Advanced Search
- All Databases (2,511)
- Decisions (1,094)
- Resources (1,417)
1,094 result(s)
-
451.
R. v. Ladouceur - [1990] 1 SCR 1257 - 1990-05-31
Supreme Court JudgmentsConstitutional law
Ct. J.) dismissing an appeal from conviction by Scott J.P. Appeal dismissed. [...] The appellant was tried on November 15, 1982 before Justice of the Peace Scott. [...] Scott J.P. held that, on the basis of s. 19 of the Highway Traffic Act, police officers have the authority to randomly stop automobiles without any suspicion of unlawful activity in order to require the driver to produce his driver's licence and identification.
-
452.
Reference re ss. 193 and 195.1(1)(C) of the criminal code (Man.) - [1990] 1 SCR 1123 - 1990-05-31
Supreme Court JudgmentsConstitutional law
Criminal law
Further, the position in Hoffman Estates, supra, was adopted and followed by the Ontario Court of Appeal in R. v. Morgentaler, Smoling and Scott (1985), 52 O.R. (2d) 353, at pp. 387‑88. [...] The Ontario Court of Appeal in R. v. Morgentaler, Smoling and Scott, supra, said the following at p. 388:
-
453.
R. v. Lavallee - [1990] 1 SCR 852 - 1990-05-03
Supreme Court JudgmentsCriminal law
Evidence
APPEAL from judgment of the Manitoba Court of Appeal (1988), 52 Man. R. (2d) 274, 44 C.C.C. (3d) 113, 65 C.R. (3d) 387, allowing an appeal from acquittal by Scott A.C.J.Q.B. sitting with jury. [...] Manitoba Queen's Bench (Scott A.C.J.Q.B.) After Dr. Shane testified and was cross-examined Crown counsel brought an application to have the evidence of Dr. Shane withdrawn from the jury.
-
454.
R. v. Greffe - [1990] 1 SCR 755 - 1990-04-12
Supreme Court JudgmentsConstitutional law
Lorne W. Scott, Q.C., and Terrence Semenuk, for the appellant. B. A. MacFarlane, Q.C., and Shelagh R. Creagh, for the respondent. [...] Mr. Scott [Defence Counsel]: My Lord, I admit that statement only for the obvious purpose that that is the basis. [...] Mr. Scott: Very good, I just wanted to put that on the record. Thank you.
-
455.
Starr v. Houlden - [1990] 1 SCR 1366 - 1990-04-05
Supreme Court JudgmentsConstitutional law
Hon. Mr. Scott, Hansard, June 12, 1989, at p. 1135. However, it quickly became apparent that the matter was far from being so limited in its nature, scope, or effect. [...] Let me say that the Attorney General (Mr Scott) is reflecting on those broad terms of interest.
-
456.
Thomson Newspapers Ltd. v. Canada (Director of Investigation and Research, Restrictive Trade Practices Commission) - [1990] 1 SCR 425 - 1990-03-29
Supreme Court JudgmentsCompetition law
Constitutional law
Evidence
731; Irvine v. Canada (Restrictive Trade Practices Commission), [1987] 1 S.C.R. 181; R. v. Stewart, [1988] 1 S.C.R. 963; R. v. Beare, [1988] 2 S.C.R. 387; R. v. N.M. Paterson and Sons Ltd., [1980] 2 S.C.R. 679; R. v. Coote (1873), L.R. 4 P.C. 599; R. v. Sloggett (1856), Dears. 656, 169 E.R. 885; R. v. Scott (1856), Dears. [...] It was not unusual for answers given unawares to be later used against the witness: see R. v. Sloggett (1856), Dears. 656, 169 E.R. 885, and R. v. Scott (1856), Dears.
-
457.
Mahe v. Alberta - [1990] 1 SCR 342 - 1990-03-15
Supreme Court JudgmentsConstitutional law
Stephen A. Scott and Kathleen Weil, for the intervener Alliance Quebec. [...] Solicitor for the intervener Alliance Quebec: Stephen A. Scott, Montréal.
-
458.
R. v. Storrey - [1990] 1 SCR 241 - 1990-02-15
Supreme Court JudgmentsConstitutional law
The vital importance of the requirement that the police have reasonable and probable grounds for making an arrest and the need to limit its scope was well expressed in Dumbell v. Roberts, [1944] 1 All E.R. 326 (C.A.), wherein Scott L.J. stated at p. 329:
-
459.
Rawluk v. Rawluk - [1990] 1 SCR 70 - 1990-01-25
Supreme Court JudgmentsFamily law
Trust
As stated in Scott, The Law of Trusts, vol. 5 (4th ed. 1989), at p. 304: [...] Professor Scott has stated in Law of Trusts, op. cit., at pp. 323-24, that: [...] Scott views the trust as being in force from the outset, with a discretion in the court as to whether it should be enforced: Scott, op.cit., {SS} 462.2.
-
460.
Edmonton Journal v. Alberta (Attorney General) - [1989] 2 SCR 1326 - 1989-12-21
Supreme Court JudgmentsConstitutional law
v. Beare, [1988] 2 S.C.R. 387; R. v. Dyment, [1988] 2 S.C.R. 417; R. v. Simmons, [1988] 2 S.C.R. 495; R. v. Morgentaler, [1988] 1 S.C.R. 30; Canadian Newspapers Co. v. Canada (Attorney General), [1988] 2 S.C.R. 122; McPherson v. McPherson, [1936] A.C. 177; Scott v. Scott, [1913] A.C. 417; R. v. Oakes, [1986] 1 S.C.R. 103. [...] The Judicial Committee of the Privy Council referred to Lord Halsbury's observation in Scott v. Scott, [1913] A.C. 417, at p. 440, that "every Court of justice is open to every subject of the King".
-
461.
R. v. Docherty - [1989] 2 SCR 941 - 1989-10-12
Supreme Court JudgmentsCriminal law
& P.E.I.R. 232, dismissing an appeal from acquittal by Scott Prov. Ct. C.J. Appeal dismissed. [...] At his trial for the s. 666(1) offence, the respondent testified before Chief Judge Scott of the Provincial Court of Newfoundland that at the time he committed the offence under s. 236 he was unaware that he was breaking the law because he believed that the car could not be started. [...] In the course of his oral reasons, Chief Judge Scott stated: There are a great many people and you may be one who feel that because a vehicle cannot start and might have something mechanically wrong with it, that you are not breaching the law.
-
462.
Mackeigan v. Hickman - [1989] 2 SCR 796 - 1989-10-05
Supreme Court JudgmentsConstitutional law
Courts
v. McCleary, [1976] 1 N.S.W.L.R. 230; Duke of Buccleuch v. Metropolitan Board of Works (1872), 41 L.J. Ex. 137; McKinley v. McKinley, [1960] 1 All E.R. 476; Scott v. Smith (1931), 4 M.P.R. 23; Re Clendenning and Board of Police Commissioners for City of Belleville (1976), 75 D.L.R. (3d) 33; Re Reinking (1984), 3 O.A.C. [...] [1960] 1 All E.R. 476 (Q.B.); Scott v. Smith (1931), 4 M.P.R. 23 (N.B.C.A.); Re Clendenning and Board of Police Commissioners for City of Belleville (1976), 75 D.L.R. (3d) 33 (Ont. H.C.); Re Reinking (1984), 3 O.A.C. 137 (C.A.); Family and Children's Services v. P. B. and M. B. (1985), 49 R.F.L. (2d) 55 (Ont. Dist.
-
463.
Lac Minerals Ltd. v. International Corona Resources Ltd. - [1989] 2 SCR 574 - 1989-08-11
Supreme Court JudgmentsAction
Commercial law
Intellectual property
Trust
Dominions Corp. v. Brian Pty. Ltd. (1985), 59 A.L.J.R. 676; Saltman Engineering Co. v. Campbell Engineering Co. (1948), 65 R.P.C. 203; Liquid Veneer Co. v. Scott (1912), 29 R.P.C. 639; Cunliffe‑Owen v. Teather & Greenwood, [1967] 1 W.L.R. 1421; Burns v. Kelly Peters & Associates Ltd. (1987), 41 D.L.R. (4th) 577; [...] I simply note that unlike fiduciary obligations, duties of confidence can arise outside a direct relationship, where for example a third party has received confidential information from a confidee in breach of the confidee's obligation to the confidor: see Liquid Veneer Co. v. Scott (1912), 29 R.P.C. 639 (Ch.), at p. 644.
-
464.
R. v. Ouellette - [1989] 1 SCR 1781 - 1989-06-29
Supreme Court JudgmentsCriminal law
Richard Israels and H. Scott Fairley, for the appellant. S. R. Fainstein, Q.C., for the respondent Her Majesty The Queen in right of Canada.
-
465.
R. v. Conway - [1989] 1 SCR 1659 - 1989-06-22
Supreme Court JudgmentsConstitutional law
Criminal law
Scott Conway Appellant v. Her Majesty The Queen Respondent indexed as: r. v. conway
-
466.
Scott v. Wawanesa Mutual Insurance Co. - [1989] 1 SCR 1445 - 1989-06-08
Supreme Court JudgmentsInsurance
Scott v. Wawanesa Mutual Insurance Co., Scott c. Wawanesa Mutual Insurance Co., 20161, [1989] 1 SCR 1445, [1989] 1 RCS 1445 [...] Scott v. Wawanesa Mutual Insurance Co., [1989] 1 S.C.R. 1445 Cecil Scott and Femmie Scott Appellants [...] On March 29, 1983, Charles Scott, the fifteen-year-old son of appellant Cecil Scott, deliberately set fire to the insured premises.
-
467.
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.
-
468.
Greater Montreal Protestant School Board v. Quebec (Attorney General) - [1989] 1 SCR 377 - 1989-03-16
Supreme Court JudgmentsConstitutional law
C. 1863, 26 Vict., c. 5 (the "Scott Act, 1863"), and An Act for the further improvement of Grammar Schools in Upper Canada, S. Prov.
-
469.
Sobeys Stores Ltd. v. Yeomans and Labour Standards Tribunal (N.S.) - [1989] 1 SCR 238 - 1989-03-02
Supreme Court JudgmentsConstitutional law
Rheinhold M. Endres and Alison Scott, for the appellant the Attorney General of Nova Scotia.
-
470.
Ontario (Attorney General) v. Pembina Exploration Canada Ltd. - [1989] 1 SCR 206 - 1989-02-23
Supreme Court JudgmentsConstitutional law
2 D.L.R. 925; Horne v. Krezan, Shamlock and Young (1955), 14 W.W.R. 625; Pile Foundations Ltd. v. Selkirk Silica Co. and Perry (1967), 59 W.W.R. 622; Scott v. Scott (1891), 4 B.C.R. 316; Tytler v. Jamieson, [1935] 3 W.W.R. 510; Bilsland v. Bilsland, [1922] 1 W.W.R. 718; Mitchell v. Mitchell and Croome, [1936] 1 W.W.R. [...] For a time, it is true, the British Columbia courts took the view that a province is without authority to confer jurisdiction on its courts in respect of federal matters; see Scott v. Scott (1891), 4 B.C.R. 316; Tytler v. Jamieson, [1935] 3 W.W.R. 510 (B.C.C.A.); but see now Balfour Guthrie (Canada) Ltd. v. Far Eastern [...] It appears to me that the learned Judges who decided Scott v. Scott and Brown v. Brown did not pay sufficient regard to sub‑head No. 14 of sec. 92 of The B.N.A. Act, which confers upon the Legislature in each province jurisdiction to make laws in relation to
-
471.
Andrews v. Law Society of British Columbia - [1989] 1 SCR 143 - 1989-02-02
Supreme Court JudgmentsConstitutional law
Alison Scott, for the intervener the Attorney General of Nova Scotia.
-
472.
R. v. Duguay - [1989] 1 SCR 93 - 1989-01-26
Supreme Court JudgmentsConstitutional law
Courts
In Dumbell v. Roberts [1944] 1 All E.R. 326, Scott L.J. said, at p. 329:
-
473.
R. v. Showman - [1988] 2 SCR 893 - 1988-12-15
Supreme Court JudgmentsCriminal law
Constable Adam gave evidence that a further drug transaction was set up and the appellant took him to the residence of a Scott Muirhead. [...] 13. Then the appellant contacted Scott Muirhead who supplied him with three separately wrapped half‑pounds of marijuana. [...] The accused says he was only boasting, and had been told by his friend, Scott, to act as though he were a drug dealer.
-
474.
R. v. Beare; R. v. Higgins - [1988] 2 SCR 387 - 1988-12-01
Supreme Court JudgmentsConstitutional law
Criminal law
It is true that Scott, L.J. in Dumbell v. Roberts, [1944] 1 All E.R. 326 (C.A.), expressed the view that the taking of fingerprints of a person charged but not convicted was inconsistent with the presumption of innocence.
-
475.
R. v. Morin - [1988] 2 SCR 345 - 1988-11-17
Supreme Court JudgmentsAction
Criminal law
Evidence
It was during the examination of this witness by Crown counsel, Mr. Scott, that the evidence which gave rise to the second ground of appeal was elicited. [...] 45. The evidence referred to was elicited on the examination of Dr. Orchard by Mr. Scott, counsel for the Crown. [...] Q. [Mr. Scott] I take it by the very fact that you are capable of expressing an opinion on what condition this man would be in, in the event that he sexually assaulted ‑‑ raped and stabbed many times Christine Jessop, that you must be of the opinion that he has the psychological make‑up to commit such an offence.