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101.
Meagher v. Power - (1890) 17 SCR 287 - 1890-06-13
Supreme Court JudgmentsTrust
[8] 4 Allen (N.B.) 604. [9] 2 Allen (N.B.) 473. [10] 20 Gr. 258.
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102.
Meyer v. Capital Trust Corp. Ltd. - [1948] SCR 329 - 1948-04-27
Supreme Court JudgmentsEstates
W.J. Green K.C. and T.K. Allen for the widow appellant. W.E. Haughton K.C. and Charles F. Scott for different groups of beneficiaries, respondents. [...] Solicitor for the appellant: T.K. Allen. Solicitor for the respondents Brethour and Meyer: Duncan A. McIlraith.
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103.
Stewart v. Canada - 2002 SCC 46 - [2002] 2 SCR 645 - 2002-05-23
Supreme Court JudgmentsTaxation
In Allen v. The Queen, 99 D.T.C. 968 (T.C.C.), aff’d 2000 D.T.C. 6559 (F.C.A.) (sub nom. [...] As well, various cases have held that the Moldowan test is only applicable where there is some personal element to the taxpayer’s endeavour: Hickman Motors Ltd. v. Canada, [1997] 2 S.C.R. 336, at paras. 69 and 72; Allen, supra; Nichol, supra; Bélec, supra. [...] 59 The comments of Bowman J.T.C.C. in Allen, supra, at paras. 20 and 22, aptly illustrate the problems which result from intermingling the question of the existence of a source of income with the issue of the deductibility of expenses, in particular, interest expenses, and are worth repeating:
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104.
Long v. Toronto Rway. Co. - (1914) 50 SCR 224 - 1914-06-19
Supreme Court JudgmentsTorts
If he had been he would certainly, in view of the speed at which the car was moving at the time, have got safely across, Charles Allen, who saw the accident, says:— [...] The evidence of Charles Allen, apparently an independent witness and the only person other than the motorman who seems to have seen the deceased come upon the track, is as follows:— [...] Assuming the latter to be the correct view, upon the evidence of Charles Allen it is clear that the deceased, after stepping upon the track and an instant or two
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105.
Brooks v. The King - [1927] SCR 633 - 1927-11-02
Supreme Court JudgmentsCriminal law
Misdirection in a material matter having been shown, the onus was upon the Crown to satisfy the court that the jury, charged as it should have been, could not, as reasonable men, have done otherwise than find the appellant guilty (Gouin v. The King, [1926] S.C.R. 539, at p. 543; Allen v. The King, 44 Can. S.C.R. 331, at p. [...] Gouin v. The King[2]; Allen v. The King[3]; Makin v. Att. Gen. for New South Wales[4].
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106.
Ross, Banks and Dyson v. The Queen - [1968] SCR 786 - 1968-06-24
Supreme Court JudgmentsCriminal law
In re Betty Loeb Allen[10], Gibson C.J. said, at p. 281: The rules of the game of bridge, which have been established on an international basis, are set forth in encyclopedias and other texts, and we are satisfied from the rules and from the many publications on the subject that the game is predominantly one of skill. [...] On the basis that there must be some chance in every game, as Mr. Murray testified, I am of the opinion that the statements made in the Woolf case, in the D’Orio case, and in the Betty Loeb Allen case support the contention that the predominance of skill in the game of bridge should indicate that it is not properly [...] Indeed in the Betty Loeb Allen case a conviction for permitting an illegal game to be played was quashed by the Supreme Court of California for that exact reason.
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107.
R. v. Brown - [1991] 2 SCR 518 - 1991-06-27
Supreme Court JudgmentsCriminal law
Boyle, Kevin and M. J. Allen. Sentencing Law and Practice. London: Sweet & Maxwell, 1985. [...] There are other authorities to the same effect: R. v. Speid (1985), 46 C.R. (3d) 22, at p. 47; Boyle and Allen, Sentencing Law and Practice (1985), at pp. 225, 227 and 229; Fox and Freiberg, Sentencing: State and Federal Law in Victoria (1985), at p. 48; Stockdale and Devlin, Stockdale and Devlin on Sentencing (1987), at p.
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108.
International Timber Co. v. Field - [1928] SCR 564 - 1928-10-29
Supreme Court JudgmentsLabour law
Rex v. Robertson & Hackett Sawmills Ltd. (38 B.C. Rep. 222) and Compton v. Allen Thrasher Lumber Co. (39 B.C. Rep. 70), so far as they are inconsistent herewith, overruled. [...] ent with this judgment it must be overruled, as must also Compton v. Allen Thrasher Lumber Co. (1).
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109.
Sankey v. The King - [1927] SCR 436 - 1927-06-17
Supreme Court JudgmentsCriminal law
The Court (reversing judgment of the Court of Appeal of British Columbia [1927] 2 W.W.R. 265) quashed a conviction for murder and granted a new trial, on the ground that the unsworn testimony of a child ten years old was improperly received (Allen v. The King 44 Can. S.C.R. 331 cited), there being no material before the [...] The case falls clearly within the decision of this Court in Allen v. The King[2].
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110.
Caldwell v. Stadacona Fire and Life Ins. Co. - (1883) 11 SCR 212 - 1883-01-12
Supreme Court JudgmentsInsurance
[6] 3 Allen Mass. 602. [7] 3 Allen, Mass. 602. [8] 4 F. & F. 1086. [...] [19] May on Insurance, 2nd ed. sec 101; Worthington v. Bearse, 12 Allen (Mass) 382. [...] [40] 12 Allen 382.
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111.
Bickford v. Grand Junction Railway Co. - (1878) 1 SCR 696 - 1878-01-28
Supreme Court JudgmentsTransportation
Taylor v. Chichester & Sandhurst Railway Co.[20]; Australian S.S. Co. v. Mounsey[21]; Gibbs & West’s Case, Re International Insurance Co.[22]; Re Patent File Co., ex parte Birmingham Banking Co.[23]; Green’s American edition of Brice, p. 127, and the American cases there cited; Allen v. Montgomery Railway Co.[24]; [...] [37] 13 Allen (Mass.), 422. [38] 4 Metcalfe (Ky.), 199. [39] Am. Ed. p. 678, s. 794. [...] [56] 10 Allen, 455. [57] 14 Allen, 386. [58] L.R. 7, H.L., 653. [59] 6 H.L. Cases, 113.
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112.
In re Withycombe Estate / Attorney-General of Alberta v. Royal Trust Co. - [1945] SCR 267 - 1945-02-06
Supreme Court JudgmentsEstates
It appears that by lease dated the 8th of June, 1918, the deceased granted this property to Allen Brothers for a term of thirty-five years from the 2nd day of November, 1918, the principal material terms of the lease being:— [...] The first dealing of which we are informed is a lease made by Mr. Withycombe to Allen Brothers, Theatre Proprietors, in 1918. [...] By an agreement in writing dated June 8th, 1918, the late Mr. A. G. Withycombe as owner leased this property to Allen Brothers for a period of thirty-five years from the 2nd day of November, 1918.
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113.
Dedrick v. Ashdown - (1888) 15 SCR 227 - 1888-06-14
Supreme Court JudgmentsPriorities and hypothecs
Porter v. Flintoff ([11]); Ruttan v. Beamish ([12]); McAulay v. Allen ([13]); Paterson v. Maughan ([14]); and the following which are especially to be considered, Bunker v. Emmany ([15]); Bingham v. Bettinson ([16]); and Whimsell v. Giffard ([17]). [...] In McAulay v. Allen ([26]); and Samuel v. Coulter ([27]), the majority of the Court of Common Pleas at Toronto held themselves to be bound by Porter v. Flintoff so deciding and by Ruttan v. Beamish ([28]), as affirming it. [...] I remain of the opinion which was expressed by me in McAulay v. Allen and Samuel v. Coulter, that the point so assumed to have been decided by Porter v. Flintoff was not at all necessary
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114.
Commercial Bank of Windsor v. Morrison - (1902) 32 SCR 98 - 1902-02-19
Supreme Court JudgmentsFinancial institutions
Manchester Trust v. Furness[9]; London Joint Stock Bank v. Simmons[10]; Allen v. Seckham[11]; English and Scottish Mercantile Investment Co. v. Brunton[12]. [...] Kettlewell v. Watson[29], per Frye J. at p. 705; Allen v. South Boston Railroad Co.[30].
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115.
R. v. Jones - [1986] 2 SCR 284 - 1986-10-09
Supreme Court JudgmentsConstitutional law
It is settled law in the United States that it is perfectly constitutional for the government to require religious schools to meet a specified standard of efficient instruction: Board of Education of Central School District No. 1 v. Allen, 392 U.S. 236 (1968) at p. 245; Wolman v. Walter, 433 U.S. 229 (1977) at p. 240; [...] Legislation demanding that private schools meet certain minimum educational standards has the secular purpose and effect of ensuring a knowledgeable and competent citizenry: Board of Education of Central School District No. 1 v. Allen, supra, at pp. 245‑47. [...] For example, it has held that the state may provide bus transportation for children to religious schools (Everson v. Board of Education, supra); lend textbooks to religious schools (Board of Education of Central School District No. 1 v. Allen, supra); and reimburse religious schools for expenses incurred in administering
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116.
Ocean Harvesters Ltd. v. Quinlan Brothers Ltd. - [1975] 1 SCR 684 - 1974-03-17
Supreme Court JudgmentsProperty law
Lynes v. Snaith, [1899] 1 Q.B. 486; Errington v. Errington, [1952] 1 All E.R. 149; Cobb v. Lane, [1952] 1 All E.R. 1199; Gray v. Richford (1878), 2 S.C.R. 431; Smith v. Lloyd (1854), 9 Ex. 562, 156 E.R. 240; Allen v. England (1862), 3 F. & F. 49; Radiach v. Smith (1959), 101 C.L.R. 209; Wills v. Steer (1907), 9 Nfld. [...] The same thought had been expressed a few years earlier by Erle C.J. in Allen v. England[7], in these words:
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117.
Gouin v. The King - [1926] SCR 539 - 1926-06-14
Supreme Court JudgmentsCriminal law
But, as was said by Sir Charles Fitzpatrick C.J. in Allen v. The King[11]: [...] In the Allen’s Case11, all the judges below had found that there was ample evidence that the prisoner killed Captain Elliston and, as would appear from the report, all the judges of this court concurred in that opinion.
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118.
Zwicker v. Zwicker - (1899) 29 SCR 527 - 1899-06-05
Supreme Court JudgmentsContract
[23] 9 Allen (Mass.) 102. [24] 9 Allen (Mass.) 102.
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119.
Union Investment Co. v. Wells - (1908) 39 SCR 625 - 1908-02-18
Supreme Court JudgmentsBills of exchange
[25] 4 Allen (Mass.) 562. [26] 108 Mass. 497-501. [27] 96 U.S.R. 51. [...] [37] 4 Allen (Mass.) 562. [38] 51 Barb. 263. [39] 11 M. & W. 374. [...] [63] 4 Allen (Mass.) 562. [64] 4 Can. L.T. 595. [65] 14 Minn. 77.
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120.
Canada Woollen Mills v. Traplin - (1904) 35 SCR 424 - 1904-12-14
Supreme Court JudgmentsTorts
The case of Allen v. New Gas Company[17] cited in support of a contrary doctrine is not, I venture to say, authority for that doctrine. [...] In 1876 two other cases came before the courts, the first being Allen v. The New Gas Company[33], and the judgment of the court composed of Bramwell, Amphlett and Huddleston BB., was read by Huddleston B., and he points out at page 254 what is necessary to be proved in order to make out a master liable to common law; he [...] Chief Justice would have held no liability existed at common law, but in the view of the expression of opinion of Huddleston B. in Allen v. The New Gas Co.[65], above cited, to which the attention of the learned judge had not been drawn, I should have doubted whether the plaintiff satisfied the full onus cast upon him.
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121.
Goodwin v. British Columbia (Superintendent of Motor Vehicles) - 2015 SCC 46 - [2015] 3 SCR 250 - 2015-10-16
Supreme Court JudgmentsConstitutional law
Jamie Allen Chisholm Respondent And between: British Columbia (Superintendent of Motor Vehicles) and [...] Jamie Allen Chisholm Respondent ‑ and ‑ British Columbia (Superintendent of Motor Vehicles) and [...] Shea H. Coulson, Diego A. Solimano and Sacha L. I. Roudette, for the respondents Jamie Allen Chisholm, Scott Roberts and Carol Marion Beam.
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122.
Tock v. St. John's Metropolitan Area Board - [1989] 2 SCR 1181 - 1989-12-07
Supreme Court JudgmentsTorts
Linden, Allen M. Canadian Tort Law, 4th ed. Toronto: Butterworths, 1988. [...] Linden, Allen M. "Strict Liability, Nuisance and Legislative Authorization" (1966), 4 Osgoode Hall L.J. 196. [...] (See Allen v. Gulf Oil Refining Ltd., [1981] 1 All E.R. 353 (H.L.), and Tate & Lyle Industries Ltd. v. Greater London Council, [1983] 1 All E.R. 1159 (H.L.))
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123.
The Queen v. Cumming - [1962] SCR 507 - 1962-04-24
Supreme Court JudgmentsAppeal
Criminal law
These envelopes which had been prepared by the investigators, who had inserted the $1 bills after making a note of their serial numbers, were taken to the supervisor of the sortation unit in which the respondent worked by investigator Allen who gave certain instructions as a result of which the supervisor placed the [...] mail to be sorted and then saw to it that this tray was placed in front of the respondent who was kept under supervision while she sorted it, after which it was taken directly to the supervisor’s office where the same investigator, Allen, extracted the three envelopes and found that they had been opened and the $1 bills
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124.
Buschau v. Rogers Communications Inc. - 2006 SCC 28 - [2006] 1 SCR 973 - 2006-06-22
Supreme Court JudgmentsPensions
Sandra Buschau, Sharon M. Parent, Albert Poy, David Allen, Eileen Anderson, Christine Ash, Frederick Scott Atkinson, [...] Michael Shirley, George Allen Short, Glenda Simoncioni, Norm Smallwood, Gilles A. St. Dennis, Geri Stephen, [...] Michael Shirley, George Allen Short, Glenda Simoncioni, Norm Smallwood, Gilles A. St. Dennis, Geri Stephen,
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125.
Kruger v. Booker - [1961] SCR 231 - 1961-01-24
Supreme Court JudgmentsFamily law
Laidlaw J.A. also referred to a judgment of the Court of Appeal in England in Allen v. Allen[8]. [...] This was the opinion which the same judge had expressed in Allen’s case. [...] Cohen L.J. referred to the decision in Allen’s case and said that apparently it had not been drawn to the attention of Wallington J. Upon the evidence he said there was no suggestion that the mother was promiscuous or a bad mother and accordingly considered that the child, a little girl, should be entrusted to her care