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List Of Canadian Appeals To The Judicial Committee Of The Privy Council, 1950–1959
This page lists all cases of the Judicial Committee of the Privy Council originating in Canada, and decided in the years 1950 to 1959. From 1867 to 1949, the JCPC was the highest court of appeal for Canada (and, separately, for Newfoundland). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the Supreme Court of Canada. Any decisions from this era that the Supreme Court of Canada has not overruled since gaining appellate supremacy in 1949 remain good law, and continue to bind all Canadian courts other than the Supreme Court. The Parliament of Canada abolished appeals to the JCPC of criminal cases in 1933 and civil cases in 1949. Ongoing cases that had begun before those dates remained appealable to the JCPC.Bora Laskin, ''The Hamlyn Lectures, Twenty-First Series: The British Tradition in Canadian Law'' (London: Stevens & Sons, 1969), pp. 1–3, a/ref> The final JCPC ruling on a Canadian case was rendered in 1959, in ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kuzych V White
''Kuzych v White'' was a series of Canadian labour law decisions from British Columbia, dealing with a membership dispute between a trade union and a member of the union. Myron Kuzych, the union member, publicly objected to the closed shop favoured by the Boilermakers and Iron Ship Builders Union of Canada (BISU). The union cancelled his membership, resulting in him being fired by the shipyard where he worked as a welder. Kuzych challenged the termination in the British Columbia courts, and eventually the matter was decided by the Judicial Committee of the Privy Council in Britain, at that time the highest court of appeal in the British Commonwealth. The Judicial Committee ruled that Kuzych should have exhausted his appeals within the union before going to court, and upheld his expulsion from the union. Since the leadership of the BISU was dominated by members of the Communist Party of Canada, the dispute was portrayed at the time as an individual worker opposed to radical uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Maxwell Fyfe, 1st Earl Of Kilmuir
David Patrick Maxwell Fyfe, 1st Earl of Kilmuir, (29 May 1900 – 27 January 1967), known as Sir David Maxwell Fyfe from 1942 to 1954 and as Viscount Kilmuir from 1954 to 1962, was a British Conservative politician, lawyer and judge who combined an industrious and precocious legal career with political ambitions that took him to the offices of Solicitor General, Attorney General, Home Secretary and Lord High Chancellor of Great Britain. One of the prosecuting counsels at the Nuremberg Trials, he subsequently played a role in drafting the European Convention on Human Rights. As Home Secretary he led a crackdown against homosexuals in the UK in the 1950s, and declined to commute Derek Bentley's death sentence for the murder of a police officer. His political ambitions were ultimately dashed in Harold Macmillan's cabinet reshuffle of July 1962. Early life Born in Edinburgh, the only son of William Thomson Fyfe, Headmaster of Aberdeen Grammar School, by his second wife Isabella ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Keith, Baron Keith Of Avonholm
James Keith, Baron Keith of Avonholm, (20 May 1886 – 29 June 1964) was a British advocate and judge. He served as a Lord of Session from 1937 to 1953, and then as a Law Lord until 1961. Early life and career His grandfather and namesake, James Keith (17 April 1825 – 21 March 1901) and his father, Sir Henry Shanks Keith (26 Dec. 1852 – 9 July 1944) both served as Provosts of Hamilton, Lanarkshire, Scotland; his father also being appointed a Deputy Lieutenant and Honorary Sheriff of Lanarkshire. His family owned the large high-end grocery business, Keith's of Hamilton, operating from substantial premises on the town's Cadzow Street (the building remains.) The young James Keith was brought up at Avonholm, Hamilton and was educated at the Hamilton Academy and the University of Glasgow, where he took a First in History (M.A.) and a LL.B. He was admitted to the Faculty of Advocates in 1911. During World War I, he joined the Seaforth Highlanders, and was wounded in France. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada Shipping Act
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces and territ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Donald Somervell, Baron Somervell Of Harrow
Donald Bradley Somervell, Baron Somervell of Harrow, (24 August 1889 – 18 November 1960) was a British barrister, judge and Conservative Party politician. He served as Solicitor General and Attorney General from 1933 to 1945 and was briefly Home Secretary in Winston Churchill's 1945 caretaker government. Background, education and legal career Somervell was the son of Robert Somervell, master and bursar of Harrow School, and was educated at Harrow before reading Chemistry with a demyship at Magdalen College, Oxford, graduating with a First in 1911. In 1912 he was elected a prize fellow of All Souls College, Oxford, the first chemist to be elected. He then joined the Inner Temple, but his legal training was interrupted by the outbreak of the First World War. Commissioned into the British Army, he served with the Middlesex Regiment and the 53rd Brigade in India and Mesopotamia. For his war service, he was appointed OBE in 1919. Having been called to the bar ''in absentia'' in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of Alberta
The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Court system of Canada#Appellate courts of the provinces and territories, Canadian appellate court. Jurisdiction and hierarchy within Canadian courts The court is the highest in Alberta, Canada. It hears appeals from the Alberta Court of King's Bench, the Provincial Court of Alberta, and Court system of canada#Federal and provincial administrative tribunals, administrative boards and tribunals, as well as Reference question, references from the Lieutenant Governor of Alberta, Lieutenant Governor in Council (essentially the Alberta Cabinet). Some administrative appeals may bypass the Court of King's Bench, commonly orders made by professional discipline boards under the ''Medical Profession Act'', the ''Legal Profession Act'', but also under the ''Energy Resources Conservation Act''. Appeals from the Court of Appeal lie with the Supreme Court of Canada, Canada's court of last resort. Ot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lionel Cohen, Baron Cohen
Lionel Leonard Cohen, Baron Cohen, PC (1 March 1888 – 9 May 1973), was a British barrister and judge. Early life and career Cohen was born in London, the only child of Sir Leonard Lionel Cohen, KCVO, a banker, and of Eliza Henrietta Cohen, ''née'' Schloss. His paternal grandfather was the financier and MP Lionel Louis Cohen. He was educated at Eton and New College, Oxford, where he took Firsts in History and Law. He was called to the bar in 1913 by the Inner Temple, but later joined Lincoln's Inn. During World War I, he served with the 1/13th London Regiment (1st Kensingtons Battalion), London Regiment, and was wounded in France. After the war, Cohen returned to the bar, mainly practicing company law. He was made a King's Counsel in 1929. During World War II, Cohen served with the Ministry of Economic Warfare from 1939 to 1943. Judicial career Cohen was appointed to the High Court in 1943 and assigned to the Chancery Division, receiving the customary knighthoo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada Steamship Lines Ltd V The King
''Canada Steamship Lines Ltd v R'' , also referred to as Canada Steamship Lines Ltd v The King,Wyatt, D.Applying Canada Steamship principles on interpretation of exclusion clauses ''Lexology'', published 27 November 2012, accessed 27 February 2023 is a Canadian contract law case, also relevant for English contract law, concerning the interpretation of unfair terms ''contra proferentem''. The case was decided by the Judicial Committee of the Privy Council on appeal from the Supreme Court of Canada, as the cause for appeal arose before the abolition of such appeals in 1949. Although arising in civil law under the Civil Code of Lower Canada, it has been influential in similar cases under English law, but is now recognised as providing "guidelines" rather than an "automatic solution". Facts In November 1940, Canada Steamship Lines Ltd (CSL) entered into a Crown lease for a twelve-year term, in which it became a tenant of certain dock property on which was situated a freight shed, on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thibaudeau Rinfret
Thibaudeau Rinfret (June 22, 1879 – July 25, 1962) was a Canadian jurist and the ninth Chief Justice of Canada and Administrator of Canada in 1952. Early life Rinfret was born in Montreal in 1879, the son of François-Olivier Rinfret and Albina Pominville. He was the brother of Fernand Rinfret, Liberal politician who became Mayor of Montreal, and brother of Charles Rinfret, a prominent Montreal businessman. Professional career Rinfret studied law at the Université Laval à Montréal, Faculté de droit and McGill University and was called to the Bar of Quebec in 1901. He was appointed to the Quebec Superior Court in 1922 and to the Supreme Court of Canada in 1924. Rinfret became Chief Justice on January 8, 1944, and served until his retirement on June 22, 1954. During his term as Chief Justice, Canada ended appeals to the Judicial Committee of the Privy Council making the Supreme Court of Canada the final court of appeal in Canadian jurisprudence. Rinfret was Administ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Geoffrey Lawrence, 1st Baron Oaksey
Geoffrey Lawrence, 3rd Baron Trevethin, 1st Baron Oaksey, (2 December 1880 – 28 August 1971) was the main British judge during the Nuremberg trials after World War II, Second World War, and President of the Judicial group. Biography The Lawrence family came from Builth Wells in Radnorshire. Lawrence was born in London, England on 2 December 1880. Geoffrey Lawrence was the youngest son of Alfred Tristram Lawrence, 1st Baron Trevethin, Lord Trevethin, briefly Lord Chief Justice of England and Wales, Lord Chief Justice of England in 1921–22. He attended Haileybury and Imperial Service College, Haileybury (where Clement Attlee was his junior) and New College, Oxford, New College, University of Oxford, Oxford. Lawrence was called to the Bar by the Inner Temple in 1906, and later joined the chambers of Robert Finlay, 1st Viscount Finlay, Sir Robert Finlay. The chambers specialised in taking appellate cases to the highest courts—the House of Lords for domestic cases, and the Ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
