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3,601.
Ellis v. London-Canada Insurance Co. - [1954] SCR 28 - 1954-01-26
Jugements de la Cour suprême [ Anglais ]Assurance
George William Ellis (Plaintiff) Appellant; and London-Canada Insurance Company (Defendant) Respondent.
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3,602.
SCR | RCS [1953] vol 2 - 1953-11-25
Recueil des arrêts de la Cour suprême du CanadaThe will recites that Mrs. Chipman is the wife, separate as to property, of Dr. Walter William Chipman, (herein-after referred to as Dr. Chipman) and by clause "Thirdly" gives the whole of her estate to her executors and trustees in trust:— (a) To pay all my just debts, funeral and testamentary expenses as soon as possible [...] The will continues:— (f) To pay to my husband, the said Walter William Chipman, during the remainder of his lifetime, the net interest and revenues from the residue of my Estate and in addition thereto to pay to my said husband from time to time and at any time such portions of the capital of my Estate as he may wish or [...] 2 S.C.R. SUPREME COURT OF CANADA 423 WILLIAM D. ARCHIBALD AND 1953 LIONEL GEORGE TALBOT (De-APPELLANTS; *May 28, 29 f endants) *Noy. 17 AND EILEEN FLORENCE NESTING AND 'CLARENCE WILLIAM MADSEN RESPONDENTS (Plaintiff s) AND RONALD LESLIE DALTON AND RESPONDENTS. A. E. IRVINE (Defendants) f ON APPEAL FROM THE SUPREME COURT OF
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3,603.
Archibald v. Nesting - [1953] 2 SCR 423 - 1953-11-17
Jugements de la Cour suprême [ Anglais ]Automobile
William D. Archibald and Lionel George Talbot (Defendants). Appellants; [...] Eileen Florence Nesting and Clarence William Madsen (Plaintiffs) .Respondents ;
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3,604.
Wanklyn v. Minister of National Revenue - [1953] 2 SCR 58 - 1953-06-08
Jugements de la Cour suprême [ Anglais ]Successions
(f) To pay to my husband, the said Walter William Chipman, during the remainder of his lifetime, the net interest and revenues from the residue of my Estate and in addition thereto to pay to my said husband from time to time and at any time such portions of the capital of my Estate as he may wish or require and upon his [...] To pay to my husband, the said Walter William Chipman, during the remainder of his lifetime, the net interest and revenues from the residue of my estate and in addition thereto to pay to my said husband from time to time and at any time such portions of the capital of my estate as he may wish or require and upon his simple [...] The will recites that Mrs. Chipman is the wife, separate as to property, of Dr. Walter William Chipman, (hereinafter referred to as Dr. Chipman) and by clause "Thirdly" gives the whole of her estate to her executors and trustees in trust:—
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3,605.
SCR | RCS [1953] vol 1 - 1953-05-22
Recueil des arrêts de la Cour suprême du CanadaCanada Cement Co. v. Fitzgerald Canadian Dyers Ass. Ltd. v. Burton Canadian Ry. Accident Co. v. Williams Cannon v. Villars. [...] William was living at home and receiving spending money and money for his clothing from the deceased. [...] In these circumstances William Pinsky, as spouse, is not estopped from the insistence upon his dower rights.
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3,606.
Grandel v. Mason - [1953] 1 SCR 459 - 1953-04-28
Jugements de la Cour suprême [ Anglais ]Droit municipal
in Williams—Joint Tortfeasors and Contributory Negligence, p. 5 et seq. [...] In Kine v. Jolly 24, Vaughan Williams L.J. said in part (p. 489) :— I think we must bear in mind that in these cases, which are conveniently grouped together as cases in which the proper form of action is an action of nuisance, citizens are not to be allowed to enforce rights which limit the user by others of property,
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3,607.
The Queen v. Nisbet Shipping Co. Ltd. - [1953] 1 SCR 480 - 1953-04-28
Jugements de la Cour suprême [ Anglais ]État
charge of Canadian naval ships out of which their liability for negligence must arise: Vaughan-Williams L.J. in H.M.S. Sans Pareil 4. [...] The court, consisting of Rich, A.C.J., Starke J., Dixon J. (now C.J.), McTiernan J. and Williams J. agreed in the general proposition that in the circumstances of actual hostile engagement the civil laws are in effect supplanted and no act of persons participating in it can give rise to liability in negligence.
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3,608.
Gaunt and Watts v. The Queen - [1953] 1 SCR 505 - 1953-04-15
Jugements de la Cour suprême [ Anglais ]Droit criminel
Henry Watt And William Gaunt Appellants; and Her Majesty The Queen Respondent.
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3,609.
Harvey v. Perry - [1953] 1 SCR 233 - 1953-03-30
Jugements de la Cour suprême [ Anglais ]Contrat
William Landon Harvey (Defendant) Appellant; and Arthur Cyril Perry (Plaintiff) Respondent.
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3,610.
Pinsky v. Wass - [1953] 1 SCR 399 - 1953-03-30
Jugements de la Cour suprême [ Anglais ]Vente
Anna Pinsky and William Pinsky (Plaintiffs) Appellants; and Ella Wass and Thomas Wass (Defendants) Respondents. [...] In these circumstances William Pinsky, as spouse, is not estopped from the insistence upon his dower rights. [...] Under the agreement in question, William Pinsky contracted as "owner".
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3,611.
Singer and Belzberg v. J.H. Ashdown Hardware Co. Ltd. - [1953] 1 SCR 252 - 1953-03-30
Jugements de la Cour suprême [ Anglais ]Action
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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3,612.
Proctor et al. v. Dyck et al. - [1953] 1 SCR 244 - 1953-03-18
Jugements de la Cour suprême [ Anglais ]Responsabilité civile
John Dyck, William Duncan and James Duncan (Defendants) Respondents. [...] With the exception of William the children with whose claims we are concerned were not dependent upon the deceased. [...] William was living at home and receiving spending money and money for his clothing from the deceased.
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3,613.
McColl Frontenac Oil Company Ltd. v. Hamilton - [1953] 1 SCR 127 - 1953-01-27
Jugements de la Cour suprême [ Anglais ]Droit des biens
This contract, therefore, gives to the appellant the right to take a part of the soil and is a profit à prendre, which, in itself, is an interest in land. 11 Hals., 2nd Ed., 387, para. 680; McIntosh v. Leckie 16; Canadian Ry. Accident Co. v. Williams 17.
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3,614.
In re Cox / Baker v. National Trust - [1953] 1 SCR 94 - 1952-12-22
Jugements de la Cour suprême [ Anglais ]Fiducie
Williams’ Trustees v. Inland Revenue Commissioners[40]. Lord Porter in National Anti-Vivisection Society v. Inland Revenue Commissioners[41], stated:
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3,615.
SCR | RCS [1952] vol 2 - 1952-12-15
Recueil des arrêts de la Cour suprême du Canada[1947] 1 All E.R. 582 49 Webb v. Batchelet. 89 E.R. 294 89 Weight v. Salmon 51 T.L.R. 333 228 White, In re [1893] 2 Ch. 41 88 Wilder v. Minister of N.R [1952] 1 S.C.R. 123 381 Williams v. Williams (1798) 1 Hag Con. 299 321 Wood, In re (1915) Han. B.R. 53 120 Wright v. Wright. 77 C.L.R. 191 330 Wu v. The King. [...] See Woodfall's Law of Landlord & Tenant, 24th Ed., 303; Williams on Canadian Landlord & Tenant, 2nd Ed., 159. [...] McDowall v. Great Western Ry. Co. (3) ; Corby v. Foster (4) ; Yachuk v. Biais (5) ; Kelly v. Barton (6) ; Williams v. Eady (7).
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3,616.
Marsden Kooler Transport v. Pollock - [1953] 1 SCR 66 - 1952-10-07
Jugements de la Cour suprême [ Anglais ]Automobile
Annie Pollock, as Administratrix of the Estate of William Bruno Pollock, Deceased (Plaintiff) Respondent. [...] This action is brought by his mother, as administratrix of his estate, on her own behalf and that of his father William [...] According to William Bruno, it would have cost him $120 a month for a man to replace his son as his assistant in carrying on his
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3,617.
Schara Tzedeck v. Royal Trust Co. - [1953] 1 SCR 31 - 1952-10-07
Jugements de la Cour suprême [ Anglais ]Successions
In Williams on Executors, 12th Ed. p. 610, the learned author says that if the deceased has left directions as to the disposal of his body, though these are not legally binding on the personal representative, effect should be given to his wishes as far as is possible. [...] in a Jewish cemetery in which the testatrix had her own burial plot, but this statement is not supported by authority (Williams, 12th Ed. p. 610: 3 Hals. p. 457).
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3,618.
McGonegal et al. v. Gray et al. - [1952] 2 SCR 274 - 1952-06-16
Jugements de la Cour suprême [ Anglais ]Droit de l'éducation
McDowall v. Great Western Ry. Co.[30]; Corby v. Foster[31]; Yachuk v. Blais[32]; Kelly v. Barton[33]; Williams v. Eady[34].
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3,619.
Minister of National Revenue v. Wain-Town - [1952] 2 SCR 377 - 1952-06-16
Jugements de la Cour suprême [ Anglais ]Droit fiscal
A particularly useful judgment is that of the High Court of Australia in McCauley v. The Federal Commissioner of Taxation 7, where it is pointed out that in an agreement drawn in England the term "royalties" has been used to describe payments for removing furnace slag from land (Shingler v. P. Williams and Sons 8) and in an
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3,620.
Industrial Acceptance Corp. v. Lalonde - [1952] 2 SCR 109 - 1952-06-04
Jugements de la Cour suprême [ Anglais ]Faillite et insolvabilité
Lalonde, after becoming bankrupt, was employed by The Sherwin-Williams Co. of Canada Limited at a salary of $390 per month. [...] Upon a date that the evidence does not fix accurately, but in the summer months, Lalonde left the employment of The Sherwin-Williams Co. of Canada Limited and accepted employment with his father at a salary of $50 per week.
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3,621.
Smith v. Smith - [1952] 2 SCR 312 - 1952-05-12
Jugements de la Cour suprême [ Anglais ]Droit de la famille
In Williams v. Williams [50], Sir William Scott, after-wards Lord Stowell, said (pp. 299, 300) :-‑ [...] In Loveden v. Loveden [51], referred to in the judgment of Tucker L.J. on the appeal in Ginesi's case and by Lord MacDermott in the case of Preston-Jones, Sir William Scott employed the language so constantly referred to on the subject (pp. 2, 3) :‑ [...] In Shelford's work on the Law of Marriage and Divorce published in 1841, after referring to the fact that adultery can hardly be proved by any direct means, the learned author adopts the language employed by Lord Stowell in Williams v. Williams (supra) and Loveden v. Loveden (supra) as stating the general rule applicable as
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3,622.
Vancouver General Hospital v. Fraser - [1952] 2 SCR 36 - 1952-05-12
Jugements de la Cour suprême [ Anglais ]Droit du travail
I do not think this statement was intended to differ with what had been said by Willes, J. in Ryder v. Wombwell[23] , where, delivering the judgment of a court which included Byles, Blackburn, Montague Smith and Lush, JJ., he quoted with approval what was said by Williams, J. in Toomey v. London and Brighton Railway
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3,623.
SCR | RCS [1952] vol 1 - 1952-04-22
Recueil des arrêts de la Cour suprême du CanadaThe specification is dated the 28th day of February, 1938, and the patent was granted to William R. Uhlemann on the 16th day of May, 1939. [...] 288 SUPREME COURT OF CANADA i952 1951 The other members of the Court, Littledale, Williams DOUGLAS and Coleridge, JJ. concurred. [...] 1 S.C.R.] SUPREME COURT OF CANADA 343 JOHN KISSICK, PETER KISSICK, 1951 WILLIAM KISSICK, STELLA APPELLANTS; *Dec. 3, 4.
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3,624.
Bouck v. Minister of National Revenue - [1952] 2 SCR 17 - 1952-03-22
Jugements de la Cour suprême [ Anglais ]Droit fiscal
Here, to adapt the language of Sir William Meredith, at page 611 of 33 O.L.R., the appellant was entitled to receive the income, subject to an obligation on her part to maintain and educate the children out of it but leaving to her discretion the manner in and the extent to which provision should be made for any child, a
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3,625.
Grossman et al. v. The King - [1952] 1 SCR 571 - 1952-02-05
Jugements de la Cour suprême [ Anglais ]Droit aérien
Kerwin and Estey JJ. dissented, they both being of the opinion that one of these non-commissioned officers, one Williams, a sergeant major, owed a duty to the suppliant to prevent the men under his charge from firing and that, accordingly, the Crown was liable.