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Canada Case Law

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Property [1973] SCR 466

Russo v. Field

The Supreme Court of Canada held that leasing adjoining premises for a wig business breached a restrictive covenant protecting a hairdresser and beauty salon in a small shopping centre.

  • Restrictive covenants
  • Notice under land titles act
  • Constructive/actual notice
  • Registration of lease notice
  • Injunction and damages
  • Restrictive-covenants
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Banking [1935] SCR 144

M.A. Hanna Company v. The Provincial Bank of Canada

The Supreme Court of Canada held that the coal proceeds were not trust funds as against the bank, and dismissed the appellant’s claim.

  • Consignment agreement
  • Fiduciary obligation vs debtor-creditor
  • Bona fide holder for value
  • Constructive/actual notice
  • Hypothecation (bank act s.88)
  • Mixing/commingling of funds
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Trusts (1885) 12 SCR 661

Sweeny v. Bank of Montreal

The Supreme Court of Canada considered whether shares bought by Rose with Sweeny family money could be pledged to the Bank of Montreal as security for Rose’s own debt.

  • Mandate/mandat
  • PrĂŞtre-nom (nominee/agent)
  • Pledge/collateral security
  • Ratification
  • Constructive/actual notice
  • Admissibility of oral proof (commencement of proof)
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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.