Labour-Arbitration-Objection to clause in award-Whether arbitrators exceeded jurisdiction-The Public Services Employees' Disputes Act, R.S.Q. 1941, c. 169-The Quebec Trade Disputes Act, R.S.Q. 1941, c. 167.
When the plaintiff hospitals and the defendant union found themselves unable to agree upon a new contract, the matter was referred to a council of arbitration under The Public Service Employees' Disputes Act, R.S.Q. 1941, c. 169, and according to the provisions of The Quebec Trade Disputes Act, R.S.Q. 1941, c. 167. The council of arbitration rendered its decision which included a formula consisting of the following three clauses:
A partir de la date de ce contrat, I'employeur consent d'engager comme employ6 seulement les personnes qui donnent volontairement leur autorisation 6crite et dfment sign~e, pour retenir sur leur salaire la cotisation syndicale qui est fixie au montant de $2.50 par mois, pour la durde de la convention.
Il est entendu que cette autorisation ne sera pas demand6e comme condition d'emploi, mais sera simplement la modalit6 pour d6frayer le maintien de l'agence ndgociatrice collective dament certifi6e en vertu de la Loi des relations ouvribres de la province de Qubbec.
Si l'employeur d6sire engager une personne qui ne consent pas, pour des raisons personnelles, h donner l'autorisation 6crite dont il est question au premier paragraphe, I'employeur pourra engager tel employ6, mais dans ce cas l'employeur sera tenu de payer lesdites cotisations en ajoutant le montant de ces cotisations aux argents pergus sous l'article 2, parag. 3.
The hospitals sought the annulment of these three clauses. The trial judge held that the council of arbitration had exceeded its jurisdiction and that the three clauses were therefore illegal and null. This judgment was affirmed by the Court of Queen's Bench. The union appealed to this Court.
Held: The appeal should be dismissed.
APPEAL from a judgment of the Court of Queen's Bench, Appeal Side, Province of Quebec', affirming a judgment of Montpetit J. Appeal dismissed.
Kerwin CJ. and Taschereau,
Fauteux, Abbott and Ritchie JJ.
J. Gazdik, for the defendant, appellant.
J. Filion, Q.C., for the plaintiffs, respondents.
At the conclusion of the argument of counsel for the defendant union, the following judgment was delivered
(orally, for the Court):-We are all of opinion that the appeal fails and must be dismissed with costs. The decision in Paquet' is quite distinguishable. It is sufficient to state that in the present case clause of the formula is not a condition of employment; that neither of the other two clauses may be severed and treated in isolation, and that therefore the whole of the formula falls.
Appeal dismissed with costs.
Attorneys for the defendant, appellant: Cutler, Lachapelle & Gazdik, Montreal.
Attorneys for the plaintiffs, respondents: Badeaux, Filion,
Badeaux & Beland, Montreal.
Action for accounting-Order made for accounting only-Court of Appeal reversing order-Appeal to Supreme Court-Motion to quash for lack of jurisdiction-Verbal application for leave to appeal-Code of
Civil Procedure, arts. 566 et seq.
.1. Practice-Action in Quebec-Defendant non-resident and having no place of business there-Declinatory exception to jurisdiction judgement of appeal court a final judgement-Code of Civil Procedure, art. 94(4)-Supreme Court Act, R.S.C.
Jurisdiction-Criminal law-Appeal
Attorney General limited to pure question of law-Criminal Code, 1953-54 (Can.),
Jurisdiction-Motion for peremption dismissed-Whether dismissal appealable to
Court of Queen's Bench de plano-Code
Civil Procedure, art. 46, 279, 280,
4. Leave to appeal to Supreme Court of
Canada-Question of law-No dissent-
Criminal Code, 1953-54 (Can.), c. 51, s.
597, as amended by 1960-61, c. 43,
s. 27.
Jurisdiction-Practice and procedure- Appeal to Supreme Court of Canada under
108 of the Winding-up Act-Motion to quash-Whether necessary amount involved
-The Winding-up Act, R.S.C. 1952, c. 296.
6. Jurisdiction-Practice and procedure- Motion for leave to appeal-Application for extension of time to appeal to Court of Appeal-The Supreme Court Act, R.S.C. 1952, 259, 41.
Landlord and tenant-Claim for arrears of rent and for costs of repairs-Whether landlord a secured creditor-Whether both claims preferred-The Bankruptcy Act, R.S.C. 1952, c. 14,
ss. 95,
100, 105-Civil Code, arts. 1619, 1624, 1628, 1994, 2005. BREACH OF PROMISE CARRIER
Article 406 (Ownership) ........ 2.-Article 407 (Expropriation)..... CIVIL CODE-Concluded
3.- Article 1018 (Interpretation of
4.-Articles 1053, 1054, 1056 (Quasidelicts)..................
Article 1053 (Quasi-delict). . . 580
6.- Article 1053 (Quasi-delict) .....
7.- Article 1054 (Quasi-delict) .....
8.-Article 1092 (Obligations with term ).............................
9.-Articles 1106, 1117, 1118 (Joint and Several Obligations)..........
10.- Article 1174 (Novation).......
11.-Article 1242 (Presumptions).. .
12.-Article 1260 (Marriage convenants)..
13.- Articles 1269, 1272 (Community of property) ..................
14.-Articles 1292, 1298 (Administration of community)..............
1523 (Latent defects)...........................
Article (Sale of debts). . .
17.-Articles 1619, 1624, 1628
(Lease)........................
18.- Article 1981 (Privileges)....... 456
19.-Article 1994 (Privilege of the
20.-Article 2081 (Extinction of
Privileges) ... ....................
CODE OF CIVIL PROCEDURE 1.-Articles
(Powers 2.-Article 46 (Interlocutory Judgment)......................... 3.-Article 94(4) (Place of Summons) 213 4.-Article 170 (Declinatory Exception)..........................
5.-Articles 279, 280 (Peremption). 289 6.- Article
312 (Examination Witnesses) ........................
7.- Article 483 (Verdict of Jury)... 545 8.- Article 566 (Accounting) ....... 9.- Article 1211 (Appeals)......... See APPEALS 3.
Restrictive Trade Practices Commission -Inquiries by Director of Investigation and Research-Allegations of breaches of Combines Investigation Act included in statement of evidence-Application for full disclosure of all evidence and documents- Power of Commission to furnish material- Combines Investigation Act, R.S.C. 1952, c. 314,
s. 18.
LIMITED et al. v. et al., 294.
CONSTITUTIONAL LAW 1. Constitutionality of Board's powers- Workmen's Compensation Act, R.S.B.C. 1948, c. 370,
s. 76(1)-British North America Act, 1867,
s. 96.
2. Master and Servant-Injury to member of the armed forces of Canada-Action per quod servitium amisit by Crown-Whether action lies under s. 50 of the Exchequer Court Act, R.S.C. 1952, c. 98-Validity of s. 50.
CONSTITUTIONAL LAW-Concluded
3. Constitutionality of s. 3 of The Mechanics' Lien Act, R.S.O. 1950, c. 227, as amended by 1952 (Ont.), c. 54, s. 1.
1. Disappearance of money from safe deposit box-Bank's contractual liability- Whether failure to take ordinary precautions-Master key used by unauthorized person-Burden of proof-Evidence-Civil
Code, arts. 1018, 1242-Code of Civil
2. Assignment debt with notice- Whether absolute transfer or merely a pledge-Civil Code, arts. 1174, et vir v. J. M.
3. Contract for supply of materials-Disclosure of purpose for which materials required-Reliance of purchaser on skill and judgment of supplier-Implied condition as to fitness of materials-Liability of supplier.
4. Action for breach of promise of marriage
-Cohabitation-Promisee in constant expectation of marriage-Delay on part of promisor-Repudiation not to be readily inferred-Effect promisor's death- Whether promisor's delay procrastination or fraudulent misrepresentation.
Agreement to sell business-Incorporation of company-Price to be paid in form of shares-Seller to retain title until full payment-Employment of purchaser in business-Seller procuring dismissal purchaser-Action to set aside agreement- Whether contract of employment and agreement of sale severable.
6. Obligation with a term-Debtor subsequently forming partnership with others- Partnership denying liability-Claim for payment in full-Whether loss of benefit of term-Civil Code, art.
CONTRACTS-Concluded Real property-Sale-Accepted offer to purchase-Purchaser's refusal to sign deed -Breach of contract-Objections to title- Lack of good faith.
Cash payment for services in staking and recording claims-Prospector to be given a share of proceeds if claims developed or dealt with-Subsequent agreement settling prospector's participation in any sale that might be made-Nothing in nature partnership subsisting between parties- Inapplicability of 27 of Partnership Act, R.S.B.C. 1960, c. 277 or of similar common law rule.
9. Real property-Execution of deed- Onerous contract-Right of habitation- Sale of house to take effect after death- Whether gift inter vivos-Whether commutative contract.
et al. v. 766. also: Sale of goods.
1. Authority of Superior Court to determine own jurisdiction and hear appeal- The Judicature Act, R.S.N. 1952, 114. F. E. Judgment affirmed by Court of Appeal- Action to set aside the judgment-Jurisdiction of trial judge.
Co. v. E. M. et al., (V. L.) et al. v. E. M. et al., Procedure-Propriety of making findings of fact in civil proceedings which if proven in criminal proceedings would be held criminal.
Conviction affirmed by Court of Appeal -Dissenting judgment-Whether conflict between majority and minority on questions of law-Jurisdiction of Supreme Court to entertain appeal-Criminal Code, 1953-54 (Can.), 592(1)(a), (b), 597(1) (a).
5. Jurisdiction-Construction of elevated railway line-Obstruction of view-Action for injurious affection in Superior Court- Declinatory exception-Exclusive jurisdiction of Exchequer Court-The Railway Act,
R.S.C. 1952, c. 234-The Canadian National Railways Act, 1955 (Can.), c. 29-The
98-Civil Code, art. 407-Code of Civil
1. Habeas corpus-Counselling to commit perjury before Registrar of Saskatchewan
Securities Commission-Whether examination by Registrar a judicial proceeding- Registrar's power to examine on oath- Solemn declaration-Perjury-Powers
Court on habeas corpus-The Securities
Act, 1954 (Sask.), c. 89,
s. 13-The Saskatchewan Evidence Act, R.S.S. 1953, c. 73,
s. 41-Criminal Code, 1953-54 (Can.), c.
2. Theft-Essential elements-Accused charged with theft of cheque forged and issued against account of company controlled by accused-Series fraudulent transactions culminating in issue of cheque cheque property of company- Whether company had special property interest in cheque-Criminal Code, 1953-54
V. THE
3. Conviction for robbery-Substituted on appeal for unlawful possession of property
-Indictment dealt with robbery alone- Whether unlawful possession an included offence-Criminal Code, 1953-54 (Can.), c. 51,
ss. 288,
296,
592.
4. Bribery-Bribes offered to Chief Building
Inspector of city-Whether proof that he was a municipal official-Whether bribery related to official act-Criminal
1953-54 (Can.), 104-City Act,
CRIMINAL LAW-Continued 5. Charge of murder-Conviction of manslaughter-Appeal.
Bribery-Municipal officials-Charge attempt-Directed verdict of acquittal- Evidence - Misdirection - Appeal against order granting new trial-Criminal Code, 1953-54 (Can.), 104(1)(b), (e), 584. 7. Capital murder-Offence committed in 1952-Prosecution in 1961-Evidence of children now grown up supporting killing- Body never recovered-Whether jury properly instructed-Jurisdiction
Appeal Court-Crimnial Code, s. 597A as enacted by 1960-61 (Can.), c. 44, s.
8. Forgery-Forged endorsement of cheque -Intent to prejudice-Defence of authorization-Admissibility of evidence-Criminal Code, 1953-54 (Can.), c. 51, s. 309(1) (a).
9. Stealing from the mail-Decoy letter- Post Office investigators inserting money in decoy letter-Employee stealing same- Verdict of ordinary theft substituted by Court of Appeal-Whether letters "sent by post"-Whether intention of sender a determining factor-Activities conducted under direction of Postmaster General- Criminal Code, 1953-54 (Can.), c. 51, s. 298(1)(a).
Carrier - Taxi - Transporting passengers for hire within limits of airport-Orderin-Council - Validity of regulations - Whether delegated powers to Minister-
Department of Transport Act, R.S.C. 1952, c. 79, s. 25-Aeronautics Act, R.S.C. 1952, c. 2-Airport Vehicle Control Regulation 4A.
Appeal by way stated case-Whether questions of law raised-Whether necessary facts before the Court-Whether proper procedure.
12. Obscenity-Lady Chatterley's Loverobscene publication-Whether definition of obscenity in s. 150(8) of the Code exhaustive-Dominant exploitation of sex-Whether test in R. v. Hicklin still applicable-Evidence by ex- CRIMINAL LAW-Concluded perts as to purpose of author and as to literary and artistic merits of book- Whether admissible-Criminal Code, 1953- 54 (Can.), c. 51, s. 150(8) (as enacted by
1959, c. 41,
s. 11), and s. 150A(4) (as enacted by 1959, c. 41,
s. 12).
13. Driving motor vehicle while ability impaired by drug-Drug administered as anaesthetic by dentist-Accused warned not to drive until his head was perfectly clear - Whether driver guilty mens rea a necessary element of the offence
14. Habitual criminal-Notice of preventive detention-Whether certificate of previous convictions adequate-Whether accused's testimony at trial of substantive offence admissible on hearing for preventive detention-Criminal Code, 1953-54 (Can.), c. 51, ss. 574, 660, 662.
1. Injurious affection to land-Garage and service station located on highway-Highway closed and diverted by St. Lawrence
Seaway-Whether garage owner entitled to compensation-St. Lawrence Seaway
Authority Act, R.S.C. 1952, c. 242, s. 18(3).
2. Receiver appointed of certain property
-Crown's interest therein dependent on validity of legislation which it had itself passed-Validity of legislation open to doubt
-Crown not immune from receivership order-Jurisdiction of Court to preserve assets whose title is dependent on impugned legislation.
3. also: Constitutional law.
1. Liability-Gas from distribution system owned by city escaping into basement of house-Use of cigarette lighter to trace source of odour-Explosion-Liability of city-Whether plaintiff also at fault-Civil
DAMAGES-Concluded 2. Negligence-Fall by pedestrian on icy sidewalk-Liability-Standard of care required of municipality-Imprudence pedestrian.
DEVOLUTION OF ESTATES 1. Intestacy-Originating summons to determine right of wife to share in husband's estate-Husband killed in fire set by wife- Whether wife insane.
2. Application by widow under Testator's Family Maintenance Act, R.S.B.C. 1948, c. 336-Award-Factors to be considered in deciding what is "adequate, just and equitable".
HUSBAND AND WIFE Adultery-Action brought for criminal conversation and alienation of affections- No separate cause of action for "alienation of affections" in Ontario-Such alienation a matter to be considered in assessment of damages for criminal conversation.
1. Fire-Arson charge dismissed-Action on policy allowed.
2. Marine-Motor vessel partially submerged-Cargo of fish rendered valueless by decomposition-Policy insuring "against loss or damage by . . sinking . while being transported in any ...
motor vessel . .".-Meaning of "sinking".
3. Aviation-Policy covering loss or damage to aircraft-Clause providing for exclusion of coverage if terms of Certificate of Airworthiness violated-Term of certificate prohibiting carriage of passengers-Crash of aircraft while passenger aboard-Risk excluded.
4. Theft-Interpretation of clause requiring keeping of inventory-Whether conditions of clause fulfilled.
1. Judgment against surety-Interest claimed on judgment and costs-Whether a judgment debt created within meaning of the Interest Act, R.S.C. 1952, c.
1. Appeal-Objection to jurisdiction
Sessions Court to hear complaints under the Income Tax Act-Writ of prohibition
-Competency of Superior Court to issue writ attacked by declinatory exception- Whether Court of Queen's Bench had jurisdiction to hear appeal from dismissal of declinatory exception-Code of Civil
Procedure, arts. 170 et seq.
Motor vehicles-Jury's verdict-Written questions and answers-Sufficiency-Clarity-Code of Civil Procedure, art. 483. et al. v. 545. 1. Workmen's compensation-Whether accident arose out of and was in the course of employment-Issue within exclusive jurisdiction of workmen's Compensation Board and not open to judicial review.
Administrative law-Oral hearing by Labour Relations Board on union's application for certification-Further representations by union in writing and replies thereto-No opportunity for union answer replies-Propriety of Board's procedure-Labour Relations Act, 1954 (B.C.), 62(8).
882, 80. Administrative law-Workmen's compensation-Claim rejected-Whether Board failed to disclose evidence upon which decision based-Whether breach of fundamental requirement of procedure depriving decision of its authority as one made within jurisdiction.
4. Certiorari - Collective agreement - Union's grievance referred to board arbitration-Whether certiorari lies against arbitration board-Labour Relations Act, 1954 (B.C.),
HowE LocAL 663, 318. Collective agreement-Breach by union of no-strike clause-Power of arbitration board to award and assess damages-Certiorari proceedings.
et al. v. et al., 338. Strike-Threat of dismissal-Refusal to employ-Whether strike a lawful one- Right to strike-The Labour Relations Act, R.S.O. 1960, 202, ss. 1(2), 50. C.P.R.
7. Arbitration-Objection clause in award-Whether arbitrators exceeded jurisdiction-The Public Services Employees'
Disputes Act, R.S.Q. 1941, c. 169-The
Quebec Trade Disputes Act, R.S.Q. 1941, c. 167.
Action for-Matters to be established- Functions of trial judge sitting without a jury.
See: Municipal corporations.
Statutory trust fund provisions-Payment to contractor deposited in current account-Deposit applied by bank to reduce contractor's overdraft-Unpaid accounts of sub-contractors-Extent of bank's knowledge as to breach of trust-No notice given of assignment of book debts held by bank.
Sale of lands and chattels-Mortgage on lands and collateral mortgage on chattels- Default in payments-Foreclosure proceedings-Whether chattel mortgage invalid
MORTGAGES-Concluded reason of provisions of s. 34(17) of The Judicature Act, R.S.A. 1955, c. 164-The Seizures Act, R.S.A. 1955, c. 307-The Conditional Sales Act, R.S.A. 1955, c. 54. et al. et al., 535. MOTOR VEHICLES
1. Owner injured while riding as passenger -Driver negligent-Whether driver liable for injuries in absence of wilful and wanton misconduct on his part-The Vehicles Act, 1957 (Sask.), c. 93, s. 157.
Tort - Collision - Snowplow travelling on left side of highway- Visibility poor-Liability.
3. Child found injured on road - Defendant's travelling the road -Inference drawn by trial judge-Motor Vehicles Act, R.S.Q., 1941, c. 142, s. 53. MUNICIPAL CORPORATIONS 1. Liability-Refusal issue building permit-Council acting under erroneous interpretation of by-law-Good faith- Civil Code, art. 1053.
2. Mandamus application to require issuing of building permit-By-law passed exempting property from provisions by-laws-Approval law refused by Municipal Board-By-law not effective until approved by Board- Refusal to issue permit justified.
1. Plaintiff's premises destroyed by fire- Standard procedure and employer's instructions not followed by operator of gasoline delivery truck-Vapour from spilled gasoline ignited by heating stove-No contributory negligence on part of plaintiff- 53481-8-3
Co-defendant's negligence subsequent to and severable from act or omission of plaintiff-The Contributory Negligence Act,
Sewer flushing operations by municipality in vicinity of film developer's premises- Sediment in mains stirred up by opening of hydrant-Heavily sedimented water reaching processing tanks and damaging film therein-Failure of plaintiff's filter system-Whether municipality liable
Torts year old boy drowning-Water fight under supervision of camp councillors- Boy disobeying orders and swimming deep water although only a beginner- Action against camp authorities-Whether joint liability-Civil Code, arts. 1053, 1054,
4. Responsibility-Delivery of gasoline to service station-Defective air vents garage tank-Control valve at truck left unattended-Overflow-Fire caused by contact with stove-Knowledge of defects- Lack of attention-Whether contributory negligence-Civil Code, art. 1053.
5. Sale by manufacturer of electrical machine containing defective wiring-Failure purchaser's employee to ground equipment before turning on current-Accidental death employee by electrocution- Whether manufacturer liable.
Joint tenancy-Transfer to stranger-Joint tenancy severed-Registration of deed after death of grantor- Duty of Registrar-Claim against assurance fund fails-Land Registry Act, R.S.B.C. 1948, 35(1).
v. OF 2. Transfer of land with reservation of mines and minerals-Reservation omitted from transferee's title by reason of registrar's error-Subsequent transfer to volunteer with similar omission in both transfer and new certificate of title-Corrections subsequently made to certificates of title- Issue as to title to the mines and minerals Land Titles Act, 1906 (Alta.), 24, ss. 23, 42, 44, 46, 106, 114(2) and (3), 135; R.S.A. 1922, c. 133, ss. 50, 51, 56, 58, 148, 150, 160, 175-Inapplicability of The Limitation of Actions Act, 1935 (Alta.), c. 8.
3. Sale of building-Bulge on front wall- Examination by experts-Whether latent defect-Civil Code, arts. 1522, 1523. W. 4. Lien-Unpaid balance on repair work- Bankruptcy of debtor-Trust deed-Possession of property by trustee-Whether trust deed prevents lien from taking effect- Civil Code, arts. 1981, 2081.
5. Landlord and Tenant-Lease-Option to purchase-Landlord's application for possession-Whether option validly exercised-The Landlord and Tenant Act, R.S.O. 1950, c. 199, s. 75.
Limitation authority immaterial.
B.C. Part of shipment of "relaying rails" not qualifying as such-Entire shipment rejected on ground goods not in accordance with contract-Rights of parties-The Sale of
Goods Act, R.S.O. 1950, 345, 29(3).
One of two schoolhouses operated union separate school board closed interests of efficiency-Pupils transported to remaining schoolhouse-Whether pupils' parents residing beyond three miles radius of remaining schoolhouse entitled to assessed as Roman Catholic separate school supporters-The
R.S.O. 1950, 356, 33(1), 57.
1. International law-Vessels in Canadian port sold to Republic of Cuba-Vessels arrested on behalf of private suitor- Whether doctrine of sovereign immunity extends to protect vessels from seizure.
................................
B.N.A. Act, 1867, 96.........
Act, (Can.), 29...............
Canada Shipping Act, R.S.C. 1952, 29, 657, 659.............. 6.-Child Welfare Act, 1958 (Ont.), c. 11 .............................. 7.-Child Welfare Act, 1958 (Ont.), 3..........................
Conditional Sales Act, R.S.A. 54........................
R.S.N. 1952, 159.................. 10.-Criminal Code, 1953-54 (Can.),
ss. 22,
114 ................ See 1. 11.-Criminal Code, 1953-54 (Can.), 269.......................
See 2. 12.-Criminal Code, 1953-54 (Can.), 598.......................
13.-Criminal Code, 1953-54 (Can.), 288, 296, 592 ............... 14.-Criminal Code, 1953-54 (Can.),
s. 104.......................
See 4.
Criminal Code, 1953-54 (Can.), (1)(a), (b), 597(1)(a). 371 16.-Criminal Code, 1953-54 (Can.), 104(1)(b), (e), 584 .......... See 6.
Criminal Code, 597A as enacted by 1960-61 (Can.), 44, 11.. See 7.
Criminal Code, 1953-54 (Can.), 309(1)(a).... ..............
Criminal Code, 1953-54 (Can.), 298(1)(a)...................
Criminal Code, 1953-54 (Can.), 597, as amended by 1960-61, 43, 27..........................
21.-Criminal Code, 1953-54 (Can.), c. as. 411(1)(c) and 412(1)(a) and
(2 )........... .......... .. .... .. ...
22.-Criminal Code, 1953-54 (Can.), c. 51, s. 150(8) (as enacted by 1959, c.
41,
s. 11), and s. 150A(4) (as enacted by 1959, c. 41,
s. 12)................
23.-Criminal Code, 1953-54 (Can.), c. sa. 574, 660, 662...............
24.-Criminal Code, 1953-54 (Can.), c.
ss. 222,
223...................
25.-City Act, R.S.A. 1955, c. 42, s.2(q) ... ........................
26.-Combines Investigation
R.S.C. 1952, c. 314,
s. 18 .............
27.-Department of Transport Act,
R.S.C. 1952, c. 79, s. 25..............
28.-Dominion Succession Duty
Act, R.S.C. 1952, c. 89, s. 3(1)(d), (k). . 363
29.-Exchequer Court Act, R.S.C.
1952, c. 98, s. 50 ..................
30.-Exchequer Court Act, R.S.C.
1952, c. 98................
31.-Expropriation Act, R.S.C. 1952, c.106.........................
(Alta.), c. 8....................
33.-Income Tax Act, 1948 (Can.), c. 52, R.S.C. 1952, c. 148,
ss. 3,
4 .......
34.-Income Tax Act, 1948 (Can.),
1952, c. 148, as. 2, 3)................
35.-Income Tax Act, R.S.C. 1952, c. 148, a. 12(1)(a) and (b) ...........
36.-Income Tax Act, R.S.C. 1952, c. 148, s. 62(1)(i),
63(4) and (7)....... 224 See 5. 37.-
Income Tax Act, R.S.C. 1952, c. 148,
ss. 3,
4,
6(1)(j),
27(1)(e), 139 (1)(e).........................
See 6. 38.-Income Tax Act, R.S.C. 1952, c. 148,
ss. 3,
4 and
139 (1)(e) .......... See 7. 39.-Income Tax Act, R.S.C. 1952, c. 148, as. 3, 4, 12(1)(a) and (b), 46(5) and 139 (1)(e)................... See 8. 40.-Income Tax Act, 1948 (Can.), c. 52,
ss. 3,
4,
12(1)(a) and (b), 42 (4A) (as enacted by 1951 (Can.), c. 51,
s. 14) and 127 (1)(e)................... 41.-Income Tax Act, 1947-48 (Can.), c. 52, ss. 42, 50(6) (
Income Tax Act, R.S.C. 1952 c. 148, ss. 46,
5](6), 592 See 9. 42.-Income Tax Act, R.S.C. 1952, c. 148,
s. 126(2).................... See 43.-Income War Tax Act, R.S.C. 1927, c. 97,
ss. 3,
9.................. See 2. 44.-Interest Act, R.S.C. 1952, 156,
s. 3........................... See 2. 45.-Interest Act, R.S.C. 1952, c. 156,
s. 15 .......................... See 46.-Judicature Act, R.S.N. 1952, c. 114 ............................. 47.-Judicature Act, R.S.A. 1955, c. 164, s. 34(17) .
................ See 48.-Labour Relations Act, 1954 (B.C.), c. 17, e. 62(8) .............. 49.-Labour Relations Act, 1954 (B.C.), c. 17....................... 50.-Labour Relations Act, R S.O. 1960, c. 202, ss. 1(2),
3, 50........... INDEX
51.-Land Registry Act, R.S.B.C.
R.S.O. 1950, c. 199, s. 75 ............
53.-Land Titles Act, 1906 (Alta.), c. 24, ss. 23,
41, 42, 44, 46,
104, 106,
114(2) and (3), 135; R.S.A. 1922, c.
133, ss. 50, 51, 56, 58, 148, 150, 160,
175...........................
53.-Mechanics' Lien Act, R.S.Q.
1950, c. 227, as amended by 1952 (Ont.), c. 54, s. 1......................
54.-Motor Vehicles Act, R.S.Q.
1941, c. 142, s. 53.................
55.-Partnership Act, R.S.B.C. 1960, c. 277,
s. 27........ ............
56.-Public Services Employees' Disputes Act, R.S.Q. 1941, c. 169........
57.---Quebec Trade Disputes Act,
R.S.Q. 1941, c. 167 ...............
58.-Railway Act, R.S.C. 1952, c.
234 ...............................
Lawrence Seaway Authority
Act, R.S.C. 1952, 242, 18(3).....
60.--Sale of Goods Act, R.S.O. 1950,
345, 29(3) ....................
R.S.S. 1953, c. 73, a. 41.............
62.--Securities Act, 1954 (Sask), c.
89,a.13...........................
63.-Seiures Act, R.S.A. 1955, 307 535
64.---Separate Schools Act, R.S.O.
1950, c. 356, es. 33(1), 57............
STATUTES-Concluded 65.----Social Services Tax Act, R.S.B.C. 1948, c. 333, a. 3(3) ......... 125 66.---Societies Act, R.S.B.C. 1936, c. 265............................. See 5.
R.S.C. 1952, 259, ss. 2(b), 36............. See 1.
Court Act, R.S.C. 1952, 259, 41................... 69.-Testator's Family Maintenance Act, R.S.B.C. 1948, 336........... See 70.-Vehicles Act, 1957 (Sask.), 93, s. 157..........................
71.-Wills Act, R.S.A. 1955, 369,
s. 5(b)...........
............. 72.-Winding up Act, R.S.C. 1952, c. 296.........................
73.-Workmen's Compensation Act, R.S.B.C. 1948, c. 370,
s. 76(1) ........ SUBROGATION liability-Judgment principal action not fixing apportionment of liability-Payment by one defendant- Whether right of execution against co- I defendant without judgment fixing amount -Absence of res judicata-Civil Code, arts. 1106, 1117, 1118.
SUCCESSION DUTIES Transfer of property for legitimate family reasons in consideration of annuity transaction a gift or for partial Duty Act, R.S.C. 1952, c. 89, e. 3(1) (d), (k). 1. Assessment-Income tax-Foreign exchange profits-Promissory notes payable in United States currency paid off at a saving-Proper method of computing profits-The
Income Tax Act, 1948 (Can.), c. 52 [R.S.C. 1952, c. 148,
ss. 3,
4].
2. Income tax-Quebec domicile-Legal community of property-Wife having no separate property (propres)-Whether only one-half taxable income in husband's hands-Whether husband liable for only one-half income tax-Income
Income-Taxpayer in business of renting apartments-Replacement of refrigerators, stoves and blinds in apartments-Whether expenditure a deductible expense or capital outlay-Income Tax Act, R.S.C.
12(1)(a) and into Province-Terminal charges assessed as part of delivered price-Assessments not authorized-Social Services Tax Act, R.S.
B.C. 1948, 333, 3(3), as amended.
5. Income tax-Exemption-Income of society providing funds for payment of pensions-Whether society non-profit organization-Whether society acting as trustee
-Whether income that of society-Whether exempt from income tax-Income Tax
Act, R.S.C. 62(1)(i), 63(4)
and (7>-Societies Act, R.S.B.C.
Income tax-Farm acquired as investment-Sales of topsoil-Whether adventure in the nature of trade-Whether profit in the course of trade or capital gain- Whether farming losses deductible-Income Tax Act, R.S.C. 1952, 148, 4,
6(1)(j), 27(1)(e), 139(1)(e).
TAXATION-Concluded tax-Capital Mining shares purchased by company- Profit resale-Whether transaction adventure or concern in the nature trade"-Income Tax Act, R.S.C. 1952, 148, 4 and (1)(e).
v. THE 8. Income tax-Sale of interest in farmout agreement by oil drilling company-Whether proceeds income or capital-Amended tax return not filed within statutory time limit-New issue raised before Supreme Court respecting purchase of farmout interest in United States- The Income Tax Act, 1948 (Can.), 52, 4, (1)(a) and (b), 42 (4A) (as enacted by (Can.), and 127(1)(e)-Income Tax Act, R.S.C. 1952, 148, ss. 4, 12(1)(a) and (b), 46(5) and 139(1)(e).
tax at taxpayer's return -Further subsequent Interest unpaid tax Whether initial notice was "the notice of the original assessment for the taxation year"-The
Income Tax Act, 1947-48 (Can.), 52, ss. 42, 50(6) (
Income Tax Act, R.S.C. 1952, ss. 46, 54(6). Income tax-Transfer of syndicate's interest farmout to consideration-Allotment to syndicate members-When right to shares arose-Valuation of shares-Whether Requirement by Minister for information and production of documents relating to accounts of bank's customer- Whether bank obliged to comply with requirement-Whether
Minister's subject review-Income
Discriminatory practices - Discounts - Whether legislation gives civil cause of action for its breach-Criminal Code, 1953-54 (Can.), c. 51, as. 411(1)(c) and 412(1)(a) and (2).
1. Adoption-Residuary estate to issue of life tenant-Adopted child of life tenant dying before effective date of Child Welfare
Act (Ont.)-Children of adopted child surviving life tenant-Effect of ss. 74 and
75 of The Child Welfare Act, as enacted by
2. Adoption-Life interest bequeathed to daughter with remainder to her children- Daughter survived by three adopted children-Legislation making an adopted child a child for all purposes-Whether applicable where testator died before enactment of statute-The Child Welfare Act, ss. 74 and 75, as enacted by 1958 (Ont.), c. s. 3.
3. Gift "to among and between my grandchildren, per stirpes, in equal shares"- WILLS-Concluded
Whether testator's children or grandchildren constitute the "stirpes" or "stocks". Re, 390. 4. English form-Testamentary incapacity -Undue influence-Medical evidence- Surrounding circumstances-Prima facie presumption of incapacity-Whether onus of capacity discharged.
5. Document wholly in handwriting of deceased-Whether intended by deceased to be a testamentary instrument-Whether a valid holograph will-The Wills Act, R.S.A. 1955, c. 369, s. 5(b).
Statutes and regulations cited
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s. 50 of the Exchequer Court Act
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s. 50
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s. 1
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50
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ss. 50
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27(1)(e)
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ss. 1(2)
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s. 157
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s. 53
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ss. 23
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42
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44
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46
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106
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114(2)
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(3)
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135
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51
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56
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58
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148
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150
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160
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175
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s. 75
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ss. 42
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ss. 46
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75
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Unresolved citations
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art. 94(4)
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s. 3 of The Mechanics' Lien Act
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s. 34(17) of The Judicature Act