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Encyclopedia results for CCH Canadian Ltd v Law Society of Upper Canada

CCH Canadian Ltd v Law Society of Upper Canada





Encyclopedia results for CCH Canadian Ltd v Law Society of Upper Canada

  1. CCH Canadian Ltd. v. Law Society of Upper Canada

    SCCInfoBox case name CCH Canadian Ltd. v. Law Society of Upper Canada full case name CCH Canadian Ltd., Thomson Canada Limited c.o.b. as Carswell Thomson Professional Publishing, and Canada Law Book Inc. v. Law Society of Upper Canada heard date November 10, 2003 decided date March 4, 2004 citations ... , RSC 1985, c C 42 CCH Canadian Limited v. Law Society of Upper Canada , 2004 1 SCR 339, canlii scc 2004 13 is a landmark Supreme Court of Canada case that established the bounds of fair dealing in Canadian copyright law . A group of publishers sued the Law Society of Upper Canada for copyright infringement ... Society s practice fell within the bounds of fair dealing. Background Since 1954 the Law Society of Upper ... Court of Canada cases Category Canadian copyright case law Category 2004 in Canada Category 2004 ... of works held by the library. Three of the largest publishers of legal sources, CCH Canadian Limited , Thomson Corporation Carswell Thomson Professional Publishing and Canada Law Book Inc., sued the Law .... In response, the Law Society argued that the services it offered were necessary to provide ... near by. The Law Society sought a declaration that its activities did not infringe on the publishers ... McLachlin Chief Justice McLachlin . The Court held that the Law Society did not infringe any ... works for its patrons use? Were the Law Society s dealings with the publishers works fair dealing s under s. 29 of the Canadian Copyright Act Copyright Act ? Did Canada Law Book consent to have its works reproduced by the Great Library? The Court also considered whether the Law Society ... the Law Society s fax transmissions of the publishers works constitute communications to the public within s. 3 1 f of the Copyright Act so as to constitute copyright infringement? Did the Law Society ...? Does the Law Society qualify for an exemption as a library, archive or museum under ss. 2 and 30.2 1 of the Copyright Act? To the extent that the Law Society has been found to infringe any one or more ...   more details



  1. Law Society of Upper Canada v. Skapinker

    SCCInfoBox case name Law Society of Upper Canada v. Skapinker full case name The Law Society of Upper Canada v. Joel Skapinker heard date February 23, 24, 1984 decided date May 3, 1984 citations 1984 1 S.C.R. 357 docket 17537 history ruling Law Society appeal allowed. ratio SCC 1984 1985 Unanimous Estey J. NotParticipating Law Society of Upper Canada v. Skapinker , 1984 1 S.C.R. 357 is a leading Supreme Court of Canada decision on mobility rights protected under Section Six of the Canadian Charter of Rights and Freedoms section 6 of the Canadian Charter of Rights and Freedoms . It is also the first Charter decision to reach the Supreme Court since its enactment in 1982. Background Joel Skapinker was a citizen of South Africa residing in Canada who applied to the Ontario bar to practice law. The bar refused his application as the Law Society Act required that he be a Canadian citizen. Skapinker brought an application to have the provision of the Act requiring Canadian citizenship be held inoperative on the basis that it violated section 6 2 b of the Charter. At trial, the application was denied. However, on appeal the Court held that his mobility rights were in fact violated. Opinion of the Court The unanimous Court held that Skapinker s rights were not violated by the Law Society Act. Estey J., writing for the Court, acknowledged the difficulty in interpreting the Charter as it was not to be treated like a statute. He examined the headings of each section and tried to reconcile them with the wording of the sections. He noted several factors that must be considered the degree .... See also List of Supreme Court of Canada cases Dickson Court Andrews v. Law Society of British ... s Section 15 Charter rights. External links lexum scc2 1984 1 357 3 Category Canadian Charter of Rights and Freedoms case law Category Supreme Court of Canada cases Category 1984 in Canada Category 1984 in case law ...   more details



  1. The Law Society of Upper Canada

    of the Law Society of Upper Canada CCH Canadian Ltd. v. Law Society of Upper Canada TitlePLUS Federation of Law Societies of Canada External links http www.lsuc.on.ca Law Society of Upper Canada Canada topic Law Society of DEFAULTSORT Ontario Law Society http www.law wiki.com wiki Ontario LSUC Lawyer Discipline Records Law Wiki.com LSUC Discipline Records Category Law societies of Canada Upper Canada Category Lawyers in Ontario Category Ontario law Law Society Category Organizations established ...Infobox Organization name The Law Society of Upper Canada image image border size caption map msize mcaption abbreviation LSUC motto Let Right Prevail formation 1797 extinction type Law Society status ... http www.lsuc.on.ca Law Society of Upper Canada remarks Image LSUClogo.png right The Law Society of Upper Canada LSUC is responsible for the self regulation of lawyers and paralegals in the Canada Canadian province of Ontario , Canada . Founded in 1797, it is known in French language French as Le Barreau du Haut Canada . The motto of the Society is Let Right Prevail . History and function File Receipt for application to the Law Society of Upper Canada issued to John A. Macdonald, February 5, 1836.jpg thumb left Receipt dated February 5, 1836 for application to the Law Society of Upper Canada ... url http www.eluta.ca top employer law society of upper canada title Reasons for Selection, 2009 Greater ... glass window.jpg thumb left Osgoode Hall stained glass window The Law Society was created in 1797 to regulate the legal profession in the British North America British colony of Upper Canada . The Law Society has continued to retain its original name, even though Upper Canada ceased to exist as a political entity in 1841. The Society governed the legal profession in the coterminous Canada West from 1841 to 1867, and in Ontario since Canadian confederation confederation in 1867. The Law Society .... In 1994, the Law Society affirmed its role by adopting this Role Statement The Law Society of Upper ...   more details



  1. CCH Canadian

    document storage. Citation needed date July 2011 See also CCH Canadian Ltd. v. Law Society of Upper Canada References CCH Canadian History http www.cch.ca aboutcch CCH Canadian Tax and Accounting http www.cch.ca tax External links CCH Canadian History http www.cch.ca aboutcch CCH Canadian Tax and Accounting http www.cch.ca tax DEFAULTSORT Cch Canadian Limited Category Book publishing companies ... , auditing, law and human resources. industry Publishing and information services num employees 500 homepage http www.cch.ca www.cch.ca CCH Canadian Limited is one of the four operating units of Wolters Kluwer Tax & Accounting. CCH Canadian Ltd. is a provider of solution s for professionals in the area of tax, accounting, law, human resources and financial planning. History CCH Canadian Limited ...Primary sources date July 2011 Infobox company company name CCH Canadian Limited company logo company slogan The Professional s First Choice location Toronto , Canada key people Doug Finley, President ... in Canada for Commerce Clearing House Inc. s loose leaf publication Canadian Tax Reports in 3 volumes. In 1945 the Kingsland Company and CCH jointly formed CCH Canadian Limited. In 1950, Mr. Kingsland sold his interest in the company and CCH Canadian Limited became a wholly owned affiliate of Commerce Clearing House, Inc. In 1979, CCH Canadian acquired Formules Municipales Lt e FM , a Quebec based ... on French Civil Law. CCH Incorporated was purchased by Wolters Kluwer, the Dutch publishing company ... boards of Quebec since 1886. FM was renamed Publications CCH Lt e in 1996 and was becoming one of the largest ... worldwide. On January 1, 1996, CCH Incorporated became a wholly owned subsidiary of Wolters Kluwer ... formed the backbone of CCH s Tax Compliance products. These software products simplify compliance .... In September 2000, CCH acquired Portfolio Publishing financial planning software products ... sophisticated plans and forecasts, calculating changes in seconds. New products like the CCH Accountant ...   more details



  1. Law Society of Upper Canada Archives

    Infobox museum name Law Society of Upper Canada Archives established 1982 location Osgoode Hall, 130 Queen St. W., Toronto, Ontario, Canada, M5H 2N6 website http rc.lsuc.on.ca library archives.htm File Osgoode Hall in 1884.jpg thumb Osgoode Hall, 1884 The Law Society of Upper Canada Archives collects and preserves records and other material that documents the history of the legal profession in Ontario . The Archives acquires and preserves records of permanent value to the Law Society of Upper Canada , the regulatory body for lawyers and paralegals in the province of Ontario . The Archives also ..., activities, and functions of the Law Society of Upper Canada since it was established in 1797 ..., the Archives collects periodicals that relate to the Law Society of Upper Canada or the Ontario legal profession, such as copies of Obiter Dicta , the Osgoode Hall Law School student newspaper. File ... Moore, Christopher, The Law Society of Upper Canada and Ontario s lawyers, 1797 1997 , University ... http rc.lsuc.on.ca library archives.htm Law Society of Upper Canada Archives http www.flickr.com photos ... Hall , and Law Society events. The Archives also collects printed and published material about or by the Law Society of Upper Canada that is deemed important. Special Collections includes brochures ... serves as an information resource centre for Law Society staff, the legal profession, and the public ... accepts donations of non Law Society records significant to the legal history of Ontario. The Archives ... William Osgoode Sir John Graves Simcoe Chief Justice William Goldwin Carrington Howland Women s Law Association of Ontario Sir John Beverley Robinson The Juvenile Advocate Society , an early 18th century law students club Cyril Frederick Harshaw Carson The Archives contains over 75,000 photographs, which includes an almost complete set of Osgoode Hall Law School class photographs from 1891 to 1968 ... in Canada Category 1982 establishments in Canada ...   more details



  1. List of Treasurers of the Law Society of Upper Canada

    Millar 2008 2010 Laurie Pawlitza 2010 Category Law societies of Canada Category Ontario law Law Society Category Treasurers of the Law Society of Upper Canada Baldwin, William ...   more details



  1. Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers

    McLachlin Court Theberge v. Galerie d Art du Petit Champlain CCH Canadian Ltd. v. Law Society of Upper ...SCCInfoBox case name SOCAN v. CAIP heard date December 3, 2003 decided date June 30, 2004 full case name Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers ... J. Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers Case citation Canada 2 S.C.R. 427 , canlii scc 2004 45 also known as the Tariff 22 case is a leading decision by the Supreme Court of Canada on Internet Service Provider ISP liability for copyright ... Publishers Of Canada V. Canadian Assn. Of Internet Providers Category Supreme Court of Canada cases Category Canadian copyright case law Category 2004 in case law Category 2004 in Canada ... for SOCAN in the Federal Court of Appeal Canada Federal Court of Appeal . SCC 2003 2004 Majority Binnie ... and is not dependent on where the ISP is located. Background In 1995 the Society of Composers, Authors, and Music Publishers of Canada SOCAN applied for a royalty tariff to the Copyright Board of Canada that would allow them to collect royalties for copyrighted materials transferred over the internet. In rebuttal, the Canadian Association of Internet Providers CAIP claimed that they served only as intermediaries and could not be held liable. In 2002, the Federal Court of Appeal Canada Federal ... should not be limited to material originating from Canada alone. Reasons of the court The Court .... It depends on whether there is a real and substantial connection between Canada and the transmission ... from Canada. Turning to the liability of the ISPs, Binnie examined the policy reason behind ... copyright as with the photocopier in the CCH case is not necessarily sufficient to constitute ... favour, encourage CCH, at para. 38 the infringing conduct. However, in obiter Binnie further suggested ... to only apply to providers located in Canada. He finds the board s test to be more in line with international ...   more details



  1. Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)

    SCCInfoBox case name Canadian Foundation for Children, Youth and the Law v. Canada Attorney General full case name Canadian Foundation for Children, Youth and the Law v. Attorney General in Right of Canada ... J. paras. 212 246 NotParticipating LawsApplied Canadian Foundation for Children, Youth and the Law v. Canada , 2004 1 S.C.R. 76, 2004 SCC 4 known also as the spanking case is a leading Canadian Charter of Rights and Freedoms Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code of Canada that allowed for a defence for assaulting children as not in violation of Section Seven of the Canadian Charter of Rights and Freedoms section 7 , Section Twelve of the Canadian Charter of Rights and Freedoms section 12 or Section Fifteen of the Canadian Charter of Rights and Freedoms section 15 1 of the Charter. Background The Canadian Foundation for Children, Youth and the Law Foundation applied for a declaration to strike down section 43 of the Criminal ... and the claimant s characteristics or circumstances the second contextual factor from the Law v. Canada ... v. Canada . When identifying from whose perspective the analysis must be, McLachlin notes that rather ... Charter case law Category Childhood Category 2004 in Canada Category 2004 in case law Category Spanking Category Canadian Charter of Rights and Freedoms case law Category Section Seven Charter case law Category Canadian criminal law ... 29113 history Judgment for the Attorney General of Canada in the Court of Appeal for Ontario . ruling Appeal dismissed. ratio Section 43 of the Criminal Code of Canada which allows parents and teachers to use force to correct a child s behaviour does not infringe the Canadian Charter of Rights ... section 7 of the Canadian Charter because it fails to give procedural protections to children, does .... McLachlin found that there was no violation of section. The Crown had conceded that the law adversely ...   more details



  1. R. v. Crown Zellerbach Canada Ltd.

    SCCInfoBox case name Crown Zellerbach full case name R. v. Crown Zellerbach Canada Ltd. heard date N A decided date March 24, 1988 citations 1988 1 S.C.R. 401 history Act found ultra vires at trial, BCCA dismissed appeal ruling Act is intra vires , appeal allowed ratio All matters relating to polluting the ocean are within the exclusive jurisdiction of the federal government owing to the national concern branch of the peace, order, and good government clause. R. v. Crown Zellerbach Canada Ltd. 1988 1 S.C.R. 401, is a leading constitutional decision of the Supreme Court of Canada . The Court upheld the validity of the Ocean Dumping Act now part of the Canadian Environmental Protection Act finding that all matters related to polluting the ocean are within the exclusive jurisdiction of the federal government owing to the national concern branch of the peace, order, and good government clause in the British North America Act, 1867 now known as the Constitution Act, 1867 . See also List of Supreme Court of Canada cases Dickson Court External links lexum scc2 1988 1 401 63 DEFAULTSORT Crown Zellerbach Canada Ltd. Category Supreme Court of Canada cases Category Canadian federalism case law Category 1988 in Canada Category 1988 in case law Canada law stub ...   more details



  1. Brooks v. Canada Safeway Ltd.

    SCCInfoBox case name Brooks v. Canada Safeway Ltd. full case name Susan Brooks v. Canada Safeway Limited br Patricia Allen and Patricia Dixon and the Manitoba Human Rights Commission v. Canada Safeway Limited heard date June 15, 1988 decided date May 4, 1989 citations 1989 1 S.C.R. 1219 docket 20131 history Judgment for Safeway Inc. Safeway in the Manitoba Court of Appeal . ruling Appeal allowed. ratio Denial of employee benefit to women on Parental leave leave for pregnancy is discrimination . SCC 1987 1988 Unanimous Dickson C.J. Majority JoinMajority Concurrence JoinConcurrence Concurrence Dissent JoinConcurrence Dissent Dissent JoinDissent NotParticipating Lamer, Le Dain, and McLachlin JJ. LawsApplied Brooks v. Safeway Canada 1989 1 S.C.R. 1219 is a leading Supreme Court of Canada decision on employer discrimination of pregnancy pregnant employees. The Court found that Safeway Inc. Safeway violated the provincial Human Rights Act by failing to provide equal compensation for those who missed work due to pregnancy. This decision overturned the controversial case of Bliss v. Attorney General of Canada , 1979 . In 1982, Susan Brooks, Patricia Allen and Patricia Dixon were all part time cashiers at Safeway who became pregnant. The Safeway insurance plan that provided benefits for loss of pay due to accident or sickness did not give full benefits for 17 weeks for those who were unable to work due to pregnancy. The three women brought claims against Safeway for discriminating on the basis of pregnancy for discrimination based on sex. The Court held unanimously that the insurance policy was discriminating against pregnant women. See also List of Supreme Court of Canada cases Canadian labour law External links lexum scc2 1989 1 1219 96 Canada law stub Safeway, Inc. Category Canadian civil rights case law Category Supreme Court of Canada cases Category 1989 in Canada Category Pregnancy Category Canada labour case law Category 1989 in case law Category Safeway Inc. ...   more details



  1. Moran v. Pyle National (Canada) Ltd.

    orphan date January 2010 Unreferenced date February 2007 Moran v. Pyle National Canada Ltd. , 1975 1 S.C.R. 393 is a leading Canadian case on conflict of laws decided by the Supreme Court of Canada . The decision represented the biggest transformation in the law of conflicts for over 15 years until the later case of Morguard Investments Ltd. v. De Savoye 1990 . A Saskatchewan man was killed in his home while replacing a light bulb that was manufactured by the defendant in Ontario . The Court allowed the widow to sue in tort within Saskatchewan despite the defendant not having any presence in Saskatchewan. The Court adopted a more modern and liberal interpretation of jurisdiction and the location of a tort that balanced fairness between the parties. Justice Dickson, on the issue of whether the Saskatchewan court could have jurisdiction over the issue, held that Quote Generally speaking, in determining where a tort has been committed, it is unnecessary, and unwise, to have resort to any arbitrary set of rules. The place of acting and the place of harm theories are too arbitrary and inflexible to be recognized in contemporary jurisprudence. ... By tendering his products in the market place directly or through normal distributive channels, a manufacturer ought to assume the burden of defending those products wherever they cause harm as long as the forum into which the manufacturer is taken is one that he reasonably ought to have had in his contemplation when he so tendered his goods. pp.408 409 See also List of Supreme Court of Canada cases DEFAULTSORT Moran V. Pyle National Canada Ltd. Category Conflict of laws case law Category Supreme Court of Canada cases Category Canadian civil procedure case law Category 1975 in Canada Category Supreme Court of Canada case articles without infoboxes Category 1975 in case law ...   more details



  1. MacDonald v. Vapor Canada Ltd.

    Unreferenced date December 2009 MacDonald v. Vapor Canada Ltd. , 1977 2 S.C.R. 134 is a leading constitutional decision of the Supreme Court of Canada on the Trade and Commerce power under section 91 2 of the Constitution Act, 1867 . Background The federal Canadian trade mark law Trade marks Act provided remedies for acts or business practices that are contrary to honest industrial or commercial usage in Canada . The constitutionality of these provisions were challenged as ultra vires of the federal government as it created civil remedy and cause of action for tort and contractual matters which is generally under the power of the provincial authority over property and civil rights . Federal Court of Appeal upheld the provision as valid under the Trade and Commerce power. The Supreme Court held in a unanimous decision that the provisions were unconstitutional. Opinion of the Court Bora Laskin Chief Justice Laskin , writing for the Court, found that the provisions did encroach on the province s authority over property and civil rights and could not be upheld under the trade and commerce branch. In considering the trade and commerce clause he examined the general trade branch of the clause first articulated in Citizen s Insurance Co. v. Parsons 1881 . Laskin proposed a three stage test for the general trade branch. First, there must be a general regulatory scheme . Second, the scheme must have the oversight of a regulatory agency , and third, the scheme must have a concern with trade as a whole rather than a particular industry . Aftermath The test was later modified by General Motors v. City of National Leasing 1989 . See also List of Supreme Court of Canada cases Laskin Court DEFAULTSORT Macdonald V. Vapor Canada Ltd. Category Canadian federalism case law Category Supreme Court of Canada cases Category 1977 in Canada Category Supreme Court of Canada case articles without infoboxes Category 1977 in case law ...   more details



  1. Canada Steamship Lines Ltd v R

    Refimprove date February 2011 Infobox court case name Canada Steamship Lines Ltd. v. The King court Judicial Committee of the Privy Council image imagesize imagelink imagealt caption full name date decided 21 January 1952 citations 1952 AC 192, http www.bailii.org uk cases UKPC 1952 1952 1.pdf 1952 nowiki nowiki UKPC 1 transcripts judges Lord Porter br Lord Normand br Lord Morton of Henryton br Cyril Asquith, Baron Asquith of Bishopstone Lord Asquith of Bishopstone br Lionel Cohen, Baron Cohen Lord ... v. Canada SS. Lines , 1950 S.C.R. 532 Image Maple Leaf from roundel .svg 20x20px appealed to subsequent actions related actions opinions keywords Unfair terms, contra proferentum italic title Canada Steamship Lines Ltd v The King ref Canada Steamship Lines Ltd v The King , 1952 AC 192, http www.bailii.org uk cases UKPC 1952 1952 1.pdf 1952 nowiki nowiki UKPC 1 ref is a Canadian contract law case ... Committee of the Privy Council , at that time the court of last resort for Canada , as part of the British Empire and Commonwealth. Although decided under the Civil Code of Lower Canada Civil Code of Lower Canada Quebec , it has been influential in similar cases under English law. Facts Clause 8 in a contract said the Crown would keep a freight shed in repair, where Canada Steamship Lines Ltd ..., 40,714 belonging to Canada Steamship Lines. Clause 7 said the lessee shall not have any claim for damage ... hereof, or the exercise in any manner of rights arising hereunder. The Crown argued that Canada ... terms English contract law Unfair Contract Terms Act 1977 Unfair Contract Terms Bill Interpreting contracts in English law Hollier v Rambler Motors AMC Ltd 1972 1 All ER 399 Notes Reflist Category English contract case law Category Canadian contract case law Category Judicial Committee of the Privy Council cases on appeal from Canada Category 1952 in case law Category 1952 in Canada Category Ships of Canadian Pacific ...   more details



  1. Labatt Breweries of Canada Ltd. v. Canada (Attorney General)

    SCCInfoBox case name Labatt Breweries of Canada Limited v. Canada Attorney General full case name Labatt Breweries of Canada Ltd. v. Attorney General of Canada heard date June 27 28, 1979 decided date December 21, 1979 citations 1980 1 S.C.R. 914 docket history ruling ratio SCC Majority Estey J. JoinMajority Concurrence JoinConcurrence Concurrence Dissent JoinConcurrence Dissent Dissent Laskin C.J. JoinDissent NotParticipating LawsApplied Labatt Breweries of Canada Limited v. Canada Attorney General , 1980 1 S.C.R. 914 ref http scc.lexum.org en 1979 1980scr1 914 1980scr1 914.html ref is a leading constitutional decision of the Supreme Court of Canada on the division of powers under the Constitution Act, 1867 . The Court held that the part of the federal Food and Drugs Act which prohibited the selling of light beer without labelling it to indicate its composition and purity was outside of the authority of the federal government to legislate. Background Labatt Brewing Co. produced a line of beer with a 4 per cent alcohol content that was labelled as Labatt s Special Lite and was sold in Ontario and British Columbia. Under Food and Drug Regulations beers could only be called light if it contained ... See also List of Supreme Court of Canada cases Laskin Court References Reflist Category Canadian federalism case law Category Supreme Court of Canada cases Category 1980 in Canada Category 1980 in case law Canada law stub ... held that despite that the law was accompanied by a penalty of imprisonment and was related to health and safety, it was not enough to save the Act under the Constitution s Criminal law power. The provisions were found to be regulatory in nature and not prohibitory. Equally, the law could not be saved ... 2 for subject matter that did not exist at canadian confederation confederation 3 where the subject ... of the law, which is a matter reserved only for law makers. Link http scc.lexum.org en 1979 1980scr1 ...   more details



  1. Krouse v. Chrysler Canada Ltd.

    Infobox court case name Krouse v. Chrysler Canada Ltd. court Ontario Court of Appeal image imagesize 100px imagelink imagealt caption full name date decided citations 1973 40 D.L.R. 3d 15 Ont. C.A. , 1973 13 C.P.R. 2d 28 transcripts judges number of judges decision by Willard Estey Estey J.A. prior actions appealed from Ontario Superior Court of Justice , Krouse v. Chrysler Canada Ltd. , 1971 , 5 C.P.R. 2d 30 appealed to related actions opinions keywords italic title Krouse v. Chrysler Canada Ltd. is generally thought to be the first case to clearly acknowledge the existence in Canada of a tort of appropriation of personality . Background Bob Krouse was a well known professional Canadian football football player with the Hamilton Tiger cats who played as the number 14. Grant Advertising was an advertising firm whose clients included Chrysler Canada. In 1969, Grant had produced an advertising scheme for Chrysler which included a cardboard scorecard that was distributed to the public. The scorecard ..., it was held that while Canadian law may contemplate a tort of appropriation of personality, the elements ... isbn 0 521 80014 5 Category Canadian copyright case law Category Personality rights Category 1971 in case law Category 1971 in Canada ... purposes iii breach of confidence iv breach of contract and v unjust enrichment . In his opinion ... raised three key issues of fact and law whether the plaintiff had a saleable product advertising ability whether such an ability was a property right protected by law and whether the defendant ... how his or her personality is used Cquote T he common law does contemplate a concept in the law of torts ... of Appeal did not elaborate on, or depart from, Haines J s analysis of the law at rst instance. Aftermath ... of action, but rather through one bold judicial stroke at rst instance. See Also Gould Estate v. Stoddart Publishing Co. Ltd. External links cite book last Beverley Smith first Huw title The commercial ...   more details



  1. Copthorne Holdings Ltd. v. Canada

    Infobox SCC case name Copthorne Holdings Ltd. v. Canada full case name heard date January 21, 2011 decided ... 2009fca163.html Copthorne Holding Ltd. v. Canada , 2009 FCA 163 CanLII , 2009 5 C.T.C. 1, 2009 ... Holdings Ltd. v. Canada , 2011 SCC 63, ref Cite web title Copthorne Holdings Ltd. v. Canada , 2011 ... 2007tcc481 2007tcc481.html Copthorne Holdings Ltd v. The Queen , 2007 TCC 481 CanLII , 2007 TCC 481 ... on the Court s previous ruling in 2005 in Canada Trustco Mortgage Co. v. Canada , 2005 SCC 54, 2005 2 S.C.R. 601, ref Cite web title Canada Trustco Mortgage Co. v. Canada , 2005 SCC 54 url http scc.lexum.org en 2005 2005scc54 2005scc54.html publisher Lexum ref , and in 2009 in Lipson v. Canada , 2009 SCC 1, 2009 1 S.C.R. 3 ref Cite web title Lipson v. Canada , 2009 SCC 1, 2009 1 S.C.R. 3 url ... of Canadian income tax law in the analysis of abusive tax transactions. There is, however ... cases Category Taxation in Canada Category 2011 in case law Category 2011 in Canada ... Court of Canada on the applicability of the General Anti Avoidance Rule GAAR in the interpretation of the Income taxes in Canada Income Tax Act Canada . ITA The facts Copthorne Holdings was part of a group of Canadian and non resident companies controlled by Li Ka Shing and his son Victor Li . It had ... in Copthorne Overseas Investment Ltd. COIL , a wholly owned Barbados company that carried on an active ... from Canada. This was effected by a series of transactions that in summary involved the transfer ... Court of Canada , Campbell J. found that all elements necessary to apply the GAAR had been established ... application of the GAAR. Decision of the Supreme Court of Canada The decision of the Federal Court .... ref Cite web author Ed Kroft, Deborah Toaze title Copthorne Supreme Court of Canada s Latest Views ... M.R. Richards, Brandon Siegal title Bad News for Aggressive Taxpayers Canada Revenue Agency Wins ... of tax loopholes url http business.financialpost.com 2011 12 16 supreme court of canada upholds use ...   more details



  1. Canadian Aero Service Ltd. v. O'Malley

    Fauteux C.J. and Abbott, Hall, and Pigeon JJ. LawsApplied Canadian Aero Service Ltd. v. O Malley , 1974 S.C.R. 592, ref Cite web title Can. Aero v. O Malley 1974 S.C.R. 592 url http scc.lexum.org ...quotefarm lengthy y date April 2012 Infobox SCC case name Can. Aero v. O Malley full case name Canadian Aero Service Limited v. Thomas M. O Malley, J. M. George Zarzycki, James E. Wells, Terra Surveys Limited heard date May 11, 12, 15, 16, 24, and 25, 1972 decided date June 29, 1973 citations 1974 S.C.R. 592 docket history Judgement against Canadian Aero Service Ltd. in the Court of Appeal for Ontario . subsequent ruling Appeal allowed in the cases of O Malley, Zarzycki, and Terra Surveys Ltd. appeal dismissed in case of Wells. ratio Senior officers in a subsidiary company still have a fiduciary duty to the controlling corporation. SCC 1970 1973 Unanimous Laskin J. Majority JoinMajority Concurrence ... Court of Canada on corporate Board of directors director and officer liability. Facts Canadian ... links lexum scc2 1974 0 592 23 1973 Category Supreme Court of Canada cases Category 1973 in Canada Category 1973 in case law Category Canadian corporation case law ... of the Supreme Court of Canada Appeal was allowed for all but one of the defendants. The Court held ... law company which includes the duties of loyalty, good faith and avoidance of a conflict of duty ... by Gower, Principles of Modern Company Law, 3rd ed., 1969, at p. 518 as follows ... these duties ... of fact do not admit of a conclusion of law by which to fix Wells with liability. There remains ... significantly extended the reach of fiduciary duties that had been previously recognized in Canadian law by Peso Silver Mines Ltd. N.P.L. v. Cropper , which had adopted the principles of Regal Hastings Ltd v. Gulliver . These principles have been furthered in subsequent cases, most notably in Peoples Department Stores Inc. Trustee of v. Wise . ref Cite web title Post Employment Competition ...   more details



  1. Law Society of British Columbia v. Mangat

    SCCInfoBox case name Law Society of British Columbia v. Mangat full case name Law Society of British Columbia v. Jaswant Singh Mangat, Westcoast Immigration Consultants Ltd., and Jill Sparling heard date ... law in Canada and was not a member of the Law Society of British Columbia B.C. Law Society . M ... dismissed. SCC 2000 2002 Unanimous Gonthier J. NotParticipating LawsApplied Law Society of British Columbia v. Mangat , 2001 3 Supreme Court Reports S.C.R. 113 is a leading Supreme Court of Canada decision where the Court held that a non lawyer may be given the power to Practice of law practice law under a federal statute even if it is contrary to a Provinces and territories of Canada provincial legal profession legislation. Background The respondent M was an Immigration to Canada immigration ... a person, other than a member of the Law Society in good standing or a person listed in the exceptions, to engage in the practice of law, is constitutionally inoperative to persons acting under ... in the same activities as M, given that M became a member of the Alberta Law Society soon ... External links lexum scc 2001 67 Category Canadian immigration and refugee case law Category Canadian federalism case law Category Supreme Court of Canada cases Category 2001 in Canada Category 2001 ... the persons for whom the acts were performed, before the Immigration and Refugee Board of Canada Immigration and Refugee Board IRB . The Law Society brought an application seeking a permanent injunction against M and Westcoast to prevent them from engaging in the ongoing practice of law, in contravention ... of law within the meaning of s. 1 of the Legal Profession Act, but contended that their conduct ... 1 of the Immigration Act did not authorize the practice of law. Alternatively, she would have granted ... of the federal government, and that Reyat was allowed to practice law in front of the Board under the provisions .... He found that the paramountcy doctrine was more appropriate as there was a clear double aspect in the law ...   more details



  1. Law v. Canada (Minister of Employment and Immigration)

    SCCInfoBox case name Law v. Canada Minister of Employment and Immigration full case name Nancy Law v ... Law v. Canada Minister of Employment and Immigration , 1999 1 S. C. R. 497 is a Lists of landmark court decisions leading Supreme Court of Canada decision. The ruling is notable because the court created the Law test , a significant new tool that has since been used by Canadian courts for determining the validity of equality right claims under Section Fifteen of the Canadian Charter of Rights and Freedoms section 15 of the Canadian Charter of Rights and Freedoms . However, the Law test has since been discredited by the Supreme Court. Background The case involved Nancy Law, a 30 year old ... in Andrews v. Law Society of British Columbia . The dispute culminated in this case where ... enjoy equal recognition at law as human beings or as members of Canadian society, equally capable ... in some respects contradicted the earlier section 15 case Andrews v. Law Society of British Columbia ... References Reflist 2 External links lexum scc2 1999 1 497 675 DEFAULTSORT Law V. Canada Minister Of Employment And Immigration Category Section Fifteen Charter case law Category Supreme Court of Canada cases Category 1999 in Canada Category 1999 in case law ... of recognition or value as a human being or as a member of Canadian society, equally deserving of concern ... situation in a manner that respects his or her value as a human being or member of Canadian society ..., Peter W. Constitutional Law of Canada. 2003 Student Ed. Scarborough, Ontario Thomson Canada Limited ... C.R.R. 2d 1 docket 25374 history ruling The Canada Pension Plan did not violate the equality right ... held that the legislation did not violate Law s rights. The majority held that even if it did it would be justified under Section One of the Canadian Charter of Rights and Freedoms section 1 of the Charter. However, the dissenting opinion found that the age distinction was arbitrary and Canadian ...   more details



  1. Black v. Law Society of Alberta

    JJ. LawsApplied Black v. Law Society of Alberta , 1989 1 SCR 591 is a leading Supreme Court of Canada on the freedom of mobility and freedom of association under the Canadian Charter of Rights and Freedoms . Background A number of lawyer s from an Ontario law firm attempted to establish an office in Alberta ... under Section Two of the Canadian Charter of Rights and Freedoms section 2 d of the Charter and freedom of mobility under Section Six of the Canadian Charter of Rights and Freedoms section 6 . Reasons of the court Justice LaForest, writing for the majority, struck down the provisions of the Law Society Act on the grounds that it violated the freedom of mobility. External links lexum scc2 1989 1 591 132 DEFAULTSORT Black V. Law Society Of Alberta Category Canadian Charter of Rights and Freedoms case law Category Supreme Court of Canada cases Category 1989 in Canada Category 1989 in case law canada law stub ...SCCInfoBox case name Black v. Law Society of Alberta full case name The Law Society of Alberta v. Robert G. Black, G. Patrick H. Vernon, Basil R. Cheeseman, L. Thomas Forbes, James C. McCartney, Douglas S. Ewens,D. Murray Paton, Richard A. Shaw, Edward P. Kerwin, G. Blair Cowper Smith and Peter D. Quinn carrying on the practice of law under the firm name of Black & Company heard date March 22 and 23, 1988 decided date April 20, 1989 citations 1989 1 S.C.R. 591 docket 19889 history Judgment against the Law Society of Alberta in the Court of Appeal for Alberta . ruling Appeal dismissed ratio A law preventing a person from earning a living due to a provincial boundary may infringe their mobility rights under Section Six of the Canadian Charter of Rights and Freedoms Section 6 2 of the Canadian Charter of Rights and Freedoms , even if the person is not physically moving to the other province ... in the Toronto office. In response to this the province of Alberta amended the Alberta Law Society ...   more details



  1. General Motors of Canada Ltd. v. City National Leasing

    SCCInfoBox case name General Motors of Canada Ltd. v. City National Leasing full case name General Motors of Canada Limited v. City National Leasing heard date May 17, 18, 1988 decided date April 20, 1989 citations 1989 1 S.C.R. 641 docket 19724 ruling Appeal dismissed ratio SCC 1988 1988 Unanimous Dickson C.J. NotParticipating LawsApplied Attorney General of Canada v. Canadian National Transportation, Ltd. , 1983 2 S.C.R. 206 MacDonald v. Vapor Canada Ltd. , 1977 2 S.C.R. 134 General Motors of Canada Ltd. v. City National Leasing 1989 1 S.C.R. 641, is a leading Supreme Court of Canada decision on the scope of the Canadian federalism Trade and Commerce powers of the Constitution Act, 1867 as well as the interpretation of the Ancillary doctrine . Background During the 1970s General Motors GM sold vehicles to both City National Leasing CNL and to CNL s competitors. It was discovered that GM was giving CNL s competitor a better interest rate than CNL, which violated the federal Combines Investigation Act . In its defence GM argued that the provision in the Act that created the civil cause of action was outside the legislative competence of the federal government. The motions judge found that the provision was ultra vires the federal government and struck it out. The Court of Appeal overturned the decision. The issues before the Supreme Court were whether the Combines Investigation Act, either in whole or in part, was intra vires Parliament under s. 91 2 of the Constitution Act, 1867 ... also List of Supreme Court of Canada cases Dickson Court External links lexum scc2 1989 1 641 133 Category Supreme Court of Canada cases Category Canadian federalism case law Category General Motors Category 1989 in Canada Category 1989 in case law ... could be found valid under the ancillary doctrine. In examining the test established Papp v. Papp , the Court re articulated it. First, the law as a whole must be valid. If so, the Court must consider ...   more details



  1. Law Society of New Brunswick v. Ryan

    SCCInfoBox case name Law Society of New Brunswick v. Ryan full case name Law Society of New Brunswick v. Ryan heard date October 1, 2002 decided date April 3, 2003 citations 2003 SCC 20 docket 28639 history ruling Appeal allowed, order restored ratio SCC 2002 2003 Unanimous Iacobucci J. NotParticipating LawsApplied Law Society of New Brunswick v. Ryan , 2003 SCC 20 is a leading decision of the Supreme Court of Canada on judicial review for professional disciplinary bodies in Canadian administrative law . The Court determined that decisions of professional disciplinary committees are reviewed on a standard of reasonableness simpliciter . Background Michael Ryan was found lying to clients about the progress of their cases. Ryan was put to the Discipline Committee of the Law Society of New Brunswick. In his defence he argued that he was suffering from psychological and health problems which drove him to his actions. The committee disbarred him. Ryan appealed to the New Brunswick Court of Appeal which ordered a new hearing with medical evidence. In the second hearing, Ryan was disbarred again. He appealed again to the Court of Appeal who set aside the committee s decision. The Supreme Court of Canada was asked to consider the standard of review that should be applied by the courts to disciplinary bodies and consider whether Ryan s disbarment should be set aside. Decision Iacobucci, writing for the Court, allowed the appeal and restored the order for disbarment. The Court held that the proper standard of review is reasonableness simpliciter. On application of the standard, the order ... others. ref para. 33 ref References reflist 2 See also List of Supreme Court of Canada cases Dr. Q v. College of Physicians and Surgeons of British Columbia 2003 SCC 19 companion case External links lexum scc 2003 20 Category Canadian administrative case law Category Supreme Court of Canada cases Category 2003 in Canada Category 2003 in case law ...   more details



  1. Andrews v. Law Society of British Columbia

    SCCInfoBox case name Andrews v. Law Society of British Columbia full case name The Law Society of British Columbia and The Attorney General of British Columbia v. Mark David Andrews and Gorel Elizabeth ... Dain JJ. LawsApplied Andrews v. Law Society of British Columbia , 1989 1 SCR 143 is the first Supreme Court of Canada case to deal with Section Fifteen of the Canadian Charter of Rights and Freedoms section 15 equality rights of the Canadian Charter of Rights and Freedoms . In the case the court outlined ... in favour of the Law Society. On appeal to the British Columbia Court of Appeal the ruling was overturned. Judgment The issue put to the court was whether the requirement of Canadian citizenship for admission ... 143.html SCC Decisions ref Irwin Nathanson, Q.C., and Rhys Davies, for the appellant Law Society of British ..., Q.C., for the intervener the Federation of Law Societies of Canada. D. G. Cowper and W. S. Martin ... alike and dislikes differently was firmly rejected. The case of Bliss v. Canada , a pre Charter ... to strike down a law must demonstrate the existence of differential treatment based on either of the two grounds. From there the onus shifts to the Crown who must show the law justified under s. 1 . References Reflist External links lexum scc2 1989 1 143 2 Category Supreme Court of Canada cases Category Section Fifteen Charter case law Category 1989 in Canada Category 1989 in case law ..., infringes Section Fifteen of the Canadian Charter of Rights and Freedoms s. 15 equality ... of equality rights. History Andrews, a United Kingdom British subject permanently resident in Canada, met all the requirements for admission to the provincial bar with the exception that he was not a Canadian .... Steven Barrett, for the interveners the Canadian Association of University Teachers ... guarantee of equality, rather it is only concerned with equal application of the law. It was further ... of society. Distinctions based on personal characteristics attributed to an individual solely ...   more details



  1. Upper Canada

    the Law Society of Upper Canada , Upper Canada Lumber, Upper Canada College , Upper Canada Mall in Newmarket ... name Rea Rea, J. Edgar, Rebellion in Upper Canada, 1837 in Manitoba Historical Society Transactions ... Rea, J. Edgar, Rebellion in Upper Canada, 1837 in Manitoba Historical Society Transactions Series 3 ... to the Upper and Lower Canada rebellions of 1837 and 1837 38, respectively. At Canadian Confederation ... Rea, J. Edgar. Rebellion in Upper Canada, 1837 Manitoba Historical Society Transactions Series 3, Number ... name conventional long name Province of Upper Canada common name Upper Canada ag continent North America ... image map caption Map of Upper Canada orange capital Niagara on the Lake, Ontario Newark 1792 1797 renamed Niagara 1798, Niagara on the Lake 1970 br York, Upper Canada York later renamed Toronto ... Lieutenant Governors of Upper Canada, 1791 1841 list of Lieutenant Governors year deputy1 title deputy Lieutenant Governor Canada Lieutenant Governor Executive Council of Upper Canada cabinet legislature Parliament of Upper Canada house1 Legislative Council of Upper Canada Legislative Council house2 Legislative Assembly of Upper Canada Legislative Assembly house3 Executive Council of Upper Canada ... footnotes today flag Ontario The Province of Upper Canada French province du Haut Canada was a political .... Upper Canada existed from December 26, 1791 to February 10, 1841 and generally comprised present ... or present day Quebec to the northeast. Upper Canada included all of modern day southern Ontario ... from Canada under British Imperial control British Canadian provinces . The territories of modern ... addressed some religious issues, it did not appease those used to English culture. Upper Canada ... Act of 1791 . The act divided the Province of Quebec into Upper and Lower Canada, which ... society of today s Canada. The division was effected so that Loyalist American settlers and British immigrants in Upper Canada could have English laws and institutions, and the French speaking population ...   more details



  1. Airservices Australia v Canadian Airlines International Ltd

    orphan date January 2008 Infobox Court Case name Airservices Australia v Canadian Airlines International Ltd court High Court of Australia image Australia coa.png date decided 2 December 1999 full name Airservices Australia v Canadian Airlines International Ltd citations http www.austlii.edu.au au cases cth HCA 1999 62.html 2000 202 CLR 133 judges Murray Gleeson Gleeson CJ, Mary Gaudron Gaudron , Michael McHugh McHugh , William Gummow Gummow , Michael Kirby judge Kirby , Kenneth Hayne Hayne and Ian Callinan Callinan JJ prior actions none subsequent actions none opinions 5 2 The fee imposed under the Civil Aviation Act 1988 was not a tax small per Gleeson CJ, McHugh, Gummow and Hayne JJ small Airservices Australia v Canadian Airlines International Ltd 2000 202 Commonwealth Law Reports CLR 133 is a High Court of Australia case that affirms previous High Court definitions of a tax. Facts Between December 1990 and December 1991 Compass Airlines Pty Ltd Compass carried on business as an Australian domestic airline. The business subsequently failed, and in December 1991 Compass went into provisional liquidation. The aircraft operated by Compass were leased from Canadian Airlines International Ltd. At the relevant time, the Civil Aviation Act 1988 contained provisions relating to the imposition ... Court of Australia Federal Court Canadian Airlines successfully contended that the charges ... Airservices Australia and the services received by Canadian Airlines. The method of calculation meant the amount paid by Canadian Airlines was not in proportion to their use of the services. Expert ... the requirement somewhat because the fee paid by Canadian Airlines was not in proportion to their use ... in Australia Australian constitutional law References George Winterton Winterton, G. et al. Australian federal constitutional law commentary and materials , 1999. LBC Information Services, Sydney ... law Category Taxation in the Australian Constitution cases Category 2000 in case law ...   more details




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