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651.
SCR | RCS [1941] - 1941-10-20
Canada Supreme Court Reports[1939] O.R. 36 Newsholme v. Road Transport & General Insurance Co. [1929] 2 KB.D. 356 New York Life Ins. Co. v. Fletcher.... 117 U.S. Rep. 519 Nippon Yusen Kaisha v. The China Navi- gation Co. O O'Brien v. Allen O'Carroll v. Hastings [1905] 2 Ir. Rep. 590 Oceanic, The Ontario & Sault Ste. Marie Ry. Co. v. Canadian [...] S.C.R.] SUPREME COURT OF CANADA 415 The right of building highways and of operating them 1941 within a province, whether under direct authority of the PRONP I AL Government, or by means of independent companies or SECRETARY OF municipalities, is wholly within the purview of the prov-PRINCE ince (O'Brien v. Allen (1) ), and [...] S.C.R.] SUPREME COURT OF CANADA 597 same as Allen v. Canadian Pacific Ry. Co. (1), which was 1941 binding on him, and that under the circumstances here CANADIAN the defendants were not entitled to rely upon the terms NATIONAL Rr. Co. of a standard bill of lading.
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652.
SCR | RCS [1939] - 1939-10-30
Canada Supreme Court ReportsWas the deceased Allen Sershall guilty of any negligence that caused or contributed to the collision? [...] Was the deceased Allen Sershall guilty of any negligence that caused or contributed to the collision?
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653.
SCR | RCS [1937] - 1937-06-01
Canada Supreme Court ReportsSolicitor for the appellant: John Allen. Solicitors for the respondents: Sweatman, Fillmore, Riley & Watson. 1936 IN THE MATTER OF THE BANKRUPTCY OF * Nov. 20, GENERAL FIREPROOFING COMPANY OF 23, 24.
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654.
SCR | RCS [1936] - 1936-11-09
Canada Supreme Court ReportsSolicitor for the respondent: John Allen. 88 SUPREME COURT OF CANADA [1936 1935 HARRIS vs. [...] J. Allen K.C. for the Attorney-General of Manitoba. W. S. Gray K.C. for the Attorney-General of Alberta.
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655.
SCR | RCS [1935] - 1935-11-22
Canada Supreme Court ReportsAllen v. The King (2). Where the jury has been misdirected on a material matter, the onus is upon the Crown to shew that the jury, charged as they should have been, could not, as reasonable men, have given on the evidence a verdict other than one of guilt. [...] I shall refer to three precedents: Allen v. The King (2); Makin v. The Attorney-General of New South Wales (3) ; and Maxwell v. The Director of Public Prosecutions (4). [...] In the Allen case (1) the Supreme Court of Canada followed the Makin case (2) and held that the inadmissible evidence may have influenced the verdict of the jury.
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656.
SCR | RCS [1934] - 1934-11-20
Canada Supreme Court ReportsThe same principle was laid down in Rex v. Howlett (1) : In that case the prisoner was indicted for wounding John Allen, with a tin can, with intent to murder him.
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657.
SCR | RCS [1933] - 1933-11-15
Canada Supreme Court ReportsSolicitor for the respondent: G. H. Van Allen. CONTROVERTED ELECTION FOR THE ELECTORAL DISTRICT OF 1932 ŸAMASSA *Nov. 10.
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658.
SCR | RCS [1932] - 1932-10-11
Canada Supreme Court ReportsN. W. Rowell K.C., A. W. Marquis K.C. and J. B. Allen for the respondents the executors of the J. H. Benn Estate. [...] In Allen v. Royal Bank of Canada (2), Lord Atkinson, in giving the judgment of the Privy Council, said:— (1) [1929] Can. B.C.R. 288, at (2) (1925) 95 L.J. P.C. 17, at 20- 293; [1929] 2 D.L.R. 724, at 21. 127. [...] The Executor cross-appealed from that part of the judgment which directed that the interest of Allen A. McMar-tin was to be assessed from the date on which he became a resident of Canada.
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659.
SCR | RCS [1931] - 1931-11-09
Canada Supreme Court ReportsSolicitor for the appellant: G. H. Van Allen. Solicitor for the respondent: P. G. Thomson. [...] 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 [...] Solicitor for the respondent: John Allen (Deputy Attorney General for Manitoba).
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660.
SCR | RCS [1930] - 1930-10-07
Canada Supreme Court ReportsOF Prior unregistered instruments are ineffective as against a NOVA scam registered purchaser for valuable consideration without V. ALLEN. notice at a sale under a subsequent registered mortgage. [...] Solicitor for the appellant: Thomas J. Allen. Solicitor for the respondent: Hugh H. McLean. 8782-2 [...] David Allen & Sons Bill Posting, Limited (4) ; McManus- v. Cooke (5) ; Wilson v. Tavener (6) ; Lowe v. Adams (7) ; James Jones & Sons v. Tankerville (8).
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661.
SCR | RCS [1929] - 1929-11-04
Canada Supreme Court ReportsTABLE OF CASES CITED NAME OF CASE Abbott v. Fraser Aberdeen Railway Co. v. Blakie Brothers..1 MacQueen 461 Abley v. Dale Adams & Westlake Co. v. E. T. Wright Ltd Admiralty Commissioners v. SS. "Amerika"[1917] A.C. 38 — v. SS. Volute Allard v. Frison Allcard v. Skinner Allen v. Flood American and The Syria, The Amiot v. [...] Motion granted with costs. 1928 RUSSELL McKENZIE AND ALLEN Mc- APPELLANTS; *J e12. [...] Allen v. Flood (3). An interesting observation upon the juridical basis of the two notable decisions of the House of Lords above cited, from the point of view of the civilian, may be found in Gérard's work " Les Torts ou Délits Civils en Droit Anglais," at pp. 426 et seq.
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662.
SCR | RCS [1928] - 1928-11-13
Canada Supreme Court ReportsTABLE OF CASES CITED NAME OF CASE A. B. v. C. D Allen v. McTavish 2 Ont. A.R. 278 Allen v. The King Allison v. Frisby American Securities Corp, Ltd. v. Woldson... [...] Solicitor for the respondent: John Allen. (1) [1914] A.C. 545. (3) [1927] S.C.R. 442. [...] CASES • Allen v. R. (44 Can. S.C.R. 331) ref.. 553 See CRIMINeL Lew 5.
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663.
SCR | RCS [1927] - 1927-11-02
Canada Supreme Court ReportsAdmiralty Commissioners v. SS. Volute Allan & Company v. Kieffer Allen v. The King.. [...] The case falls clearly within the decision of this Court in Allen v. The King (1). [...] Allen v. The King (44 Can. S.C.R. 331) ref 437, 633 See CRIMINAL LAW 5, 10.
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664.
SCR | RCS [1926] - 1926-12-31
Canada Supreme Court ReportsHeld, that the judgment of the Court of Appeal did not conflict with the judgment in the Allen Case, and the application was dismissed. [...] The question I think is whether that court should have held otherwise upon the proper interpretation and application of the decision in Allen v. The King (1). [...] CASES Allen v. The King (44 Can. S.C.R 331) "L'Autorite" Ltee ref 492 S.C.R. 340) foll 576 See 3.
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665.
SCR | RCS [1924] - 1924-11-19
Canada Supreme Court ReportsTABLE OF CASES CITED NAME OF CASE Admiralty Commissioners v. Page Allen v Kemble Amalgamated Society of Railway Servants v.{[1910] A.C. 87 Osborne. [...] Cooper v. Earl of Waldegrave (1) ; Allen v. Kemble (2) ; Gibbs v. Fremont (3) ; In re Commercial Bank of South Australia (4) ; The Queen v. Grand Trunk Ry. Co. (5) ; Fergusson v. Fyffe (6) . [...] The case at bar is distinguishable from Blackburn Bobbin Co. v. T. W. Allen & Sons Ltd. (1), relied on by Mr. Bennett.
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666.
SCR | RCS [1923] - 1923-12-31
Canada Supreme Court ReportsTABLE OF CASES CITED. NAME OF CASE Abouloff v. Oppenheimer Ackroyd v. Smithies Admiralty Commissioners v. S.S. Volute Allen v. Callow Alleyn v. Barthe Antoine v. Goudal . [...] This test was adopted by Allen C.J. in The Queen v. Simpson (5) at page 474. [...] Lafleur K.C. and Van Allen for the appellants. Johnstone K.C. and Parlee K.C. (Geo. F. Macdonnell with them) for the respondents.
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667.
SCR | RCS (1923) vol 64 - 1923-01-01
Canada Supreme Court Reports76 SUPREME COURT OF CANADA. VOL. LXIV. 1922 N. ALLEN (D EFENDANT) APPELLANT [ *May 8, 9. [...] He found among the assets Allen's promissory note; and as Mr. Allen is now living in British Columbia he is sued before the courts of this province by the bank examiner for the payment of this note. [...] But that is only a dictum by a single judge which is dissented from in Allen v. Murphy (5).
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668.
SCR | RCS (1921) vol 61 - 1921-03-11
Canada Supreme Court ReportsThe 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 (1); London County Council v. Allen (2); Milbourn v. Lyons (3), 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. Moxhay (1), does not apply; London County Council v. Allen (2); Milbourn v. Lyons (3).
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669.
SCR | RCS (1920) vol 59 - 1920-01-01
Canada Supreme Court ReportsThe • learned authors of Browne & Allen on Compensation (2 ed., p. 101) suggest that this is because it is the owner's interest in the land that is to be assessed. [...] The English authorities are collected in Browne and Allen on Compensation (2 ed.) ubi sup. and at p. 116; 6 Hals-bury Laws of England, No. 36 and Nos. 49 and 53; and Cripps on Compensation (5 ed.), pp. 107-8 and 146.
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670.
SCR | RCS (1919) vol 58 - 1919-05-19
Canada Supreme Court ReportsIt has never been doubted that these rights extended beyond the life of the (1) 12 Allen (Mass.) 459, at p. 461. [...] Allen v. The King (1); Loughead v. Collingwood & Co. (2); Hyndman v. Stephens (3). [...] Chetwynd v. Allen (4), at page 358, per Romer J. (1) 10 C.B. 561, 574.
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671.
SCR | RCS (1919) vol 57 - 1919-02-04
Canada Supreme Court ReportsNeilgherry,} Coffee Plantation Co Jacques-Cartier, La Banque, v. La Banque d'Epargne de la Cité et 13 App. Cas. 111 486 du District de Montréal James v. Allen Jeannotte v. Couillard Q.R. 3 Q.B. 461 286 Jenner v. Jenner L.R. 1 Eq. 361 Joliffe v. Baker Jones v. Tucker Judge v. The Town of Liverpool... 49 N.S. Rep. 513 [...] Allen C.J., with whom BeUNET V. Weldon and Fraser JJ. concurred, said at 164: THE KING. I think the word "absence" in this section does not necessarily Anglin J. mean actual absence from the place or room where the trial is held; but would apply to a case where the justices had, for some cause, become incapable of sitting [...] The uplifting of humanity is a benevolent but not a charitable purpose; James v. Allen (1).
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672.
SCR | RCS (1918) vol 55 - 1918-01-01
Canada Supreme Court ReportsAmerica Ajum Goolam Hossen & Co. v Union Marine Insurance Co Allen v. Richards 26 Sol. J. 658. [...] I refer to that called "The Molson Macpherson sale," that known as "The Allen sale," and that belonging to the Belanger estate. [...] The first and lastly named seem directly in point though some objections are taken as to the Allen sale, which renders it of less value, yet of very great value, if correctly understood.
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673.
SCR | RCS (1917) vol 54 - 1917-02-19
Canada Supreme Court ReportsHolden v. Starks (2) ; Bibb v. Allen (3) ; Wilson v. Mason(4); Amer. & Eng. Encycl. of Law (2 ed.), p. 984. [...] WESTERN CANADA The preparation of the hill from time to time was not POWER a "system" defects in which would entail liability: CO. V. Allen v. New Gas Co. (1). [...] The present case is clearly distinguishable from Langley v. Van Allen(3), relied on by the appellant.
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674.
SCR | RCS (1916) vol 53 - 1916-06-24
Canada Supreme Court ReportsCo. v. Ander- son Quebec, Montreal and Southern • Railway Co. v. The King Quebec Railway, Light, Heat and Power Co. v. Vandry Queen, The, v. Allen , v. Montminy , v. Yule R. Ramsay v. District of West Van-1 couver. f21 B.C. Rep. 401 Ratcliffe v. Evans [1892] 2 Q.B. 524 Readhead v. Midland Railway Co. L.R. 2 Q.B. 412 477 [...] The Queen v. Allen(7); to suppress the mischief and advance the remedy; Heydon's Case(8), Peek v. North Staffordshire Railway Co. (9) ; to find out what the meaning of the legislature is; and to attach a rational and beneficial meaning, if possible, rather than an irrational and injurious meaning. [...] CO. V. See, too, Brown and Allen on Compensation (2 ed.), p. BELL TELEPHONE 97, and authorities cited by both authors.
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675.
SCR | RCS (1916) vol 52 - 1916-02-21
Canada Supreme Court ReportsQ.R. 36 S.C. 408 Allen v. Furness 20 Ont. App. R. 34 Alston's Estate, in re 28 L.T. (O.S.) 337 Angus v. Heine 42 Can. S.C.R. 416 Appleby v. Myers... [...] Rogers v. Allen (1) ; Attorney-General v. Emerson (2) . The reference in the lease of 1818 to the fact that an adjacent part of the foreshore was then occupied by a boom held by Francis Peabody, Esq., is significant in this connection. [...] According to many authorities language such as that used by the testator does not create a complete trust in the strict sense; Bond v. Dickinson(2) ; Lambe v. Eames (1) ; Mackett v. Mackett (3) ; Allen v. Furness (4) ; Re Shortreed (5) ; Atkinson v. Atkin-son (6) .