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51.
Brooks v. Canada Safeway Ltd. - [1989] 1 SCR 1219 - 1989-05-04
Supreme Court JudgmentsConstitutional law
Patricia Allen and Patricia Dixon and the Manitoba Human Rights Commission Appellants [...] At a later date Patricia Allen and Patricia Dixon laid similar complaints. [...] 2. The Complaints of Patricia Allen and Patricia Dixon The complaints of the appellants Mrs. Allen and Mrs. Dixon were heard by Adjudicator Taylor one month after the decision in Mrs. Brooks' complaint.
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52.
Travelers Insurance Co. of Canada v. Corriveau et al. - [1982] 2 SCR 866 - 1982-12-21
Supreme Court JudgmentsInsurance
(1) Counsel for the appellants Jeannette Martineau and Allen Robindaine submitted that, according to art. 1056c of the Civil Code, a supplementary indemnity may be added to the amount awarded to respondent, computed by applying to the amount a percentage equal to the excess (three per cent) over the legal interest rate of [...] At trial, the Fund was ordered jointly and severally with the two other defendants, Jeannette Martineau and Allen Robindaine, to pay the following: [...] I would dismiss the appeal of Jeannette Martineau and Allen Robindaine with costs, except as follows: amending the decision of the Court of Appeal, I would amend the judgment of the Superior Court by replacing the words “to December 31st, 1971, and thereafter at 8 per cent annually”, in the first paragraph of the order, by
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53.
Michaels v. Michaels - (1900) 30 SCR 547 - 1900-10-08
Supreme Court JudgmentsContract
[26] 11 Allen (Mass.) 345. [27] 102 Mass. 246. [28] 105 Mass. 115. [...] [31] 3 Allen (Mass.) 127. [32] 3 Allen (Mass.) 315. [33] 4 Allen (Mass.) 412.
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54.
Northey v. The King - [1948] SCR 135 - 1948-03-23
Supreme Court JudgmentsCriminal law
I have not overlooked the decision in Allen v. The King[7] , but each case must depend on its own facts. [...] In Allen v. Rex[10] , Chief Justice Sir Charles Fitzpatrick said at page 336:— [...] In this Court, after commenting upon Allen v. The King[27] , my lord The Chief Justice (then Rinfret, J.) in writing the judgment of the Court stated at p. 544:
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55.
Manitoba Teachers’ Society No. 1612 v. Gypsumville Consolidated School District No. 2461 - [1980] 2 SCR 179 - 1980-10-16
Supreme Court JudgmentsArbitration
F.D. Allen, Q.C., for the appellant Gypsumville District Teachers’ Association No. 1612 of the Manitoba Teachers’ Society. [...] F.D. Allen, Q.C., for the respondent Pine Creek Division Association No. 30 of the Manitoba Teachers’ Society. [...] Solicitors for the Gypsumville District Teachers’ Association No. 1612 of the Manitoba Teachers’ Society and the Pine Creek Division Association No. 30 of the Manitoba Teachers’ Society: Allen & Booth, Winnipeg.
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56.
Calgary Power Ltd. v. City of Camrose - [1975] 2 SCR 465 - 1974-10-01
Supreme Court JudgmentsPublic utilities
The issues before the Appellate Division were stated by Allen J.A. as follows: [...] With respect to the first issue stated by Allen J.A., in para. (a), I am in agreement with the reasons of Johnson J.A. and Allen J.A. for holding that the Board properly included the $300, 000 item referred to in that paragraph. [...] Allen J.A. says: Although I can find no express statement in any case to that effect it seems to me that there is a difference in concept of values in such cases.
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57.
Page v. Campbell - (1921) 61 SCR 633 - 1921-03-11
Supreme Court JudgmentsAction
The decision in the case of London County Council v. Allen[1], seems conclusively to restrict the right recognized in Tulk v. Moxhay[2], and asserted by appellant herein to enforce such a covenant to one who owns part of the land in question. [...] This is a case in which we should refuse to apply the principles laid down in the cases of Formby v. Barker[6]; London County Council v. Allen[7]; Milbourn v. Lyons[8], relied upon by the respondent, because in those cases the plaintiff had no interest in any land situate near the one in dispute. [...] The answer is that having disposed of all land in the subdivision, he is without interest to enforce the covenant, and that therefore the doctrine of Tulk v. Moxhay10, does not apply; London County Council v. Allen[11]; Milbourn v. Lyons[12].
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58.
Guardian Realty Co. v. John Stark & Co. - (1922) 64 SCR 207 - 1922-06-17
Supreme Court JudgmentsLease
The only authority to the contrary which is cited is Lewis v. Stephenson[9].’ But that is only a dictum by a single judge which is dissented from in Allen v. Murphy[10]. [...] To the same effect is a decision of the Irish Court of Appeal in Allen v. Murphy[18], and a long series of American decisions. [...] But this dictum has been dissented from in Allen v. Murphy[39]. In view of those authorities, I am of opinion that John Stark & Company properly exercised their option.
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59.
United States of America v. Cobb - 2001 SCC 19 - [2001] 1 SCR 587 - 2001-04-05
Supreme Court JudgmentsConstitutional law
Criminal law
Harry Cobb and Allen Grossman Appellants v. United States of America Respondent [...] Brian H. Greenspan, for the appellant Allen Grossman. David Littlefield and Kevin Wilson, for the respondent. [...] Solicitors for the appellant Allen Grossman: Greenspan, Humphrey, Lavine, Toronto.
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60.
Canadian Imperial Bank of Commerce v. Green - 2015 SCC 60 - [2015] 3 SCR 801 - 2015-12-04
Supreme Court JudgmentsCivil procedure
Securities
The Allen Committee had concluded that the legal environment in Canada was sufficiently different from the United States to prevent a flood of unmeritorious claims: pp. 26-27. [...] The Allen Committee, tasked more than a decade later with recommending a statutory civil liability scheme in the securities context, concluded that [...] (Allen Committee Report, at para. 4.6) [183] The effectiveness and preferability of the class proceeding in pursuing Part XXIII.1 statutory claims depends on these balanced protections.
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61.
Sinnott v. Scoble - (1884) 11 SCR 571 - 1884-06-23
Supreme Court JudgmentsAdministrative law
[9] 2 Allen 501. [10] Bert. R. 133. [11] 1 Allen 443. [12] 3 Allen 303. [...] 1 2 Allen 501. [13] See p. 577. [14] 21 Ch. D. p. 429. [15] 5 DeG. M. & G. 876.
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62.
R. v. Schwartz - [1988] 2 SCR 443 - 1988-12-08
Supreme Court JudgmentsConstitutional law
Courts
Criminal law
4. Schwartz proceeded to trial before Allen Prov. Ct. J. and was convicted on both charges. [...] 6. Allen Prov. Ct. J. found the appellant guilty on both counts. He stated, in part: [...] 67. That this is not an impossible task is illustrated by the facts of this case: Allen Prov.
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63.
Dziwenka et al. v. R. et al. - [1972] SCR 419 - 1971-10-05
Supreme Court JudgmentsTorts
In setting aside this judgment, Mr. Justice Allen, whose reasons for judgment were adopted by the other members of the Appellate Division, concluded that the appellant’s “momentary inattention was ‘the sole author of his injury’” and that his action should accordingly be dismissed. [...] I agree with Mr. Justice Allen that on the basis of the authorities cited by him and many other authorities, it is well established that an appellate court is in as good a position as a trial judge to draw the proper inferences from primary facts. [...] For all these reasons, as well as for those so fully set forth in the reasons for judgment of Allen J.A. in the Appellate Division, I would dismiss this appeal with costs.
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64.
Fraser v. Fraser - (1896) 26 SCR 316 - 1896-05-06
Supreme Court JudgmentsEstates
Cowan v. Allen (26 Can. s. c. r. 292) followed. Held also, that the word "equal" indicated the respective shares which he two devisees were to take in the area of the property devised and not the character of the estates given in those shares. [...] In the case of Cowan v. Allen, in which we have just delivered judgment, the same question arose as that here presented, and we determined that the second rule laid down by the Master of the Rolls in Edwards v. Edwards[11], approved of by the House of Lords in O'Mahony v. Burdett[12], and Ingram v. Soutten[13], and followed [...] [5] 5 Allen (Mass.) 198. [6] 13 C. B. 683. [7] 6 Beav. 82. [8] 1 Ch. D. 346.
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65.
Waisman and Ross et al. v. Crown Trust Company - [1970] SCR 553 - 1970-03-02
Supreme Court JudgmentsPriorities and hypothecs
The unanimous judgment of the Appellate Division was delivered by Allen J.A. The basis of the decision is found in the following passages in his reasons: [...] Allen J.A. relied on the following passage from the unanimous judgment of this Court delivered by my brother Ritchie in Clarkson Co. Ltd. et al. v. Ace Lumber Ltd. et al.[2], at p. 114: [...] It is quite true, as pointed out by Allen J.A., that a firm as such is not a legal entity, but the use of the firm name is a convenient and usual way of describing the individual members who collectively make up the firm, and, in my view, in the circumstances of this case its use was equivalent to naming the partners.
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66.
Reference re Regina v. Coffin - [1956] SCR 191 - 1956-01-24
Supreme Court JudgmentsCriminal law
(Makin v. A.G. for New South Wales [1894] A.C. 57 and Allen v. The King 44 S.C.R. 331 followed). [...] Allen v. The King 10. Les circonstances établies, ne laissaient aucune alternative au jury. [...] The meaning of the language quoted is indistinguishable from that of the section 1019 considered in Allen's Case.
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67.
Bouck v. Minister of National Revenue - [1952] 2 SCR 17 - 1952-03-22
Supreme Court JudgmentsTaxation
The learned Chief Justice thus viewed the decision of the Court of Appeal in Allen v. Furnes 27. [...] In Allen's case, the gift was to a father for life "for the support and maintenance of himself and children." [...] Solicitors for the appellant: Porter, Allen & MacKimmie. Solicitor for the respondent: H. W. Riley.
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68.
Theratechnologies Inc. v. 121851 Canada Inc. - 2015 SCC 18 - [2015] 2 SCR 106 - 2015-04-17
Supreme Court JudgmentsSecurities
The reforms were inspired by the recommendations of the Allen Committee, suggested after a number of high profile misrepresentations at publicly traded companies. [...] [29] During the 1990s, following a series of high profile misrepresentations and incidents of questionable disclosure practices among publicly traded companies in Canada, the Toronto Stock Exchange created the Allen Committee to re-examine the regime governing disclosure in the secondary market. [...] Despite the fact that the Allen Committee had not recommended it, and in order to discourage the kind of strike suits that had become common in the United States under more investor-friendly regimes, the Canadian Securities Administrators recommended that in addition to reducing the burden of proof on investors, the new
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69.
Smith v. Smith - [1952] 2 SCR 312 - 1952-05-12
Supreme Court JudgmentsFamily law
law in Stuart v. Stuart where a number of authorities bearing on the issue were considered-Loveden v. Loveden[12] ; Allen v. Allen and Bell [13] ; FitzRandolph v. FitzRandolph[14]; L. v. L. and K.[15] ; Churchman v. Churchman, supra; Ginesi v. Ginesi [16] [...] While in Allen v. Allen [34], Lopes L.J., delivering the judgment of the Court of Appeal in a case where the evidence was circumstantial, had said in part (p. 252) :‑
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70.
Attorney-General for Canada v. Jackson - [1946] SCR 489 - 1946-03-29
Supreme Court JudgmentsState
R. H. Allen, for the respondent at the hearing of the appeal. A. B. Gilbert K.C. for the respondent at the re-hearing ordered by the Court. [...] Solicitors for the respondent: Allen & Allen. [1] (1945) 18 M.P.R. 138; [1945] 2 D.L.R. 438.
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71.
Baker v. Guaranty Savings & Loan Association - [1931] SCR 199 - 1930-12-15
Supreme Court JudgmentsContract
This conclusion, in our opinion, is not consistent with the attitude taken by the directors when they were considering whether or not they would accept the application, as appears from the evidence of Mr. Allen, the [...] Mr. Allen, in answer to a request to tell just what had occurred, said:— [...] To a business man accumulating as large a sum as $70,000, it is easy to understand how important it might be for him, after the expiration of five years, to have a right to pay in the amount of the unpaid instalments and then be able to draw out at once the whole fund, and, from the evidence of Mr. Allen quoted above, it
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72.
Joan Pizzey, et al. v. Howard Vansickle, et al. - 2023-03-30
Applications for Leave - DismissedJoan Pizzey, Allen Vansickle and Mary Ann Fletcher Applicants - and - [...] Joan Pizzey, Allen Vansickle et Mary Ann Fletcher Demandeurs - et -
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73.
R. v. Devine - 2008 SCC 36 - [2008] 2 SCR 283 - 2008-06-19
Supreme Court JudgmentsCriminal law
Robert Allen Devine Appellant and Her Majesty The Queen Respondent [...] Robert Allen Devine Appellant v. Her Majesty The Queen Respondent [...] [1] Charron J. — The appellant, Robert Allen Devine, was convicted at trial of robbery and assault causing bodily harm in respect of an incident which occurred on November 19, 2004.
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74.
Bhatnager v. Canada (Minister of Employment and Immigration) - [1990] 2 SCR 217 - 1990-06-21
Supreme Court JudgmentsCourts
(1979), 26 O.R. (2d) 580; Re National Trust Co. and Bouckhuyt (1987), 61 O.R. (2d) 640; Allen v. Whitehead, [1930] 1 K.B. 211; Canadian Dredge & Dock Co. v. The Queen, [1985] 1 S.C.R. 662; R. v. Stevanovich (1983), 7 C.C.C. (3d) 307; Re B.C. Motor Vehicle Act, [1985] 2 S.C.R. 486; R. v. Burt, [1988] 1 W.W.R. 385. [...] Counsel sought to analogize the appellants to licensees and corporations in relation to which these principles have been applied in the past: see, e.g. Allen v. Whitehead, [1930] 1 K.B. 211; and Canadian Dredge & Dock Co. v. The Queen, [1985] 1 S.C.R. 662. [...] in which the delegator is under a specific statutory duty that has been contravened by the delegate: see A. W. Mewett and M. Manning, Criminal Law (2nd ed. 1985), at p. 64; Allen, supra, per Lord Hewart C.J. at p. 220; and R. v. Stevanovich (1983), 7 C.C.C. (3d) 307 (Ont. C.A.), per Dubin J.A. (as he then was), at p. 315.
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75.
Wendy Larkin, et al. v. Marni Johnson, et al. - 2023-12-07
Applications for Leave - DismissedMarni Johnson, Frederick Bobye, Kenneth Hahn, Ron Johnston, Norm Krannitz, Heather Johnson, Ted Schisler, John Allen, Lee Rhodes, Diane Sullivan, Matt Sheehy and David Gaskin, being Trustees of the British Columbia Credit Union Employees’ Pension Plan [...] Marni Johnson, Frederick Bobye, Kenneth Hahn, Ron Johnston, Norm Krannitz, Heather Johnson, Ted Schisler, John Allen, Lee Rhodes, Diane Sullivan, Matt Sheehy et David Gaskin, à titre de fiduciaires du British Columbia Credit Union Employees’ Pension Plan