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251.
La Presse inc. v. Quebec - 2023 SCC 22 - 2023-10-06
Supreme Court JudgmentsCriminal law
14; R. v. Evening Standard Co. Ld., [1954] 1 Q.B. 578; St. James’s Evening Post Case (1742), 2 Atk. 469, 26 E.R. 683; R. v. Jansen, [1976] 4 W.W.R. 277; Scott v. Scott, [1913] A.C. 417; R. v. Clement (1821), 4 B. & Ald. 218, 106 E.R. 918; Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27; R. v. Jordan, 2016 SCC [...] Eventually, it became the practice for courts to issue publication bans as an exercise of their inherent jurisdiction (see, e.g., R. v. Jansen, [1976] 4 W.W.R. 277 (B.C.S.C.); Scott v. Scott, [1913] A.C. 417 (H.L.); R. v. Clement (1821), 4 B. & Ald. 218, 106 E.R. 918).
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252.
Vancouver Sun (Re) - 2004 SCC 43 - [2004] 2 SCR 332 - 2004-06-23
Supreme Court JudgmentsCriminal law
Canadian Broadcasting Corp. v. New Brunswick (Attorney General), [1996] 3 S.C.R. 480; Edmonton Journal v. Alberta (Attorney General), [1989] 2 S.C.R. 1326; Scott v. Scott, [1913] A.C. 417; Ambard v. Attorney-General for Trinidad and Tobago, [1936] A.C. 322; Ford v. Quebec (Attorney General), [1988] 2 S.C.R. 712; R. v. [...] The right of public access to the courts is “one of principle . . . turning, not on convenience, but on necessity”: Scott v. Scott, [1913] A.C. 417 (H.L.), per Viscount Haldane L.C., at p. 438.
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253.
Western Canada Power Co. v. Velasky - (1914) 49 SCR 423 - 1914-02-23
Supreme Court JudgmentsTorts
Marney v. Scott ( (1899) 1 Q.B. 986) ; Indermaur v. Dames (L.R. 2 C.P. 311), and Lucy v. Bawden ((1914) 2 K.B. 318), referred to. [...] I fail to see the slightest resemblance in all this to the invitation to stevedores, which was in question in Marney v. Scott[2], so much relied upon.
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254.
Valiquette v. Fraser - (1907) 39 SCR 1 - 1907-05-13
Supreme Court JudgmentsTorts
That duty, as defined in Indermaur v. Dames6; Francis v. Cockrell[10]; Tarry v. Ashton[11] Marney v. Scott[12], and other cases, seems to be that he is bound towards those whom he invites into or upon the building or structure to use reasonable care and skill in providing that the property and appliances upon it, which it [...] As Sir Frederick Pollock puts it in the 5th edition of his work on Torts, at page 477, adopted by Bigham J. in his judgment in Marney v. Scott[14];
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255.
R. v. Stinchcombe - [1991] 3 SCR 326 - 1991-11-07
Supreme Court JudgmentsCriminal law
Referred to: Cunliffe v. Law Society of British Columbia (1984), 40 C.R. (3d) 67; Savion v. The Queen (1980), 13 C.R. (3d) 259; R. v. Bourget (1987), 56 C.R. (3d) 97; Boucher v. The Queen, [1955] S.C.R. 16; Marks v. Beyfus (1890), 25 Q.B.D. 494; R. v. Scott, [1990] 3 S.C.R. 979; Bisaillon v. Keable, [1983] 2 S.C.R. 60; [...] Protection of the identity of informers is covered by the rules relating to informer privilege and exceptions thereto (see Marks v. Beyfus (1890), 25 Q.B.D. 494 (C.A.); R. v. Scott, [1990] 3 S.C.R. 979), and any rules with respect to disclosure would be subject to this and other rules of privilege. [...] Even the identity of an informer is subject to this fact of life by virtue of the "innocence exception" to the informer privilege rule (Marks v. Beyfus, supra, at pp. 498-99; R. v. Scott, supra, at p. 996; Bisaillon v. Keable, [1983] 2 S.C.R. 60, at p. 93; Solicitor General of Canada v. Royal Commission of Inquiry (Health
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256.
Killoran v. Monticello State Bank - (1921) 61 SCR 528 - 1921-02-24
Supreme Court JudgmentsBills of exchange
W. L. Scott for the appellant. A. B. Hogg for the respondent. IDINGTON J.—The appellant signed what are in due form two ordinary promissory notes for $700 each That was followed on each of the same sheets of paper at the respective heads of which each of said promissory notes had been written and signed by appellant, by an [...] MIGNAULT J.—I have duly considered all that Mr. Scott said in his very able argument for the appellant and in the memorandum which he has since filed.
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257.
Durham Regional Police Association v. Durham Regional Board of Police Co. - [1982] 2 SCR 709 - 1982-11-23
Supreme Court JudgmentsLabour law
Ian Scott, Q.C. and A.G. Bolotenko, for the appellant. D.J.D. Sims, Q.C., for the respondent. [...] Solicitors for the appellant: Cameron, Brewin & Scott, Toronto. Solicitors for the respondent: Sims, Morton, Mclnerney & Brady, Whitby.
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258.
Minister of National Revenue v. MacInnes - [1963] SCR 299 - 1963-05-10
Supreme Court JudgmentsTaxation
It was quite impossible to distinguish this case, even on the facts, from those in Scott v. Minister of National Revenue, [1963] S.C.R. 223. [...] It is quite impossible to distinguish this case, even on the facts, from those in Scott v. Minister of National Revenue3.
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259.
Piggot v. The King - (1916) 53 SCR 626 - 1916-06-19
Supreme Court JudgmentsState
W. L. Scott for the appellants referred to Letourneux v. The King[1] [...] I cannot put the construction Mr. Scott asks us to put on the word "construction" in the preceding subsection, and get out of the difficulty that way.
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260.
Cross v. Carstairs - (1913) 47 SCR 559 - 1913-02-21
Supreme Court JudgmentsAppeal
APPEAL from a decision of the Supreme Court of Alberta[1], affirming, by an equal division of opinion, the judgment of Mr. Justice Scott[2] dismissing [...] DAVIES J.—This is an appeal from a judgment of the Supreme Court of Alberta confirming, on an equal division of opinion, the decision of Mr. Justice Scott dismissing certain preliminary objections taken to a provincial election petition under the "Alberta Controverted Elections Act."
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261.
Clover Bar Coal Co. v. Humberstone et al. - (1911) 45 SCR 346 - 1911-12-06
Supreme Court JudgmentsTransportation
J. H. Leech K.C. and W. L. Scott for the appellants. Chrysler K.C. for the respondents. [...] I ought, perhaps, to refer to the point made by Mr, Scott, that the use of the appellants' spur for the purpose of affording facilities to the respondent is necessarily incompatible with the observance by the company of the condition prescribed by article 6 of the agreement that the use of the siding by or for the benefit
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262.
City of Ottawa v. Canada Atlantic Railway / City of Ottawa v. Montreal & Ottawa Railway Co. - (1903) 33 SCR 376 - 1903-05-05
Supreme Court JudgmentsTransportation
Solicitors for the respondents M. & O. Ry. Co.: Scott, Scott, Curle & Gleeson.
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263.
Bank of Hamilton v. Halstead - (1897) 28 SCR 235 - 1897-12-09
Supreme Court JudgmentsFinancial institutions
John J. Scott for the appellant. The renewal of a note and taking of a new assignment, giving up the old assignment which was good until surrendered is clearly a “negotiating” within the meaning of the Bank Act. Bank of Hamilton v. Noye Manufacturing Co.[3] at page 637; Foster et al v. Bowes[4]. [...] Solicitors for the appellants: Scott, Lees & Hobson. Solicitors for the respondent: Gibbons, Mulkern & Harper.
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264.
R. v. Demers - 2004 SCC 46 - [2004] 2 SCR 489 - 2004-06-30
Supreme Court JudgmentsConstitutional law
Scott, Francis Reginald. Civil Liberties & Canadian Federalism. Toronto: University of Toronto Press, 1959. [...] The documents Scott was referring to were the Magna Carta, the Bill of Rights of 1689, the Balfour Declaration of 1926 and the Statute of Westminster of 1931. [...] (Scott, supra, at p. 25) Professor Scott added that even within the strictures of the Constitution Act, 1867 , there was considerable discretion to adopt interpretations that protected liberties and human rights.
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265.
R. v. Brassington - 2018 SCC 37 - [2018] 2 SCR 617 - 2018-07-20
Supreme Court JudgmentsHubbard, Robert W., Peter M. Brauti and Scott K. Fenton. Wiretapping and Other Electronic Surveillance: Law and Procedure, Aurora, Ont.: Canada Law Book, 2000 (loose‑leaf updated March 2018, release 56). [...] Scott Hutchison and Lisa Jørgensen, for the intervener the Criminal Lawyers’ Association. [...] They provide a “valuable tool in the Crown’s arsenal for protection against disclosure of confidential and privileged information” (Robert W. Hubbard, Peter M. Brauti and Scott K. Fenton, Wiretapping and Other Electronic Surveillance: Law and Procedure (loose-leaf), at p. 9-27).Their purposes reflect the fact that the
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266.
Fraser River Pile & Dredge Ltd. v. Can-Dive Services Ltd. - [1999] 3 SCR 108 - 1999-09-10
Supreme Court JudgmentsContract
Applied: London Drugs Ltd. v. Kuehne & Nagel International Ltd., [1992] 3 S.C.R. 299; disapproved: Vandepitte v. Preferred Accident Insurance Corp. of New York, [1933] A.C. 70; considered: Commonwealth Construction Co. v. Imperial Oil Ltd., [1978] 1 S.C.R. 317; referred to: Scott v. Wawanesa Mutual Insurance Co., [1989] [...] He disagreed with the trial judge’s conclusion on this point, holding instead that Vandepitte, supra, had been impliedly overruled by the Supreme Court of Canada on the basis that the precedent had been ignored in cases where it might well have applied: see, for example, Scott v. Wawanesa Mutual Insurance Co., [1989] 1 [...] In addition, Esson J.A. was correct in holding that Vandepitte has been impliedly overruled in the course of decisions by the Court, given that in cases where the rule of privity might have been applied, the decision was ignored: Scott, supra.
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267.
Williams and Glyn’s Bank Ltd. v. Belkin Packaging Ltd. - [1983] 1 SCR 661 - 1983-05-17
Supreme Court JudgmentsBills of exchange
H. & N. 891; Federal Discount Corporation Ltd. v. St. Pierre and St. Pierre, [1962] O.R. 310; Edcal Industrial Agents Ltd. v. Redl and Zimmer (1967), 60 D.L.R. (2d) 289, referred to; Ashley Colter Ltd. v. Scott, [1942] S.C.R. 331; Nova (Jersey) Knit Ltd. v. Kammgarn Spinnerei GmbH, [1977] 2 All E.R. 463, distinguished. [...] The Bank can draw no assistance from the judgment of this Court in Ashley Colter Ltd. v. Scott, [1942] S.C.R. 331, where a bank was found to be a holder in due course of a promissory note endorsed to it by a vendor, on the basis of a finding that no restrictions as to the negotiability of the notes had been established [...] As we have seen in Ashley Colter Ltd. v. Scott, supra, Rinfret J., as he then was, took the view that a partial failure of consideration between the immediate parties to the bill cannot affect the title and the right of recovery under the bill, of remote parties (p. 338).
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268.
Conseil scolaire francophone de la Colombie‑Britannique v. British Columbia - 2013 SCC 42 - [2013] 2 SCR 774 - 2013-07-26
Supreme Court JudgmentsCourts
Referred to: R. v. Keller, [1966] 2 C.C.C. 380; R. v. Watts, Ex parte Poulin (1968), 69 D.L.R. (2d) 526, aff’d [1969] 3 C.C.C. 118; R. v. Lajoie (1970), 2 C.C.C. (2d) 89; R. v. Pelletier, 2002 BCSC 561 (CanLII); R. v. Mercure, [1988] 1 S.C.R. 234; Uniacke v. Dickson (1848), 1 N.S.R. 287; Scott v. Scott (1970), 2 N.B.R. (2d) [...] [15] The reception of English law is a common law principle, and it applies in several Canadian provinces in which it has not even been provided for by provincial statute: see, e.g., Uniacke v. Dickson (1848), 1 N.S.R. 287 (Ch.); Scott v. Scott (1970), 2 N.B.R. (2d) 849 (S.C., App. Div.).
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269.
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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270.
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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271.
Massie & Renwick Ltd. v. Underwriters' Survey Bureau Ltd. - [1937] SCR 265 - 1937-03-19
Supreme Court JudgmentsIntellectual property
W. B. Scott K.C. for the intervenants. Duff C.J.—In addition to the judgment delivered by Mr. Justice Hudson on behalf of the Court, it is, perhaps, advisable that I should add a word on the question of jurisdiction. [...] Solicitors for the intervenants: MacDougall, Macfarlane, Scott & Hugessen.
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272.
Stephenson v. Gold Medal Furniture Mfg. Co. - (1913) 48 SCR 497 - 1913-10-21
Supreme Court JudgmentsAppeal
W. L. Scott, contra, distinguished the cases cited in support of the motion, and relied upon Ex parte Moore[5] to shew that the judgment appealed from was a final judgment in regard to Tena Stephenson and that, without any further action by the court, [...] the meaning of the “Supreme Court Act,” as it stood when this appeal was taken, the case of The Rural Municipality of Morris v. The London and Canadian Loan and Agency Co.[8] seems to cover the exact contention set up by Mr. Scott in resisting the motion to quash herein which, it seems to me, must prevail with costs.
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273.
Copeland-Chatterson Co. v. Paquette - (1907) 38 SCR 451 - 1907-04-02
Supreme Court JudgmentsIntellectual property
idea; per Rigby L.J. in Fawcett v. Homan[16], at p. 410; See also Taylor & Scott v. Armand[17], per Romer L.J. at p. 136. [...] v. Miller[25]; Reynolds v. Herbert Smith & Co.[26]; Smith v. Goldie[27], per Gwynne J. at pages 69, 71; Dansereau v. Bellemare[28]; Thomson v. American Braided Wire Co.[29]; Anti-vibration Electric Co. v. Crossley[30]; Ashworth v. The English Clothing Co.[31]; Taylor & Scott v. Annand[32]; Heugh v. Chamberlain[33],
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274.
Cornwall v. Halifax Banking Co. - (1902) 32 SCR 442 - 1902-05-27
Supreme Court JudgmentsInsurance
Hugh Scott, the chief agent for Canada of the insurance company, stated as follows in his evidence:— [...] And I thoroughly concur with Mr. Justice Barker that, the company having paid the sum of $1,000 as a compromise to the administratrix of the estate in an action brought by her to recover the money on the policy, the evidence of Mr. Scott as to the general practice of the insurance company in paying the beneficiary only, in
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275.
RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc. - 2008 SCC 54 - [2008] 3 SCR 79 - 2008-10-09
Supreme Court JudgmentsLabour law
Echlin, Randall Scott, and Christine M. Thomlinson. For Better or For Worse: A Practical Guide to Canadian Employment Law, 2nd ed. [...] (See Randall Scott Echlin and Christine M. Thomlinson, For Better or For Worse: A Practical Guide to Canadian Employment Law (2nd ed. 2003), at p. 254.) [...] Solicitors for the respondents: Lax O’Sullivan Scott, Toronto.