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76.
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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77.
Nepean Carleton Developments v. Hope et al. - [1978] 1 SCR 427 - 1976-12-20
Supreme Court JudgmentsContract
Scott Munro Hope and Ruth Hope (Defendants) and Dulmage Boyd Kirkland & Murphy (Third Party) Respondents. [...] The other issues in these appeals, common to both agreements, need be considered therefore only in relation to the Scott Hope agreement. [...] It becomes unnecessary to do so in respect of the Scott Hope agreement since the purchase is to be completed under the direction in these reasons.
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78.
Microcell Communications Inc. et al. v. Mark Frey et al. - 2012-06-28
Applications for LeaveMark Frey, Trudy Betthel, Bryan Pawlachuk, Nathalie Pawlachuk, D & S Homes Ltd., Dorothy Dietz, John Dietz, Neil MacDonald, Neil Woolston, Erik Doucet, Betty Lou Gaudette, Anna Hanson, Julie Elkerton, Gregory Teed, Scott Andrews, David Musarai, Mark Burke, Rozanne Aquin, Jeff Parent, Corey Oppebeon, John Fearon, Nevin [...] Mark Frey, Trudy Betthel, Bryan Pawlachuk, Nathalie Pawlachuk, D & S Homes Ltd., Dorothy Dietz, John Dietz, Neil MacDonald, Neil Woolston, Erik Doucet, Betty Lou Gaudette, Anna Hanson, Julie Elkerton, Gregory Teed, Scott Andrews, David Musarai, Mark Burke, Rozanne Aquin, Jeff Parent, Corey Oppebeon, John Fearon, Nevin [...] Mark Frey, Trudy Betthel, Bryan Pawlachuk, Nathalie Pawlachuk, D & S Homes Ltd., Dorothy Dietz, John Dietz, Neil MacDonald, Neil Woolston, Erik Doucet, Betty Lou Gaudette, Anna Hanson, Julie Elkerton, Gregory Teed, Scott Andrews, David Musarai, Mark Burke, Rozanne Aquin, Jeff Parent, Corey Oppebeon, John Fearon, Nevin
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79.
Laura MacNutt/PIER 101 Home Designs Inc. v. Acadia University, et al. - 2018-04-19
Applications for Leave - DismissedAcadia University, T.A. Scott Architecture + Design Limited (3278638) and [...] Troy Scott Respondents ENTRE : Laura MacNutt/PIER 101 Home Designs Inc. [...] Acadia University, T.A. Scott Architecture + Design Limited (3278638) et
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80.
Grand Trunk Pacific Coast Steamship Co. v. Victoria-Vancouver Stevedoring Co. - (1918) 57 SCR 124 - 1918-06-25
Supreme Court JudgmentsContract
Held, that Scott, at the time he was injured, was performing labour embraced in the agreement. [...] It was also alleged that the stevedoring agreement had been terminated before Scott was injured. [...] The agreement must therefore be deemed to have been in force when Scott was injured.
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81.
Toronto General Trusts Corporation v. The Minister of National Revenue - [1958] SCR 499 - 1958-06-26
Supreme Court JudgmentsEstates
In re Scott, Deceased, [1901] 1 K.B. 228, disapproved and distinguished. [...] In re Scott, Deceased6, where a double estate duty was held to be payable, is another extreme example. [...] Serious doubts have been expressed whether In re Scott was correctly decided.
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82.
Ontario English Catholic Teachers' Assn. v. Ontario (Attorney General) - 2001 SCC 15 - [2001] 1 SCR 470 - 2001-03-08
Supreme Court JudgmentsConstitutional law
In Ontario, at the time of Confederation, the Scott Act gave separate school trustees the same powers and duties as common school trustees. [...] The Scott Act established local taxation and provincial grants as two funding mechanisms. [...] As the majority also pointed out in Adler, supra, at para. 43, the preamble of the Scott Act is clear on this issue:
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83.
Mohammed Al-Ghamdi v. College and Association of Registered Nurses of Alberta, et al. - 2021-02-25
Applications for Leave - DismissedRita Young, Gail Coristine, Tracey Rice, Chris Bowes, Don Hunt, David Dawson, Doug Perry, Bryce Henderson, Carol Rowntree, Oluwatosin Akindapo Akinbiyi, Scott Wesley Wiens, Saifee Rashiq, Ivan Bernardo, Miller Thomson Law Firm, Corne Booysen, Alika Lafontaine, Chantelle Peter, Carin Strydom, Robert K. Staples, Ronald [...] Wendorf, Deb Magusin, Ferne Lacey-Shor, Jill Keddie, Denise Giebelhaus-Graw, Jill Lynk, Sheila Dorschied, Alan Hansen, Jody Fredrickson, Doug Parsons, Beatrice Scott, Melissa Thompson, Michelle Tolton, Carol Uhryn, Kerianne Dunlap, Atara Hustler, Stephanie Malekoff, Barb Vanachte, Desire Pullishy, Ginger Krause, Heather [...] Wendorf, Deb Magusin, Ferne Lacey-Shor, Jill Keddie, Denise Giebelhaus-Graw, Jill Lynk, Sheila Dorschied, Alan Hansen, Jody Fredrickson, Doug Parsons, Beatrice Scott, Melissa Thompson, Michelle Tolton, Carol Uhryn, Kerianne Dunlap, Atara Hustler, Stephanie Malekoff, Barb Vanachte, Desire Pullishy, Ginger Krause, Heather
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84.
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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85.
City of Montreal v. Salaison Maisonneuve Ltée - [1954] SCR 117 - 1954-04-01
Supreme Court JudgmentsMunicipal law
The words “unable to prevent the damage complained of” in the Article mean “unable by reasonable means”; per Lord Dunedin, in Montreal v. Watt and Scott 6. [...] On this aspect of the case the facts are different from those in Watt and Scott’s case in which, moreover, certain by-laws of the city were put in evidence. [...] Comme la grande majorité des Juges des Cours inférieures, il m’est impossible de distinguer cette cause de celle de City of Montreal v. Watt and Scott, Limited.
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86.
Township of Cornwall v. Ottawa and New York Rway. Co. - (1916) 52 SCR 466 - 1916-02-14
Supreme Court JudgmentsAppeal
Mr. Scott: Yes, there is no dispute as to the facts. It is purely a question of law. [...] Mr. Scott: Yes, nothing turns on the question of the parties; I represent them all. [...] Solicitors for the respondents: Ewart, Scott, Maclaren & Kelly. [1] 34 Ont. L.R. 55.
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87.
671122 Ontario Ltd. v. Sagaz Industries Canada Inc. - 2001 SCC 59 - [2001] 2 SCR 983 - 2001-09-28
Supreme Court JudgmentsCriminal law
Torts
Evidence which is not presumptively credible may fail to probably change the result under the first branch of the test in Scott. [...] Although the determination in Ladd was made under the third branch of the test applied in that case, a branch that is absent from the two-part test in Scott, the application of the Scott test to the situation of a “recanting liar” has the same result in this case. [...] 65 The court in Scott mandated that both branches of the test to reopen a trial to admit fresh evidence must be met.
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88.
Rosa Everett, et al. v. Keith McCaskill, et al. - 2016-06-02
Applications for LeaveRosa Everett, Keith Merasty, Rosa Everett as litigation guardian of Precious Everett-Scott, Rosa Everett as litigation guardian of Lucas Scott and Rosa Everett as litigation guardian of Brandon Scott [...] Rosa Everett, Keith Merasty, Rosa Everett en sa qualité de tutrice à l’instance de Precious Everett-Scott, Rosa Everett en sa qualité de tutrice à l’instance de Lucas Scott et Rosa Everett en sa qualité de tutrice à l’instance de Brandon Scott
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89.
Lewis v. Wilson - (1897) 28 SCR 207 - 1897-12-09
Supreme Court JudgmentsContract
John J. Scott for the respondents, the W.E. Sanford Manufacturing Company. [...] Mr. Scott, who was aware of all the circumstances, had not given Mr. Wilson any further information upon the subject than I have stated, Mr. Wilson having the fullest confidence that so far as he was concerned, Mr. Scott’s assurance that he would be fully protected was all that was necessary. [...] Solicitors for the respondents, The W.E. Sanford Manufacturing Company: Scott, Lees & Hobson.
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90.
In Re The Chief Justice of Alberta - (1922) 64 SCR 135 - 1922-05-02
Supreme Court JudgmentsStatutes
To the second question:—The letters patent of the 15th September, 1921, nominating Honourable Mr. Scott Chief Justice of Alberta are wholly ineffective. [...] On the same day, the 15th September, 1921, the Governor General, by commission under the Great Seal of Canada, appointed the Honourable David Lynch Scott described as [...] Notice of the hearing under this reference was given by order of the court to the Hon. Horace Harvey and to the Hon. David Lynch Scott, as well to the Attorney-General of Alberta.
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91.
The Queen v. Suchard - [1956] SCR 425 - 1956-03-28
Supreme Court JudgmentsCriminal law
The charges were tried in Magistrate’s Court and were dismissed against Scott and Hickey, no evidence being offered as against the latter. [...] In the upshot, following a telephone call made by Scott, the four drove to a parking lot, where Jones handed the rings to Scott for the purpose of showing them presumably to the person to whom he had spoken. [...] The party got back into the car and started back for the hotel, Scott giving the rings back to Jones.
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92.
Ontario Home Builders' Association v. York Region Board of Education - [1996] 2 SCR 929 - 1996-08-22
Supreme Court JudgmentsConstitutional law
Criminal law
C. 1863, 26 Vict., c. 5 ("Scott Act"), ss. 14, 20. Building Code Act, R.S.O. 1990, c. B.13. [...] Section 20 of the Scott Act 70 The appellants cite s. 20 of the Scott Act as the source of the right to a proportionate share of all public monies. [...] Section 14 of the Scott Act 75 The appellants cite s. 14 of the Scott Act as the source of the right of separate school supporters to be exempt from paying assessments for public school purposes.
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93.
Canadian Pacific Ry. Co. v. Robinson - (1887) 14 SCR 105 - 1887-06-20
Supreme Court JudgmentsTorts
"The Court allows ten minutes in order to give time" to said Charles Scott to appear before this Court and " give his evidence. [...] "The time allowed by the Court to permit witness " Scott to appear having expired, the enquête of defendants is declared closed. [...] C. Scott's affidavit is as follows : Charles Scott, of Philadilphia, in the state of Pennsylvania, one of the United States of America, manufacturer. being duly sworn, doth depose and say:—
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94.
City of Montreal v. Lesage - [1923] SCR 355 - 1923-04-03
Supreme Court JudgmentsMunicipal law
Quebec R.L.H. & P. Co. v. Vandry ([1920] A.C. 662) and The City of Montreal v. Watt & Scott ([1922] 2 A.C. 555) followed; and in order to bring itself within the exculpatory clause of article 1054 C.C., it is not sufficient for the appellant to prove that the cause of the bursting is unknown. [...] Et dans une cause encore plus récente, décidée par le conseil privé, savoir celle de City of Montreal v. Watt & Scott[8], le conseil privé a maintenu le principe qu'il avait énoncé dans la cause de Vandry (2), en y ajoutant cependant ceci:— [...] Since the judgment of the Court of King's Bench was rendered, their Lordships of the Judicial Committee in City of Montreal v. Watt & Scott, Limited[11], explained the meaning of their decision in the Vandry Case (1), and said at p. 563:—
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95.
Canada (Attorney General) v. Bedford - 2013 SCC 72 - [2013] 3 SCR 1101 - 2013-12-20
Supreme Court JudgmentsConstitutional law
Courts
Terri Jean Bedford, Amy Lebovitch and Valerie Scott Respondents/Appellants on cross-appeal [...] Terri Jean Bedford, Amy Lebovitch and Valerie Scott Respondents/Appellants on cross-appeal [...] Valerie Scott Respondents/Appellants on cross‐appeal and Attorney General of Quebec,
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96.
Reference re Bill 30, An Act to Amend the Education Act (Ont.) - [1987] 1 SCR 1148 - 1987-06-25
Supreme Court JudgmentsConstitutional law
The Scott Act gave separate school trustees the same powers and duties as common school trustees. [...] Ian Scott, Q.C., Blenus Wright, Q.C., John Cavarzan, Q.C., and Peter W. Hogg, Q.C., for the Attorney General for Ontario. [...] This hardly seems consonant with the purpose of the Scott Act, which, as stated in its preamble, was to:
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97.
Canadian Tire Corporation Ltd. v. Samson-United of Canada Ltd. et al. - [1940] SCR 386 - 1940-04-23
Supreme Court JudgmentsIntellectual property
W. L. Scott K.C. and Cuthbert Scott for the appellant. M. Crabtree K.C. and E. G. Gowling for the respendents. [...] I do not discuss it further but this in no way implies any disrespect to the able and careful argument of Mr. Scott. [...] Solicitors for the appellant: Ewart, Scott, Kelley, Scott & Howard. Solicitors for the respondents: Crabtree & McKee.
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98.
R. v. Steele - 2014 SCC 61 - [2014] 3 SCR 138 - 2014-10-09
Supreme Court JudgmentsCriminal law
B. Manitoba Court of Appeal, 2013 MBCA 21, 288 Man. R. (2d) 304 (per Scott C.J.M. and Beard and Monnin JJ.A.) [...] [16] The Manitoba Court of Appeal, per Scott C.J.M., unanimously upheld McKelvey J.’s decision. [...] [18] In this regard, Scott C.J.M. approved the approach adopted in Thompson, at para. 28:
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99.
Hodgins v. Hydro-Electric Commission of Nepean - [1976] 2 SCR 501 - 1975-10-07
Supreme Court JudgmentsTorts
This finding is based upon the evidence given at trial by Mr. Runions and also by Mr. William L. Scott, a professional engineer and the manager of the Ontario Electrical League. [...] Mr. Scott testified that had he been called upon to perform the task requested from Mr. Runions he would have made the same calculation and arrived at the same result. [...] Solicitors for the appellant: Scott & Aylen, Ottawa. Solicitors for the respondent: Bell, Baker, Thompson, Oyen & Webber, Ottawa.
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100.
E. T. Wright, Ltd. v. The Adams & Westlake Co. - [1929] SCR 81 - 1928-12-05
Supreme Court JudgmentsIntellectual property
As to that, Mr. Scott contends that there is no evidence of importation between those dates. [...] Mr. Fetherstonhaugh did not challenge that statement of Mr. Scott, and failed to point out any such evidence. [...] Solicitors for the respondents: Ewart, Scott, Kelley & Kelley. [1] [1928] Ex. C.R. 112.