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1,094 result(s)
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151.
Ultravite Laboratories Ltd. v. Whitehall Laboratories Ltd. - [1965] SCR 734 - 1965-06-24
Supreme Court JudgmentsIntellectual property
Cuthbert Scott, Q.C., and D. W. Scott for the respondent. The judgment of the Court was delivered by [...] Solicitors for the respondent: Scott & Aylen, Ottawa. [1] [1964] Ex. C.R. 913, 26 Fox Pat. C. 177, 42 C.P.R. 3.
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152.
Bulletin Co. v Sheppard - (1917) 55 SCR 454 - 1917-06-22
Supreme Court JudgmentsTorts
Mr. Justice Scott reports that the general increase of crime, which is the usual accompaniment of such a condition, is not traceable till about early February and so continued until the investigation. [...] The most pitiable thing in this case is the respondent's story of all he ever did to put a stop to this carnival of vice that Mr. Justice Scott's report sets forth as existent. [...] I put aside the alleged libels on the plaintiff in connection with matters dealt with by the report made by Mr. Justice Scott, who had held a judicial investigation into the manner in which the "social evil" had been dealt with by the city council and the police of Edmonton.
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153.
Tanguay v. Canadian Electric Light Co. - (1908) 40 SCR 1 - 1908-02-18
Supreme Court JudgmentsMaritime law
(Beaudry-Lacantinerie, Des Biens, no. 174; Attorney-General of Quebec v. Scott[6]. [...] De la jonction Scott jusqu'à la chûte, suite de rapides. Dans l'été, à eau basse, il n'y a de navigable ou de flottable que la partie de St. François à la jonction Scott. [...] The plaintiff's property is between "la jonction Scott" and "la chûte."
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154.
Union Bank of Canada v. Phillips and Boulter Waugh Ltd. - (1919) 58 SCR 385 - 1919-03-17
Supreme Court JudgmentsStatutes
In the course of events attendant upon the said several assignments, one Scott Barlow, who had become one of the said several assignees, as trustee for respondent company, registered a caveat on the 5th of June, 1913. [...] obtained from Phillips a mortgage upon the said lands and having had, when doing so, knowledge of the said caveat filed by Scott Barlow, the appellant is held by the court below to have committed a fraud and thereby is deprived of its rights as such mortgagee. [...] In May, 1913, Phillips, being indebted to Boulter Waugh and Company, Limited (now represented by the respondent), assigned his interest in the agreement for sale to the said company, which immediately transferred its interest to its credit manager, Mr. Scott Barlow, in trust for the company.
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155.
R. v. Zundel - [1992] 2 SCR 731 - 1992-08-27
Supreme Court JudgmentsConstitutional law
Criminal law
Scott, F. R. "Publishing False News" (1952), 30 Can. Bar Rev. 37. Seidel, Gill. [...] Scott suggests that it may have been no more than oversight, with no one in Canada being aware that the English provision had been repealed four years previously: see Scott, supra, at p. 40. [...] See F. R. Scott, "Publishing False News" (1952), 30 Can. Bar Rev. 37, at p. 40.
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156.
Annapolis County District School Board v. Marshall - 2012 SCC 27 - [2012] 2 SCR 84 - 2012-06-07
Supreme Court JudgmentsTorts
Scott C. Norton, Q.C., G. Grant Machum, Sara Scott and Scott R. Campbell, for the appellants/respondents on cross‑appeal.
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157.
Commissioner of Patents v. Air Reduction Co. - [1939] SCR 358 - 1939-06-27
Supreme Court JudgmentsIntellectual property
W. L. Scott K.C. for the appellant. E. G. Gowling and G. F. Henderson for the respondent. [...] Solicitors for the appellant: Ewart, Scott, Kelley, Scott & Howard. Solicitors for the respondent: Henderson, Herridge, Gowling & MacTavish.
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158.
Reference Re Authority to Perform Functions Vested by Adoption Act, The Children of Unmarried Parents Act, The Deserted Wives' and Children's Maintenance Act of Ontario - [1938] SCR 398 - 1938-06-23
Supreme Court JudgmentsConstitutional law
W. L. Scott K.C. for the Canadian Welfare Council. The reasons for the answers aforesaid were delivered by [...] The distinction is well brought out in a passage in a judgment of Lord Atkin in Hyman v. Hyman[39], cited in Mr. Scott's factum: [...] Solicitors for The Canadian Welfare Council: Ewart, Scott, Kelley, Scott & Howard.
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159.
R. v. Nahanee - 2022 SCC 37 - 2022-10-27
Supreme Court JudgmentsCriminal law
Matthew G. Scott and Mila Shah, for the respondent. John Walker and Jessica Lawn, for the intervener the Director of Public Prosecutions. [...] Notifying the parties can be as simple as saying: I am considering imposing a higher sentence than the Crown is seeking due to the seriousness of this offence (see, e.g., R. v. Scott, 2016 NLCA 16, 376 Nfld. [...] In R. v. Scott, 2016 NLCA 16, 376 Nfld. & P.E.I.R. 167, at para. 37, Rowe J.A. (as he then was) recognized this point, stating:
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160.
Home Appliances Mfg. Co. v. The Oneida Community - [1923] SCR 570 - 1923-12-31
Supreme Court JudgmentsIntellectual property
W. L. Scott K.C. for the respondent. The word "Community" has become so identified with respondent's goods that any use of it by other manufacturers is calculated to deceive. [...] W. L. Scott K.C. for the respondent. The Chief Justice.—I am of the opinion that this appeal should be dismissed with costs. [...] Solicitors for the respondent: Ewart, Scott, Kelley & Kelley. [1] [1923] Ex. C.R. 44.
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161.
Cloaks Ltd. v. Cooperberg and Davis - [1959] SCR 785 - 1959-10-06
Supreme Court JudgmentsTorts
Under art. 1054 the law is well settled that a person who has a thing under his care may be relieved of responsibility for damages caused by it by showing that he was unable by reasonable means to prevent the damage: Quebec Railway Light, Heat and Power Co. Limited v. Vandry3; City of Montreal v. Watt and Scott Limited4. [...] le même tribunal dans la cause de La Ville de Montréal v. Watt and Scott Limited7. [...] He can exculpate himself by proving that he was unable by reasonable means to prevent the damage complained of—Quebec Railway, Light, Heat and Power Co. Ltd. v. Vandry8 and Watt and Scott v. The City of Montreal9.
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162.
Colpron v. The Canadian National Ry. Co. - [1934] SCR 189 - 1934-01-26
Supreme Court JudgmentsTorts
Quebec R.L.H. & P. Co. v. Vandry ([1920] A.C. 662) and City of Montreal v. Watt & Scott Ltd. ([1922] 2 A.C. 555) foll. [...] In the City of Montreal v. Watt and Scott, Ltd.2, the Judicial Committee, speaking through Lord Dunedin, placed upon this clause an authoritative interpretation. [...] Le Conseil Privé dans Cité de Montréal v. Watt Scott Ltd.[4], a complété cette décision en ajoutant qu’il suffisait de prouver que la défenderesse n’avait pu empêcher le dommage “par des moyens raisonnables”.
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163.
English and Laing v. Richmond et al. - [1956] SCR 383 - 1956-03-02
Supreme Court JudgmentsMotor vehicles
Furthermore, since the trial had proceeded on the footing that there was no objection by counsel for the appellants to what had been done, it was too late thereafter to raise the objection that the order dispensing with the jury had been improperly made (Scott v. Fernie Lumber Co. (1904) 11 B.C.R. 91 at 96 referred to). [...] In Scott v. Fernie Lumber Company[9], Duff J. (as he then was) delivering the judgment of the full Court of British Columbia, referred to:— [...] I wish to make it clear that I do not question the accuracy of the rule quoted by my brother Locke from the judgment in Scott v. Fernie Lumber Company[12], but only its application to the facts of the case before us.
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164.
Grand Trunk Ry. Co. of Canada v. Murphy - [1924] SCR 101 - 1923-12-31
Supreme Court JudgmentsTorts
H.J. Scott K.C. for the respondent. THE CHIEF JUSTICE.—This is an appeal from the judgment of the Appellate Division of the Supreme Court of Ontario composed of four judges, the Chief Justice of the Common Pleas, and Middleton, Latchford and Logie JJ. The Chief Justice and Middleton J. were to allow the appeal from the [...] The decisions in the cases of Glasscock v. London, Tilbury & Southend Railway[5]; Readhead v. Midland Railway Co.[6]; Scott v. London Dock Co.[7]; Bridges v. North London Railway Co.[8], cited by respondent’s counsel, are much more in point. [...] In his factum, Mr. Scott says:— The defendants brought about a dangerous situation to the plaintiff by telling him that the next station or the next stopping place was the place where the plaintiff desired to alight and then stopped the train without warning him that his destination had not been reached.
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165.
Attorney-General of Quebec v. Fraser / Attorney-General of Quebec v. Adams - (1906) 37 SCR 577 - 1906-10-17
Supreme Court JudgmentsProperty law
Attorney-General v. Scott([21]); City of Hull v. Scott([22]), at p. 171; Bell v. Corporation of Quebec([23]).The arguments in respect to making the respondent Adams a party are not mentioned as the question is not discussed in the judgment now reported. [...] Plocque, Nos. 4 and 5; 1 Gaudry, Traité du Domaine ([26]), No. 121; 14 Bequet, "Eaux," Nos. 567/574, 575; 2 Beaudrillart, "Eaux et Forêts,' p. 739; 2 Daviel, p. 23; 3 Proudhon, pp. 726, 727; 3 Proudhon, Nos. 857, 859, 860; Bell v. Corporation of Quebec([27]); Thompson v. Hurdman([28]), pp. 59-69; Attorney-General v. Scott [...] En effet, une rivière comme la rivière Saint-Charles, qui une fois ou deux pendant Tannée ,dans les plus hautes marées lorsque le volume de ses eaux sera considérablement augmenté par la fonte des neiges du printemps ou les pluies abond-' antes de l'automne, permettra à un bateau de se rendre jusqu'au pont de Scott,
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166.
Molchan v. Omega oil and Gas Ltd. - [1988] 1 SCR 348 - 1988-02-25
Supreme Court JudgmentsContract
Courts
Scott, Austin Wakeman. Law of Trusts, vol. 2A, 4th ed. By Austin Wakeman Scott and William Franklin Fratcher. [...] 38. Scott on Trusts (4th ed. 1987), at p. 339, states that in certain special circumstances a court of equity may approve a sale of trust assets to a trustee: [...] My colleague relies on various American authorities cited in Scott on Trusts, vol. 2A (4th ed. 1987), at p. 339, where it is stated:
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167.
Denman v. Clover Bar Coal Co. - (1913) 48 SCR 318 - 1913-10-14
Supreme Court JudgmentsCommercial law
W. L. Scott, for respondents, moved to quash the appeal, for want of jurisdiction on the ground that the judgment appealed from, though final in regard to some of the issues, left other issues undecided upon the reference to the master for taking accounts and assessment of damages. [...] At the same time, in case it was held that there was jurisdiction, Mr. Scott moved for an order giving him leave to amend the cross-appeal by the respondents on their counterclaim against the appellant. [...] J. H. Leech K.C. and W. L. Scott for the respondents. THE CHIEF JUSTICE agreed with Anglin J.
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168.
Nevsun Resources Ltd. v. Araya - 2020 SCC 5 - [2020] 1 SCR 166 - 2020-02-28
Supreme Court JudgmentsHathaway, Oona A., and Scott J. Shapiro. The Internationalists: How a Radical Plan to Outlaw War Remade the World. [...] Scott, Craig. “Translating Torture into Transnational Tort: Conceptual Divides in the Debate on Corporate Accountability for Human Rights Harms”, in Craig Scott, ed., Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation. [...] “Characterisation, Choice of Law and Human Rights”, in Craig Scott, ed., Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation.
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169.
Schmidt v. Air Products Canada Ltd. - [1994] 2 SCR 611 - 1994-06-09
Supreme Court JudgmentsPensions
Scott, Austin Wakeman. The Law of Trusts, 4th ed., vol. 4. Boston: Little, Brown, 1989. [...] This disagreement is said to derive from the conflicting views expressed in Waters, Law of Trusts in Canada (2nd ed. 1984) and Scott, The Law of Trusts (4th ed. 1989), vol. 4. [...] I can do no better than echo the query of Scott J.: "How can a resulting trust work as between the various employees inter se?
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170.
Reference re An Act respecting First Nations, Inuit and Métis children, youth and families - 2024 SCC 5 - 2024-02-09
Supreme Court JudgmentsConstitutional law
Scott A. Smith, for the interveners the Carrier Sekani Family Services Society, the Cheslatta Carrier Nation, Nadleh Whuten, the Saik’uz First Nation and the Stellat’en First Nation. [...] In Scott, for example, an Ontario statute incorporated both current and future English rules related to the enforcement of spousal and child support orders. [...] For example, the legislative body cannot abdicate its legislative role: it cannot permit another entity “to enact general, or generally, laws” for it (Scott, at p. 143; see also Finkelstein, at p. 43).
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171.
Endean v. British Columbia - 2016 SCC 42 - [2016] 2 SCR 162 - 2016-10-20
Supreme Court JudgmentsCourts
(2d) 113; Vancouver Sun (Re), 2004 SCC 43, [2004] 2 S.C.R. 332; Named Person v. Vancouver Sun, 2007 SCC 43, [2007] 3 S.C.R. 253; Canadian Broadcasting Corp. v. Canada (Attorney General), 2011 SCC 2, [2011] 1 S.C.R. 19; Scott v. Scott, [1913] A.C. 417; Edmonton Journal v. Alberta (Attorney General), [1989] 2 S.C.R. 1326. [...] As this Court has previously remarked, “[p]ublicity is the very soul of justice”: C.B.C. v. New Brunswick, at para. 21, quoting Scott v. Scott, [1913] A.C. 417 (H.L.), at p. 477; Vancouver Sun (Re), at para. 24; Named Person, at para. 31. [...] [2] Ontario, Official Report of Debates (Hansard), 2nd Sess., 34th Parl., June 12, 1990 (online), at 13:50, Hon. Mr. Scott observed that class action legislation builds on the work of the Ontario Law Reform Commission.
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172.
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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173.
R. v. Hinse - [1995] 4 SCR 597 - 1995-11-30
Supreme Court JudgmentsAction
Appeal
R. v. Terlecki (1983), 4 C.C.C. (3d) 522, aff'd [1985] 2 S.C.R. 483; R. v. Provo, [1989] 2 S.C.R. 3; R. v. Sullivan, [1991] 1 S.C.R. 489; R. v. Barnes, [1991] 1 S.C.R. 449; R. v. Jewitt, [1985] 2 S.C.R. 128; R. v. Keyowski, [1988] 1 S.C.R. 657; R. v. Mack, [1988] 2 S.C.R. 903; R. v. Conway, [1989] 1 S.C.R. 1659; R. v. Scott [...] See, e.g., R. v. Keyowski, [1988] 1 S.C.R. 657, at pp. 658-59; R. v. Mack, [1988] 2 S.C.R. 903, at p. 941; R. v. Conway, [1989] 1 S.C.R. 1659, at p. 1667; and R. v. Scott, [1990] 3 S.C.R. 979, at pp. 992-93. [...] In other words, notwithstanding the broad remedial language of s. 686(8) , both trial and appellate courts may only impose a stay of proceedings for abuse of process in accordance with the principles and limits we have set out in Jewitt, Keyowski, Mack, Conway, and Scott.
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174.
Barrette v. Crabtree Estate - [1993] 1 SCR 1027 - 1993-03-25
Supreme Court JudgmentsCommercial law
Distinguished: Schwartz v. Scott, [1985] C.A. 713; Meyers v. Walters Cycle Co. (1990), 85 Sask. [...] As Beauregard J.A. pointed out in Schwartz v. Scott, supra, at pp. 716‑17: [...] In support of their arguments the appellants cited the Quebec Court of Appeal in Schwartz v. Scott, supra, and the Saskatchewan Court of Appeal in Meyers v. Walters Cycle Co. (1990), 85 Sask.
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175.
Laane & Baltser v. Estonian S.S. Line - [1949] SCR 530 - 1949-02-28
Supreme Court JudgmentsInternational law
Upon appeal before Lord Justice Scott, Lord Justice Tucker and Lord Justice Cohen 4, the judgment of Mr. Justice Atkinson was upheld. [...] I quite agree that the decision in the Jupiter (No. 3), 12, was dealing with a decree which the Court found did not even purport to have extra-territorial operation, but the reasoning of the Lord Ordinary in Government of Republic of Spain v. National Bank of Scotland 13, and that of Lord Justice Scott in A/S Tallinna [...] In the view of Scott L.J., at p. 111, the legislation, had it been proved, was to be regarded as penal and non-enforceable.