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401.
R. v. Durham Regional Crime Stoppers Inc. - 2017 SCC 45 - [2017] 2 SCR 157 - 2017-09-22
Supreme Court Judgments43, [2007] 3 S.C.R. 253; R. v. Leipert, [1997] 1 S.C.R. 281; R. v. Barros, 2011 SCC 51, [2011] 3 S.C.R. 368; People v. Callen, 194 Cal.App.3d 558 (1987); R. v. Scott, [1990] 3 S.C.R. 979; Solicitor General of Canada v. Royal Commission of Inquiry (Health Records in Ontario), [1981] 2 S.C.R. 494; R. v. McClure, 2001 SCC 14, [...] As such, the right of an accused to establish his or her innocence by raising a reasonable doubt takes precedence over protecting an informer’s identity: R. v. Scott, [1990] 3 S.C.R. 979, at pp. 995-96.
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402.
Head v. The Queen - [1986] 2 SCR 684 - 1986-12-18
Supreme Court JudgmentsCriminal law
Vanderploet (1976), 16 N.S.R. (2d) 445; Salerno v. White (1982), 28 C.P.C. 165; McCready v. Scott (1967), 62 W.W.R. 563; R. v. Emkeit, [1974] S.C.R. 133, affirming (1971), 3 C.C.C. (2d) 309; Ralston Purina (Canada) Ltd. v. Thompson View Fur Farms Ltd. (1984), 12 D.L.R. (4th) 228; Nanan v. The State, [1986] 3 All E.R. 248. [...] See also McCready v. Scott (1967), 62 W.W.R. 563 (B.C.S.C.); R. v. Emkeit (1971), 3 C.C.C. (2d) 309 (Alta.
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403.
Dick v. La Reine - [1985] 2 SCR 309 - 1985-10-31
Supreme Court JudgmentsAboriginal law
Constitutional law
Criminal law
S.C.R. 31; Attorney General for Ontario v. Scott, [1956] S.C.R. 137; Coughlin v. Ontario Highway Transport Board, [1968] S.C.R. 569; R. v. Jack and Charlie (1982), 139 D.L.R. (3d) 25; Poitras v. The Queen, [1974] S.C.R. 649; Northern Telecom Canada Ltd. v. Communication Workers of Canada, [1983] 1 S.C.R. 733, referred to. [...] In my opinion Attorney General for Ontario v. Scott, [1956] S.C.R. 137, and Coughlin v. Ontario Highway Transport Board, [1968] S.C.R. 569, provide a complete answer to this objection.
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404.
Carter v. Van Camp - [1930] SCR 156 - 1929-10-01
Supreme Court JudgmentsMotor vehicles
against C., who owed a duty to persons situated as was the infant plaintiff to anticipate such incidents as here occurred as the result of the collision (Scott’s Trustees v. Moss. 17 S.C., 32, and other authorities referred to); plaintiffs should have judgment against both A. and C.; it was not a case for a new trial. [...] One of the most striking examples is Scott’s Trustees v. Moss[20], where a person responsible for a balloon ascent was held liable for damage done to a cultivated field into which the balloon descended by the crowd which collected.
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405.
Manitoba Metis Federation Inc. v. Canada (Attorney General) - 2013 SCC 14 - [2013] 1 SCR 623 - 2013-03-08
Supreme Court JudgmentsAboriginal law
Civil procedure
[16] A five-member panel of the Manitoba Court of Appeal, per Scott C.J.M., dismissed the appeal: 2010 MBCA 71, 255 Man. R. (2d) 167. [...] The provisional government responded by delegating a priest, Father Ritchot, a judge, Judge Black, and a local businessman named Alfred Scott to go to Ottawa. [...] [218] In the Court of Appeal, Scott C.J.M. noted the trial judge’s finding that the Métis knew of their rights and their entitlement to sue more than six years prior to April 15, 1981.
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406.
R. v. Regan - 2002 SCC 12 - [2002] 1 SCR 297 - 2002-02-14
Supreme Court JudgmentsCriminal law
(R. v. Scott, [1990] 3 S.C.R. 979, at p. 1007) 51 Under the Charter , the violation of specific fair trial rights may also constitute an abuse of process, as will a breach of the more general right to fundamental justice (see O’Connor, at para. 73). [...] Where it appeared that the Crown had abandoned a case before one judge to avoid an unfavourable ruling, and then reinstated charges at a new trial before a new judge, McLachlin J. was quick to point out the affront to the integrity of the system (Scott, supra, at pp. 1008-9): [...] See also R. v. Scott, [1990] 3 S.C.R. 979, per McLachlin J., at pp. 1007-8.
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407.
R. v. Vice Media Canada Inc. - 2018 SCC 53 - [2018] 3 SCR 374 - 2018-11-30
Supreme Court JudgmentsHubbard, Robert W., Peter M. Brauti and Scott K. Fenton. Wiretapping and Other Electronic Surveillance: Law and Procedure. [...] Hutchison, Scott C., et al. Search and Seizure Law in Canada. Toronto: Carswell, 1991 (loose‑leaf updated 2018, release 7). [...] A challenge to an ordinary search warrant or production order by a third party typically occurs by way of certiorari in the Superior Court (Scott C. Hutchison et al., Search and Seizure Law in Canada (loose-leaf), at pp. 16-53 to 16-55).
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408.
R. v. Barros - 2011 SCC 51 - [2011] 3 SCR 368 - 2011-10-26
Supreme Court JudgmentsCriminal law
Referred to: The Trial of Thomas Hardy for High Treason (1794), 24 St. Tr. 199; Marks v. Beyfus (1890), 25 Q.B.D. 494; R. v. Leipert, [1997] 1 S.C.R. 281; R. v. Basi, 2009 SCC 52, [2009] 3 S.C.R. 389; Bisaillon v. Keable, [1983] 2 S.C.R. 60; R. v. Hunter (1987), 57 C.R. (3d) 1; R. v. Scott, [1990] 3 S.C.R. 979; Named Person [...] See Bisaillon v. Keable, [1983] 2 S.C.R. 60; R. v. Hunter (1987), 57 C.R. (3d) 1 (Ont. C.A.); R. v. Scott, [1990] 3 S.C.R. 979; Named Person v. Vancouver Sun, 2007 SCC 43, [2007] 3 S.C.R. 253; Leipert; and Basi. [...] The importance of informer privilege should not be allowed to trump “the right of an individual accused to establish his or her innocence by raising a reasonable doubt as to guilt [which] has always remained paramount” (Scott, at pp. 995-96).
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409.
Starson v. Swayze - 2003 SCC 32 - [2003] 1 SCR 722 - 2003-06-06
Supreme Court JudgmentsProfessional law
Professor Scott Starson a.k.a. Scott Jeffery Schutzman Respondent and [...] 1 The issue in this case is whether the Ontario Consent and Capacity Board acted unreasonably in finding that Scott Jeffery Schutzman (who prefers to be called “Professor Starson” or simply “Starson”) is incapable by reason of mental illness of consenting to treatment under the Health Care Consent Act, 1996, S.O. 1996, c.
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410.
Switzman v. Elbling and A.G. of Quebec - [1957] SCR 285 - 1957-03-08
Supreme Court JudgmentsConstitutional law
Courts
Abraham Feiner, F. R. Scott and J. Perrault, for the defendant, appellant. [...] Mr. Scott, in his able examination of the questions raised, challenged also the validity of ss. 4 et seq. which vest in the Attorney-General the authority to adjudicate upon the commission of the illegal act under s. 3 and to issue the order of closure; but in view of the conclusions reached on the other grounds, the [...] As Mr. Scott put it to us in his very able argument : (1) the motive of this legislation is dislike of communism as being
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411.
M.A. Hanna Company v. The Provincial Bank of Canada - [1935] SCR 144 - 1934-12-12
Supreme Court JudgmentsFinancial institutions
Appellant’s witness E. G. Thompson swears that either Mr. Baile, President of the Susquehanna Collieries Ltd., or Mr. Scott, the attorney of the appellant, said to Mr. [...] On Nov. 11th, W. C. Scott of Cleveland, Ohio, office attorney of the appellant, and John D. Baile of Susquehanna Collieries, Montreal, agent of the appellant, went to Saint John in behalf of the appellant. [...] Scott and Baile do not appear from the evidence to have examined the banking arrangements of Eastern Coal Docks, Limited, any more than did Mr. Wright, and no person connected with the appellant interviewed or wrote
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412.
R. v. Williamson - 2016 SCC 28 - [2016] 1 SCR 741 - 2016-07-08
Supreme Court JudgmentsConstitutional law
Applied: R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631; referred to: R. v. Morin, [1992] 1 S.C.R. 771; R. v. Harrison, 2009 SCC 34, [2009] 2 S.C.R. 494; R. v. Godin, 2009 SCC 26, [2009] 2 S.C.R. 3; R. v. D. (R.), 2008 BCCA 339, 235 C.C.C. (3d) 28; R. v. MacPherson, 2015 ABCA 139, 323 C.C.C. (3d) 428; R. v. Scott, 2015 SKCA [...] v. Scott, 2015 SKCA 144, 333 C.C.C. (3d) 310 (charges of sexual assault and sexual interference involving a child, with a total delay (excluding defence delay) of 31 months); R. v. MacMunn, 2008 ONCA 520, 173 C.R.R. (2d) 242 (charges of accessing, possessing and making child pornography, with a total delay of 27.5 months).
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413.
Daniels v. Canada (Indian Affairs and Northern Development) - 2016 SCC 12 - [2016] 1 SCR 99 - 2016-04-14
Supreme Court JudgmentsConstitutional law
Joseph Eliot Magnet, Andrew K. Lokan and Lindsay Scott, for the appellants/respondents on cross‑appeal. [...] Scott Robertson, for the intervener the Chiefs of Ontario. Paul Seaman and Maxime Faille, for the intervener the Gift Lake Métis Settlement.
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414.
United States of America v. Cobb - 2001 SCC 19 - [2001] 1 SCR 587 - 2001-04-05
Supreme Court JudgmentsConstitutional law
Criminal law
20; R. v. O’Connor, [1995] 4 S.C.R. 411; R. v. Keyowski, [1988] 1 S.C.R. 657; Amato v. The Queen, [1982] 2 S.C.R. 418; R. v. Mack, [1988] 2 S.C.R. 903; R. v. Scott, [1990] 3 S.C.R. 979; R. v. Potvin, [1993] 2 S.C.R. 880; R. v. Power, [1994] 1 S.C.R. 601; R. v. Carosella, [1997] 1 S.C.R. 80; R. v. Campbell, [1999] 1 S.C.R. [...] See also Amato v. The Queen, [1982] 2 S.C.R. 418; R. v. Mack, [1988] 2 S.C.R. 903, at p. 939; R. v. Scott, [1990] 3 S.C.R. 979; R. v. Potvin, [1993] 2 S.C.R. 880; R. v. Power, [1994] 1 S.C.R. 601, at pp. 612-15; R. v. Carosella, [1997] 1 S.C.R. 80, at paras. 52-56; R. v. Campbell, [1999] 1 S.C.R. 565, at paras. 20 to 22;
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415.
Central Okanagan School District No. 23 v. Renaud - [1992] 2 SCR 970 - 1992-09-24
Supreme Court JudgmentsConstitutional law
Karen Scott and Henry S. Brown, Q.C., for the appellant. Robert E. Groves, for the respondent Board of School Trustees, School District No. 23 (Central Okanagan). [...] Solicitors for the appellant: Gaynor, Smith & Scott, Associates, Langley.
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416.
Québec (Communauté urbaine) v. Services de santé du Québec - [1992] 1 SCR 426 - 1992-02-13
Supreme Court JudgmentsCivil procedure
516; St‑Hilaire v. Bégin, [1981] 2 S.C.R. 79; Cégep André Laurendeau v. Adanox Ltée, [1982] C.A. 253; Microlab Inc. v. Dauphin, [1983] C.A. 269; Béland v. Scott, [1983] R.D.J. 456; Longmoor Building Co. (Quebec) Ltd. v. Main Plumbing & Heating Supplies Co., [1984] C.A. 82; Nelson International of Canada Ltd. v. [...] supra; St‑Hilaire v. Bégin, [1981] 2 S.C.R. 79; Cégep André Laurendeau v. Adanox Ltée, [1982] C.A. 253; Microlab Inc. v. Dauphin, [1983] C.A. 269; Béland v. Scott, [1983] R.D.J. 456 (C.A.); Longmoor Building Co. (Quebec) Ltd. v. Main Plumbing & Heating Supplies Co., [1984] C.A. 82; Nelson International of Canada Ltd.
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417.
Canadian Pacific Air Lines Ltd. v. British Columbia - [1989] 1 SCR 1133 - 1989-05-04
Supreme Court JudgmentsCourts
Taxation
Scott, F. R. Comment (1934), 12 Can. Bar Rev. 303. APPEAL from a judgment of the British Columbia Court of Appeal, [1982] B.C.W.L.D. 641, allowing in part an appeal, heard together, from a judgment of Proudfoot J. (with respect to Canadian Pacific Air Lines Ltd. and Pacific Western Airlines Ltd.) and a judgment of Callaghan [...] cases have indicated that the courts would closely scrutinize a tax that in Rand J.'s words "in its essence and purpose is related to a provincial boundary"; see Murphy v. Canadian Pacific Railway Co., [1958] S.C.R. 626, per Rand and Cartwright JJ.; see also a Comment by F. R. Scott (1934), 12 Can. Bar Rev. 303, at p. 308.
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418.
Minister of Revenue (Ontario) v. McCreath - [1977] 1 SCR 2 - 1976-02-25
Supreme Court JudgmentsTaxation
James Scott McCreath, Michelle A. McCreath, Martin R. McCreath, Ralph Scott McCreath, Paul C. McCreath and Annie Franceschini (Defendants) Respondents.
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419.
Beatty and Mackie v. Kozak - [1958] SCR 177 - 1958-01-28
Supreme Court JudgmentsCivil law
Criminal law
In Rudd v. Scott9, an owner of a house had given in charge the plaintiff, employed by a tenant to execute repairs, for pulling down and stealing part of the materials of the house; and in the language of Tindal C.J. the Court could not say that the course pursued by the owner was so wide of the mark that he could not have [...] 9 (1841), 2 Scott, N.R. 631. 10 (1853), 13 C.B. 850, 138 E.R. 1437.
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420.
Grandel v. Mason - [1953] 1 SCR 459 - 1953-04-28
Supreme Court JudgmentsMunicipal law
F. A. Brewin Q.C. and R. Scott for the appellants. A. W. Embury for the respondent. [...] In the Court of Appeal, Sir Wilfrid Greene M.R., with whom Romer L.J. and Scott L.J. agreed, stated at p. 6:
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421.
Wilder v. Minister of National Revenue - [1952] 1 SCR 123 - 1951-12-03
Supreme Court JudgmentsTaxation
Scott L.J. in coming to the conclusion that the annual payments of £250 were capital payments, was influenced by the fact that, in his view, the two annual payments of £1,000 were clearly capital, and it was to be assumed that the payments of £250, being contained in the same clause, were also capital payments in the [...] The circumstance to which Scott L.J. [Page 143] attached importance in Brown’s case is not present in the case at bar which, for the reasons given, is, in my opinion, quite distinguishable from that case.
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422.
The King v. The "Kitty D." - (1904) 34 SCR 673 - 1904-05-04
Supreme Court JudgmentsFishery
"It has been well said by Judge Black of the Quebec Admiralty Court that 'statements as to time and distance in maritime cases are probably more or less erroneous.' And Sir Wm. Scott when dealing with the evidence of estimated distances at sea in the case of the 'Twee Gebroeders'[1] at page 163 says: 'An exact measurement [...] For, as Sir William Scott afterwards said[3] on page 338: 'It is scarcely necessary to observe that a claim of territory is of a most sacred nature.
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423.
Gray v. Coughlin - (1891) 18 SCR 553 - 1891-01-19
Supreme Court JudgmentsPriorities and hypothecs
Scott Q.C. for the respondent cited DeColyar on Guarantees[11]; Brand on Suretyship and Guarantee[12]; Patterson v. Hope[13]; Newton v. Charlton[14]; Farebrother v. Wodehouse[15] Duncan & Co. v. North and South Wales Bank[16]; Forbes v. Jackson[17]. [...] Solicitor for respondent: Henry J. Scott. [1] 16 Ont. App. R. 224; sub-nomine McLellan v. Gray.
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424.
R. v. Marc - [1995] 4 SCR 50 - 1995-11-07
Supreme Court JudgmentsCriminal law
Scott F. Fowler, for the appellant. Luc Labonté and Ronald Leblanc, for the respondent.
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425.
R. v. Tempelaar - [1995] 1 SCR 760 - 1995-03-03
Supreme Court JudgmentsCriminal law
Scott C. Hutchison, for the respondent. //Lamer C.J.// The judgment of the Court was delivered orally by