as wise as almost any other in it."
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581.
Little and Wolski v. R. - [1976] 1 SCR 20 - 1974-12-19
Supreme Court JudgmentsCriminal law
[Brodie v. The King, [1936] S.C.R. 188, applied; Trainer v. The King (1906), 4 C.L.R. 26, distinguished; R. v. Carswell (1916), 26 C.C.C. 288; R. v. Cassils (1932), 57 C.C.C. 366; R. v. Scott, [1970] 3 C.C.C. 109; R. v. Meloche, [1970] 1 C.C.C. (2d) 187; R. v. Sheppard (1949), 95 C.C.C. 298; R. v. Pelletier, [1970] 3 C.C.C. [...] He applied such cases as R. v. Carswell[4]; R. v. Cassils[5]; and R. v. Scott[6], all decisions of the Appellate Division of the Supreme Court of Alberta, which support the proposition that if A is named as owner of property alleged to have been stolen the Crown cannot succeed if it is established in evidence that B is in
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582.
Eady v. Tenderenda - [1975] 2 SCR 599 - 1974-10-01
Supreme Court JudgmentsProfessional law
The rule is conveniently and authoritatively stated in the judgment of Erle C.J., in Scott v. London & St. Katherine Docks Co. (1865) 3 H. & C. 596 at 601, 159 E.R. 665, where it is said:
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583.
Linton Construction Ltd. v. C.N.R. - [1975] 2 SCR 678 - 1974-10-01
Supreme Court JudgmentsTransportation
D’ARCY SCOTT, Asst. Chief Commissioner. HON. W.B. NANTEL, Deputy Chief Commissioner. [...] Scott[13], at p. 133, said: How, then, upon general principles are we to proceed in a seeming conflict between the common law and these provisions of the statute?
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584.
R. v. Maroney - [1975] 2 SCR 306 - 1974-10-01
Supreme Court JudgmentsCriminal law
APPEAL from a judgment of the Court of Appeal for Ontario quashing the conviction at trial by Scott, Co. Ct. J., with a jury, and ordering a new trial.
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585.
Wilcox v. Cavan - [1975] 2 SCR 663 - 1974-10-01
Supreme Court JudgmentsTorts
Considerable importance attaches to the fact that the proper practice in giving such an injection, and the one which Mrs. Wilcox said she followed, is that described by Dr. Scott where he said: [...] It will be asked why, then, did Mrs. Wilcox not get blood on aspiration of the syringe if the needle was in it, to which the answer is given by Doctors MacLean and Scott, that it is possible for the point of the needle to be so positioned that it would not get blood on aspiration but could inject the medication [...] One of the doctors described the event as a misadventure and Dr. Scott stated that if Mrs. Wilcox had given the injection as she stated she did and in the place where Dr. Miller found the mark, “what happened after that was tragic as it was
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586.
Nash v. Nash - [1975] 2 SCR 507 - 1974-06-28
Supreme Court JudgmentsFamily law
Solicitors for the appellant: Scott & Aylen, Ottawa. Solicitors for the respondent: Hughes, Laishley, Mullen, Touhey & Sigouin, Ottawa.
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587.
McLeod v. Egan - [1975] 1 SCR 517 - 1974-05-27
Supreme Court JudgmentsArbitration
Labour law
Ian G. Scott, Q.C., and Chris G. Paliare, for the appellants. Bruce Stewart, for the respondents. [...] Solicitors for the appellants: Cameron, Brewin & Scott, Toronto. Solicitors for the respondents: Hicks, Morley, Hamilton, Stewart & Storie, Toronto.
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588.
R. v. Burnshine - [1975] 1 SCR 693 - 1974-04-02
Supreme Court JudgmentsConstitutional law
“Equality before the law” in this sense is frequently invoked to demonstrate that the same law applies to the highest official of Government as to any other ordinary citizen, and in this regard Professor F.R. Scott, in delivering the Plaunt Memorial Lectures on Civil Liberties and Canadian Federalism in 1959, speaking of
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589.
Jones v. A.G. of New Brunswick - [1975] 2 SCR 182 - 1974-04-01
Supreme Court JudgmentsConstitutional law
See Scott, “The British North America (No. 2) Act, 1949” (1950), 8 Univ. of Tor. LJ. 201, at p. 205.
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590.
Deuterium of Canada Ltd. et al. v. Burns & Roe Inc. et al. - [1975] 2 SCR 124 - 1974-03-17
Supreme Court JudgmentsAction
Arbitration
This proposition has been widely accepted since the case of Scott v. Avery[3], and the clauses making arbitration a condition precedent to the bringing of an action have long been classified as “Scott v. Avery Clauses.” [...] In the Scott and Avery case the clause provided that no party should [...] Scott v. Avery, no doubt, is read as having decided that parties cannot, by contract, oust the Courts of their jurisdiction.
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591.
Moran v. Pyle National (Canada) Ltd. - [1975] 1 SCR 393 - 1973-12-21
Supreme Court JudgmentsCourts
Scott L.J. found the affidavit filed in support of the application “gravely defective”. [...] Scott L.J. said, p. 437: I express no opinion whether, if an act were committed out of the jurisdiction which did not give rise to a cause of action in tort until something further had happened within the jurisdiction, the resultant damage could properly be regarded as flowing from a tort taking place within the
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592.
Commonwealth of Puerto Rico v. Hernandez - [1975] 1 SCR 228 - 1973-10-29
Supreme Court JudgmentsCriminal law
...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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593.
Finlay et al. v. Auld - [1975] 1 SCR 338 - 1973-10-02
Supreme Court JudgmentsProfessional law
At trial Gillis J. found that the plaintiffs had not established sufficiently that the disability was of sudden onset however the Appeal Division felt that the plaintiffs appellants had made out a prima facie case to apply the rule in Scott v. London and St. Katherine Docks Company (1865), 3 H & C. 596 and require the [...] As the appellants have made out a prima facie case of sudden and serious voice impairment manifested directly after the operation this is a case in which the rule in Scott v. London and St. Katherine Docks Company comes into play, whether or not the respondent has rebutted any inference of negligence is the whole case. [...] Scott v. London and St. Katherine Docks Company (1865), 3 H & C. 596; United Motors Services Inc. v. Hatson et al., [1937] S.C.R. 294; Woods v. Duncan, [1946] A.C. 401 referred to.
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594.
Johnson v. R. - [1975] 2 SCR 160 - 1973-10-02
Supreme Court JudgmentsCriminal law
Detective Scott was the only witness called for the prosecution and his evidence was so brief that I quote in full the relevant parts thereof; [...] Q. And I suggest to you, Detective Scott, that it was rather a beautiful performance? [...] Q. I suggest to you, Detective Scott, that it was rather a beautiful performance.
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595.
Murdoch v. Murdoch - [1975] 1 SCR 423 - 1973-10-02
Supreme Court JudgmentsFamily law
As is pointed out by Scott, Law of Trusts, 3rd ed., 1967, vol. 5, at p. 3215, “a constructive trust is imposed where a person holding title to property is subject to an equitable duty to convey it to another on the ground that he would be injustly enriched if he were permitted to retain it ...
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596.
Attorney General of Canada v. Lavell - [1974] SCR 1349 - 1973-08-27
Supreme Court JudgmentsConstitutional law
“Equality before the law” in this sense is frequently invoked to demonstrate that the same law applies to the highest official of government as to any other ordinary citizen, and in this regard Professor F.R. Scott, in delivering the Plaunt Memorial Lectures on Civil Liberties and Canadian Federalism in 1959, speaking of
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597.
Ladouceur v. Howarth - [1974] SCR 1111 - 1973-08-27
Supreme Court JudgmentsAction
D.W. Scott, for the plaintiff, appellant. D.G. Casey and K.G. Evans, for the defendant, respondent.
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598.
Bradford v. Kanellos - [1974] SCR 409 - 1973-06-29
Supreme Court JudgmentsTorts
Un exemple consacré depuis longtemps est la fameuse Affaire du pétard: Scott v. Shepherd (1773) W.Bl.892; un farceur lance un pétard allumé dans un marché; le pétard est projeté d’un kiosque à l’autre dans le but de préserver les marchandises jusqu’à ce qu’il explose finalement dans le visage du demandeur. [...] Procureurs des demandeurs, appelants: Scott & Aylen, Ottawa. Procureur du défendeur, intimé, Gus Kanellos: Claude R. Thomson, Toronto.
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599.
Epstein v. Reymes - [1973] SCR 85 - 1972-06-29
Supreme Court JudgmentsMunicipal law
Property law
I.G. Scott, for the plaintiff, appellant, Alexander Epstein. R.N. Starr, Q.C., for the defendant, respondent. [...] Solicitors for plaintiffs, appellants: Cameron, Brewin & Scott, Toronto.
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600.
Netupsky v. Craig - [1973] SCR 55 - 1972-06-29
Supreme Court JudgmentsTorts
Solicitors for the plaintiffs, appellants: Scott & Aylen, Ottawa. Solicitors for the defendants, respondents: Gowling & Henderson, Ottawa.