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Property law [1988] 1 SCR 1049

Sacchetti v. Lockheimer

The Supreme Court of Canada held that subdivision is a cadastral operation, not a real right, and becomes effective when the approved plan is deposited in the registry office.

  • Subdivision
  • Cadastre
  • Registration priority
  • Registrar liability
  • Cross-appeal procedure
  • Registration-priority
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Trusts [1982] 1 SCR 250

Royal Trust Co. v. Tucker

La Cour suprême valide une donation en fiducie au profit d’enfants à naître et confirme aussi la disposition subsidiaire en faveur des sœurs du donateur.

  • Validity of inter vivos trust for unborn beneficiaries
  • Acceptance of trust
  • Ownership of trust property during trust
  • Gift mortis causa (gift in contemplation of death)
  • Interpretation of civil code arts. 981a et seq.
  • Trusts
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Bills of exchange [1977] 2 SCR 554

Bank Canadian National et al. v. Gingras

The Supreme Court of Canada dismissed the appeal, holding the bank and its manager liable in fault for paying cheques on an unauthorized endorsement.

  • Unauthorized endorsement
  • Endorsement authority
  • Conversion/quasi-delict
  • Bank negligence
  • Damages
  • Bills of exchange act s.51
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Torts [1975] 1 SCR 472

Pantel v. Air Canada

The Supreme Court of Canada held that loss of future estate was not recoverable under art. 1056 C.C., but the father's support award had to be increased.

  • Wrongful death
  • Loss of future estate
  • Loss of support
  • Funeral expenses
  • Inheritance
  • Quantification of damages
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Contract [1966] RCS 755

Jolicoeur c. Centrale d'Immeubles Ste-Foye Inc.

La Cour suprême tranche un litige de commission immobilière où l’agent aurait acquis, puis revendu, l’immeuble qu’il devait vendre.

  • Commission
  • Mandate termination
  • Prête-nom
  • Conflict of interest
  • Prohibition on mandatary purchasing
  • Agency-law
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Taxation [1964] SCR 647

Montreal Trust Co. et al. v. Minister of National Revenue

The Supreme Court of Canada held that a substituted residuary share did not form part of the deceased’s estate and was not taxable under the Estate Tax Act.

  • Estate tax
  • Substitution (substitutio)
  • General power of appointment
  • Competence to dispose
  • Testamentary succession
  • Estate-tax
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Torts [1959] SCR 793

Langelier v. Dominique

The Supreme Court of Canada held that a customer’s fall into a visible greasing pit at a garage was caused solely by his own inexcusable inattention.

  • Dangerous premises
  • Premises liability
  • Duty of care
  • Contributory negligence
  • Foreseeability
  • Negligence
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Labour law [1959] SCR 7

Andrews and Gauthier v. Chaput

The Supreme Court of Canada held that a taxi driver using his employer’s car for a personal trip was not acting in the course of employment, so the owners were not vicariously liable.

  • Master and servant
  • Automobile accident
  • Owner liability
  • Scope of employment
  • Permission to use employer's vehicle
  • Vicarious-liability
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Agency [1957] SCR 160

Industrial Fuel and Refrigeration Co. Ltd. v. Pennboro Coal Company

The Supreme Court of Canada dismissed an appeal in a coal supply dispute, holding the defendant liable either as principal contracting through a mandatary or by estoppel-like reliance under Quebec Civil Code art. 1730.

  • Mandatary
  • Estoppel (art.1730)
  • Admissibility of telephone evidence
  • Res inter alios acta
  • Commercial credit requirement (art.1235(3))
  • Agency
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.