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401.
Sherman Estate v. Donovan - 2021 SCC 25 - [2021] 2 SCR 75 - 2021-06-11
Supreme Court JudgmentsCourts
The Court of Appeal in our case relied, at para. 10, on H. (M.E.) v. Williams, 2012 ONCA 35, 108 O.R. (3d) 321, in which it was held that “[p]urely personal interests cannot justify non‐publication or sealing orders” (para. 25). [...] Respectfully stated, the emphasis that the Court of Appeal placed on personal concerns as a means of deciding that the sealing orders failed to meet the necessity requirement in this case and in Williams is, I think, mistaken. [...] But I disagree with the Court of Appeal in this case and in Williams that this is because the intrusion only occasions “personal concerns”.
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402.
R. v. Côté - [1996] 3 SCR 139 - 1996-10-03
Supreme Court JudgmentsAction
Constitutional law
Alan Pratt and Paul Williams, for the intervener Chief Robert Whiteduck, on behalf of the Algonquins of Golden Lake First Nation and on behalf of others. [...] Albert Brascoupé and William Commanda (elders of the Desert River Band). [...] The testimony of the historian Dr. Parent, the anthropologists Mr. Deschênes and Mr. Frenette and the two elders William Commando [sic] and Albert Brascoupé is also sufficient for the Court to conclude that this occupation was exclusive to the Algonquins at the time Great Britain took possession.
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403.
Frame v. Smith - [1987] 2 SCR 99 - 1987-09-17
Supreme Court JudgmentsAction
Family law
Keeton, George Williams and L. A. Sheridan. Equity. London: Sir Isaac Pitman & Sons, 1969. [...] Williams, Glanville. "The Foundations of Tortious Liability" (1939), 7 Cambridge Law J. 111. [...] Glanville Williams suggested a compromise between the two viewpoints.
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404.
Valois v. de Boucherville - [1929] SCR 234 - 1929-02-05
Supreme Court JudgmentsEstates
1. William Russell Ross, un cousin, qui allégua qu’il était parent et pauvre et réclama sa part en vertu du testament; [...] Il considère que celle de William Russell Ross, qui réclame une part du legs comme étant l’un des “poor relations” ne peut être accueillie. [...] Mais le juge en chef explique que William Russell Ross ne tombe pas dans la catégorie des “relations” et n’est pas un bénéficiaire en vertu du testament.
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405.
Hechter et al. v. Thurston - [1980] 2 SCR 254 - 1980-10-21
Supreme Court JudgmentsSale
William Samuel Hechter and David William Gordon Reycraft (Plaintiffs) Appellants;
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406.
Sparling v. Royal Trustco Ltd. - [1986] 2 SCR 537 - 1986-11-06
Supreme Court JudgmentsCommercial law
Collingwood, Fraser Matthews Fell, Eric Lyon Hamilton, Conrad Fetherstonaugh Harrington, Frederick William Pryce Jones, Egerton Warren King, Angus Athole MacNaughton, John Frederick McDougall, the Honourable Maurice Riel, John Merton Scholes, David George Waldon, Allan Walters and Marshall Mackenzie Williams Appellants
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407.
Wilson et al. v. Windsor Foundry Co. - (1901) 31 SCR 381 - 1901-05-13
Supreme Court JudgmentsContract
The plaintiffs (appellants), carried on business at Montreal under the style of "A. R. Williams & Co.," and brought the action against the respondent for the price of an engine, ordered by respondents in writing, and other machinery supplied in connection with repairs to the foundry, amounting in all, according to the
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408.
R. v. Barton - 2019 SCC 33 - [2019] 2 SCR 579 - 2019-05-24
Supreme Court JudgmentsCriminal law
That reality was openly acknowledged in R. v. Williams, [1998] 1 S.C.R. 1128, where this Court discussed the “invasive”, “elusive”, and “corrosive” nature of one particular type of bias: racism against Indigenous persons (para. 22). [...] For example, in Williams, this Court recognized that Indigenous people are the target of hurtful biases, stereotypes, and assumptions, including stereotypes about credibility, worthiness, and criminal propensity, to name just a few (para. 28). [...] [231] The undisputed biases against sex-trade workers and against Indigenous peoples can be “as invasive and elusive as they are corrosive” (R. v. Williams, [1998] 1 S.C.R. 1128, at para. 22).
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409.
Allard Contractors Ltd. v. Coquitlam (District) - [1993] 4 SCR 371 - 1993-11-18
Supreme Court JudgmentsConstitutional law
Municipal law
William S. Berardino, Q.C., Charles F. Willms and Helen H. Low, for the appellants. [...] Paul T. McGivern, James M. Lepp and Loreen M. Williams, for the respondent the Corporation of the District of Coquitlam. [...] Thornhill and William Kirkpatrick (for whom the appellant Kirkpatrick was later substituted by order) each challenged Maple Ridge By-law No. 3957-1988.
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410.
Rabey v. R. - [1980] 2 SCR 513 - 1980-07-18
Supreme Court JudgmentsCriminal law
Dr. Glanville Williams’ new book “Textbook of Criminal Law” (1978) is helpful in this discussion, in particular chapter 27. [...] At the conclusion of the discussion on Parnerkar, Williams makes the following comment, particularly apt in the present case: [...] Williams concludes that “On the whole, it would be much better if the courts kept to Lord Denning’s plain rule; the rule in Quick adds nothing to it”.
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411.
Singer and Belzberg v. J.H. Ashdown Hardware Co. Ltd. - [1953] 1 SCR 252 - 1953-03-30
Supreme Court JudgmentsAction
In Parr v. Snell 7, Scrutton L.J. referred to what he has said in Moore v. Flanagan 8, where he adopted as correct what Vaughan Williams J. had stated in Hammond v. Schofield, at p. 457:— [...] On January 6, 1950, the respondent discontinued the said action as against the present appellants and on that date commenced the present action against the appellants and one William Kluner, the Statement of Claim alleging that during the years 1948 and 1949 the defendants had been partners with Barker in the business known [...] That order was confirmed on appeal by Pollock, B. Thomas appealed to the Divisional Court consisting of Wills and Vaughan Williams, JJ. and the appeal was allowed.
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412.
R. v. Clifford - 2017 SCC 9 - [2017] 1 SCR 164 - 2017-02-20
Supreme Court JudgmentsWilliam Scott Clifford Appellant and Her Majesty The Queen Respondent [...] William Scott Clifford Appellant v. Her Majesty The Queen Respondent
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413.
Hudson v. Benallack - [1976] 2 SCR 168 - 1975-10-07
Supreme Court JudgmentsBankruptcy and insolvency
The year after the decision in In re Webb Sir William Mulock C.J. Ex., in Burns v. Royal Bank of Canada[13], reached the opposite conclusion, holding that to constitute a fraudulent preference there must be present two circumstances: a preference in fact and an intention on the part of the debtor to prefer. [...] But a proviso in these words was not carried forward into the later English Bankruptcy Act of 1883 and such a proviso has never formed part of the Canadian Bankruptcy Act. According to Williams on Bankruptcy, 18th ed., p. 382: “...the introduction of the concluding words in the 1883 Act restored the common law rule, with [...] And though there may not have been any express decision on the point upon this legislation in this Court the late Chief Justice, Sir William Ritchie, in Gibbons v. McDonald, at page 589 indicates that in his view there must be
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414.
Moran v. Pyle National (Canada) Ltd. - [1975] 1 SCR 393 - 1973-12-21
Supreme Court JudgmentsCourts
Brenda Elaine Moran in her own right as widow of the late William Franklin Moran, deceased, and Robert William Moran and Todd Michael Moran by their next friend Brenda Elaine Moran (Plaintiffs) Appellants; [...] According to the statement of claim, the averments of which I accept as true solely for the purpose of testing jurisdiction, William Franklin Moran, an electrician employed by International Minerals and Chemical Corporation (Canada) Ltd. was fatally injured at or near the Town of Esterhazy in the Province of Saskatchewan
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415.
Draper v. Jacklyn et al. - [1970] SCR 92 - 1969-10-07
Supreme Court JudgmentsEvidence
Torts
In Gray v. LaFleche[3], Williams C.J.K.B., said at p. 349, when considering whether the plaintiff’s injured member should be exhibited to the jury when in a jury trial: [...] My brother Spence has made reference to the judgment of Williams C.J.K.B., in Gray v. La‑Fleche[14], and to the cases there cited. [...] In that case Chief Justice Williams held that where a plaintiff in a malpractice suit is claiming damages for bodily injuries, he is not entitled to show to the jury injured parts of the body which are not normally exposed, provided however that in the discretion of the trial judge such parts of the body may be exhibited in
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416.
Ruch et al. v. Colonial Coach Lines Limited - [1969] SCR 106 - 1968-10-01
Supreme Court JudgmentsTorts
Ida Ruch and William Ruch (Plaintiffs) Appellants; and Colonial Coach Lines Limited (Defendant) Respondent. [...] By such judgment of the County Court, the plaintiff William Ruch recovered from the defendant the sum of $6,093.85 and the plaintiff Ida Ruch recovered from the defendant the sum of $15,000. [...] The plaintiffs claim from the Defendant damages representing personal injuries sustained by the Plaintiff, Ida Ruch, and out-of-pocket expenses sustained by the Plaintiff, William Ruch.
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417.
Francis v. The Queen - [1956] SCR 618 - 1956-06-11
Supreme Court JudgmentsState
A peace treaty in its primary and legitimate meaning is a treaty concluding a war, "an agreement"—in the words of Sir William Scott in the Eliza Ann and others 7—"to waive all discussion concerning the respective rights to the parties and to bury in oblivion all the original causes of the war." [...] Continuing the administration inaugurated by Sir William Johnson in 1744 and extended to Quebec in 1763, (Canada and Its Provinces, Vol. IV, p. 695 et seq.) ordinances for the welfare of the Indians and the protection of their lands were passed in Lower Canada as early as 1777 and a partial consolidation was [...] In Upper Canada, 5 William IV, c. 9 and 2 Vict., c. 15 provided similar safeguards.
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418.
Paterson Steamships Ltd. v. Ship New York News - [1942] SCR 19 - 1941-10-20
Supreme Court JudgmentsTransportation
owned by Paterson Steamships Limited, collided in Lake Superior, during a dense fog, the visibility being limited to between two and three hundred feet, while proceeding in opposite directions on or about the courses usually followed by ships bound from Port Arthur or Fort William down the Great Lakes, or vice versa. [...] tons of the canal type, having a length of 256 feet over all, which was on a voyage from Port Arthur to Montreal laden with grain; and the Fort Willdoc, a single screw steamship of 4,542 gross tons, having a keel length of 416 feet, which was proceeding light in the opposite direction from Port Col-borne to Fort William. [...] As the learned President of the Exchequer Court of Canada says, both ships were proceeding on or about the courses usually frequented by ships in Lake Superior, bound from Port Arthur or Fort William to eastern Canadian ports on the Great Lakes, and vice versa.
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419.
Sievert v. Brookfield - (1905) 35 SCR 494 - 1905-01-31
Supreme Court JudgmentsOn June 1st, 1882, one William M. Harrington was the owner of the building and premises, and on that date executed a mortgage thereof to one Brenton H. Collins. [...] William M. Harrington subsequently died and the title to the property became vested in one Emily A. Piers, a trustee under the will of the said William M. Harrington.
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420.
Ross v. Hannan - (1891) 19 SCR 227 - 1891-06-22
Supreme Court JudgmentsSale
The plaintiff, present appellant, by his declaration alleged that on the 9th of April 1886, he through William Fuller, sold the defendants 1642 boxes of cheese, then stored on Fuller's premises, at 101⁄2 cents a pound, cash on delivery; that defendant selected, examined and set apart the cheeses, ordered a large number to [...] Les seules questions qui lui ont été faites out rapport à l'agence de William Hannan avec qui Fuller a négocié cette vente. [...] La preuve de l'appelant consiste dans le témoignage de Fuller qui déclare que William Hannan, agissant pour l'intimé, convint d'acheter 1643 boites de fromage de l'intimé à raison de 101⁄2 cts la livre, le fromage devant être pes1⁄2 et le montant du prix établi avant la livraison.
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421.
Confederation Life Ass. Of Canada v. O'Donnell - (1886) 13 SCR 218 - 1886-11-08
Supreme Court JudgmentsInsurance
At the former trial of this action when Allison was examined as a witness, there was no admissible evidence of the payment of the premium beyond the presumption arising from the policy having been in the possession of William O'Donnel at the time of his death and for some time before. [...] It does not come within the principles upon which entries of deceased persons are considered evidence as being against interest, for although as between his father and William O'Donnell himself it was an admission against the interest of the latter, yet as regards the present defendants it was in his own interest and [...] and was the only cash book kept between the two of them, and of a statement made by the plaintiff in his evidence that although Allison after the decease of William A. O'Donnell, upon the occasion of being applied to by the plaintiff for payment of the policy, said that he thought the premium never had been paid, yet that
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422.
Plantation Indoor Plants Ltd. v. A.G. (Alta.) - [1985] 1 SCR 366 - 1985-04-24
Supreme Court JudgmentsConstitutional law
Sale
William Henkel, Q.C., and J. W. McFadzen, for the respondent. The judgment of the Court was delivered by [...] Solicitor for the respondent: William Henkel, Edmonton.
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423.
Halifax Election Cases - (1906) 37 SCR 601 - 1906-10-04
Supreme Court JudgmentsElections
William Roche (Respondent) Respondent. Frederick W. Hetherington (Petitioner) [...] William Roche (Petitioner) Appellant; And Robert L. Borden (Respondent)
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424.
Vanity Fair Silk Mills v. Commissioner of Patents - [1939] SCR 245 - 1938-12-05
Supreme Court JudgmentsIntellectual property
Solicitor for the appellant: William A. MacRae. Solicitor for the respondent: William J. P. O’Meara.
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425.
Liverpool and London and Globe Ins. Co. v. Wyld and Darling - (1877) 1 SCR 604 - 1877-06-28
Supreme Court JudgmentsInsurance
Frederick Wyld And Henry William Darling (Defendants) Respondents. 1877: June. [...] On that very day (the 10th of August) Plaintiffs wrote Hooper as follows: “We beg to advise you that we have added two flats over Mr. Williams’ store, next [...] “We beg to advise you that we have added two flats over Mr. Williams store, next door to our former premises, and that part of our stock is now in these flats.”