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Tort [1977] 2 SCR 521

Phillips v. Roy et al.

The Supreme Court of Canada dismissed an appeal in a motor vehicle negligence case, holding there was no basis to disturb concurrent findings that negligence was not proven.

  • Negligence
  • Concurrent findings of fact
  • Appellate review
  • Motor-vehicle-accident
  • Appellate-review
  • Concurrent-findings-of-fact
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Mines and minerals [1977] 2 SCR 791

Guyer Oil Co. Ltd. et al. v. Fulton et al.

Appeal dismissed in a minerals and oil-and-gas dispute involving alleged fiduciary breach, resulting trust, and exclusion of rebuttal evidence.

  • Resulting trust
  • Fiduciary obligations
  • Confidential information
  • Admissibility of rebuttal evidence
  • Concurrent findings of fact
  • Fiduciary-duty
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Taxation [1977] 2 SCR 1008

Geophysical Engineering Ltd. v. Minister of National Revenue

The Supreme Court of Canada dismissed an income tax appeal about deductions for prospector’s expenses, holding the evidence did not establish s. 83 entitlement.

  • Prospector's expenses
  • Deductibility under s.83
  • Employee vs independent contractor
  • Concurrent findings of fact
  • Income-tax
  • Mining-law
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Contract law [1975] 2 SCR 70

Levy v. Manley

The Supreme Court of Canada upheld concurrent factual findings that Levy agreed to pay Manley a finder's fee, and dismissed the cross-appeal on interest.

  • Finder's fee
  • Breach of warranty of authority
  • Concurrent findings of fact
  • Interest on judgment
  • Quantum meruit
  • Oral judgment by appellate court
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Civil procedure [1975] 1 SCR 508

Ezrin v. Becker

The Supreme Court of Canada granted a motion to quash Ezrin’s appeal because he lacked status and the appeal was devoid of merit, involving concurrent findings of fact.

  • Motion to quash
  • Concurrent findings of fact
  • Jurisdictional threshold
  • Credibility findings
  • Standing
  • Motion-to-quash
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Personal injury [1975] 1 SCR 347

Workmen’s Compensation Board et al. v. Greer

The Supreme Court of Canada allowed an appeal and held that conflicting expert evidence supported a finding that post-accident seizures were likely caused by the head injury.

  • Causation
  • Concurrent findings of fact
  • Expert opinion
  • Damages assessment
  • Subrogation
  • Expert-evidence
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Torts [1974] SCR 354

Hanson v. City of Saint John

Appeal in a toboggan-slide negligence case. The Supreme Court held the City liable for negligent improvements, but exonerated the occupier association.

  • Duty to licensees
  • Concealed danger
  • Assumption of risk
  • Concurrent findings of fact
  • Costs (bullock order)
  • Negligence
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Tort [1962] SCR 549

Champagne v. Labrie

The Supreme Court of Canada dismissed an appeal in a motor vehicle injury case, upholding concurrent factual findings that the appellant’s car struck a child.

  • Negligence
  • Causation
  • Inference from circumstantial evidence
  • Concurrent findings of fact
  • Standard of review on appeal
  • Motor-vehicle-accident
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Motor vehicles [1955] SCR 377

Wotta v. Haliburton Oil Well Cementing Co.

The Supreme Court of Canada dismissed an appeal arising from a truck collision, holding that negligence was not proved against either driver and the claim and counterclaim properly failed.

  • Collision while passing
  • Onus of proof
  • Inference of negligence
  • Concurrent findings of fact
  • Apportionment of fault
  • Negligence
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Estates [1944] SCR 152

Leger et al. v. Poirier

The Supreme Court of Canada set aside probate of Albina Poirier’s 1941 will, holding the proponent had not proved testamentary capacity.

  • Testamentary capacity
  • Undue influence
  • Onus of proof
  • Lucid interval
  • Concurrent findings of fact
  • Testamentary-capacity
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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.