Canada Judgment

Supreme Court of Canada

R. v. Anthes Business Forms et al.

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The appeal was dismissed for want of jurisdiction because the Court was not persuaded the trial judge misdirected on law; an ambiguous paragraph in the trial reasons was insufficient to demonstrate a reversible error of law and therefore the acquittals must stand.

Court disposition

Appeal dismissed.

Orders

  • Appeal dismissed
  • Acquittals of the respondents affirmed

02

Material facts

Parties

Her Majesty The Queen

Appellant Counsel: R. Heather; R. Murray

Anthes Business Forms Ltd.

Respondent

Moore Business Forms Ltd.

Respondent Counsel: J.J. Robinette, Q.C.; G.G.S. Takach

R.L. Crane Ltd.

Respondent Counsel: G.F. Henderson, Q.C.; G. Clarke

Autographic Business Forms Ltd.

Respondent Counsel: J.W. Brown, Q.C.; C.S. Goldman

Continuous Forms (Alberta) Ltd.

Respondent Counsel: J.W. Brown, Q.C.; C.S. Goldman

Continuous Forms Ltd.

Respondent Counsel: J.W. Brown, Q.C.; C.S. Goldman

Savoy Business Forms Ltd.

Respondent Counsel: J.W. Brown, Q.C.; C.S. Goldman

Systems Equipment Ltd.

Respondent Counsel: J.W. Brown, Q.C.; C.S. Goldman

Western Business Forms Ltd.

Respondent Counsel: J.W. Brown, Q.C.; C.S. Goldman

ABF Automated Business Forms (Western) Ltd.

Respondent Counsel: B.C. Bynoe, Q.C.

Keystone Business Forms Ltd.

Respondent Counsel: John Rook

Amounts and remedies

  • Monetary Penalty: 0

03

Procedural history

  1. Posture

    Criminal Appeal Under Competition/combines Legislation / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Judgment Delivered

04

Questions and positions

Legal issues

Party arguments

Applicant
Crown submitted that the association's requirement to disclose prices of past orders, where those prices differed from members' price lists, amounted to a conspiracy to unduly lessen competition under s.32(1)(c); trial judge erred in law and appeal should be allowed.
Respondent
Respondents submitted the agreement applied only to past transactions, did not unduly lessen competition, the trial judge's acquittal was correct and there was no reversible error of law or jurisdictional basis for overturning it.

05

Court’s reasoning

  1. 01

    Combines Investigation Act, R.S.C. 1952, c.314, s.32(1)(c) and appellate review principles

    Whether the meaning of 'undue' is a question of law, and whether a particular lessening of competition is 'undue' is a question of fact

  2. 02

    Supreme Court of Canada authoritative review of trial reasons

    Appellate reversal requires a clear misdirection on a question of law or a demonstrable reversible error; ambiguous passages in trial reasons do not establish such error

06

Ratio, limits and disposition

Ratio decidendi

The appeal was dismissed for want of jurisdiction because the Court was not persuaded the trial judge misdirected on law; an ambiguous paragraph in the trial reasons was insufficient to demonstrate a reversible error of law and therefore the acquittals must stand.

Obiter and limits

  • Ambiguity in a single paragraph of trial reasons, when not clearly indicative of legal error, cannot be treated as a basis for appellate reversal
  • Distinction reaffirmed between questions of law (meaning of 'undue') and questions of fact (whether competition was unduly lessened)

Court disposition

Appeal dismissed.

  • Appeal dismissed
  • Acquittals of the respondents affirmed

Source and reliance status

Supreme Court of Canada · 15 February 1977

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 15 February 1977

[1978] 1 SCR 970

R. v. Anthes Business Forms et al. Collection Supreme Court Judgments Date 1977-02-15 Report [1978] 1 SCR 970 Judges Laskin, Bora; Martland, Ronald; Judson, Wilfred; Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; de Grandpré, Louis-Philippe On appeal from Ontario Subjects Competition law Decision Content Supreme Court of Canada R. v. Anthes Business Forms et al., [1978] 1 S.C.R. 970 Date: 1977-02-15 Her Majesty The Queen (Plaintiff) Appellant; and Anthes Business Forms et al. (Defendants) Respondents. 1977: February 15. Present: Laskin C.J. and Martland, Judson, Ritchie, Spence, Pigeon, Dickson, Beetz and de Grandpré JJ. ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO. Trade and Commerce—Combines—Conspiracy to unduly lessen competition—Association of companies requiring members to disclose prices of past orders taken where prices different from price list of members—Agreement applying only to past transactions—No conspiracy to “unduly” lessen competition—Meaning of word “undue”, question of law—Whether lessening of competition “undue”, question of fact—Combines Investigation Act, R.S.C 1952, c. 314, s. 32(1)(c). APPEAL from a judgment of the Court of Appeal for Ontario[1] dismissing an appeal from the judgment of Grant J.[2] acquitting the respondents. Appeal dismissed. R. Heather and R. Murray, for the

appellant. J.J. Robinette, Q.C., and G.G.S. Takach, for the respondent Moore Business Forms Ltd. G.F. Henderson, Q.C., and G. Clarke, for the respondent R.L. Crane Ltd. J.W. Brown, Q.C., and C.S. Goldman, for the respondents Autographic Business Forms Ltd., Continuous Forms (Alberta) Ltd., Continuous Forms Ltd., Savoy Business Forms Ltd., Systems Equipment Ltd. and Western Business Forms Ltd. B.C. Bynoe, Q.C., for the respondent ABF Automated Business Forms (Western) Ltd. John Rook, for the respondent Keystone Business Forms Ltd. The judgment of the Court was delivered orally by THE CHIEF JUSTICE—We are all of the opinion that this appeal fails for want of jurisdiction. In our view, taking the trial judge’s reasons as a whole, we are not persuaded that he misdirected himself on the law, nor do we think that we would be justified in treating a single paragraph in those reasons as disclosing an error of law when even Arnup J.A. in his dissent regarded that paragraph as ambiguous; and hence, as we view it, it is not clearly indicative of a reversible error of law. The appeal is accordingly dismissed. Appeal dismissed. Solicitor for the appellant: D.A.H. Heather, Toronto. Solicitors for Anthes Business Forms Ltd.: Miller, Thomson, Sedgewick, Toronto. Solicitors for Autographic Business Forms Ltd., Continuous Forms (Alberta) Ltd., Continuous Forms Ltd., Savoy Business Forms Ltd.,

Systems Equipment Ltd. and Western Business Forms Ltd.: Blake, Cassels & Graydon, Toronto. Solicitor for ABF Automated Business Forms (Western) Ltd.: B. Clive Bynoe, Toronto. Solicitors for R.L. Crane Ltd.: Gowling & Henderson, Ottawa. Solicitors for Keystone Business Forms Ltd.: Holden, Murdoch & Walton, Toronto. Solicitors for Moore Business Forms Ltd.: McCarthy & McCarthy, Toronto. [1] (1975), 20 C.P.R. (2d) 1. [2] (1974), 16 C.P.R. (2d) 216.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

R. v. Anthes Business Forms et al., [1978] 1 S.C.R. 970

Case cited

Court of Appeal for Ontario decision (1975), 20 C.P.R. (2d) 1

Case cited

Trial decision (Grant J.) (1974), 16 C.P.R. (2d) 216

Case cited

Combines Investigation Act, R.S.C. 1952, c. 314, s. 32(1)(c)

Legislation

Legislation referenced in the available case record.

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