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Southcott Estates Inc V Toronto Catholic District School Board
''Southcott Estates Inc v Toronto Catholic District School Board'', , is a landmark case of the Supreme Court of Canada in the area of commercial law, with significant impact in the areas of: :* specific performance in the context of commercial land transactions (together with the related duty of mitigation), and :* piercing the corporate veil for single purpose subsidiaries Background Southcott Estates Inc sued the Toronto Catholic District School Board for specific enforcement of a contract to sell it of land. Southcott Estates Inc was a subsidiary of Ballantry Homes Inc, a developer, and special purpose entity created just for purchasing and developing the land. The deal was conditional upon Southcott paying a 10% deposit, and the Toronto School Board getting severance permission from Toronto's Committee of Adjustment before a certain date. However, the Committee refused without reviewing a development plan for the land, which meant severance was not granted in time. So ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Ontario Court Of Appeal
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 ...
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2012 In Canadian Case Law
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. In conventions of sign where zero is considered neither positive nor negative, 1 is the first and smallest positive integer. It is also sometimes considered the first of the infinite sequence of natural numbers, followed by  2, although by other definitions 1 is the second natural number, following  0. The fundamental mathematical property of 1 is to be a multiplicative identity, meaning that any number multiplied by 1 equals the same number. Most if not all properties of 1 can be deduced from this. In advanced mathematics, a multiplicative identity is often denoted 1, even if it is not a number. 1 is by convention not considered a prime number; this was not universally accepted until the mid-20th century. Additionally, 1 is the s ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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Norton Rose
Norton Rose Fulbright is a British-American multinational law firm. It is the second largest law firm in the United States and one of the ten largest in the world, by both lawyers and revenue. In 2017–18, Norton Rose Fulbright had total revenue of US$2.1 billion. It has more than 3,500 lawyers and other legal staff based in Europe, the United States, Canada, Latin America, Asia, Australia, Africa, and the Middle East. The firm was formed in 2013 by the merger of the British law firm Norton Rose and the American law firm Fulbright & Jaworski. The size and reach (3,800 lawyers and over 50 offices) of the firm following the merger have been maintained through to the present day. History The origin of Norton Rose dates back to 1794 when the sole practitioner Robert Charsley opened for business. In 1821, Charsley formed a partnership with William Barker, creating Charsley & Barker. Later that century, Phillip Rose (later Sir Philip Rose) joined the firm, creating Barker & Ros ...
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Canadian Bar Association
The Canadian Bar Association (CBA), or Association du barreau canadien (ABC) in Canadian French, French, represents over 37,000 lawyers, judges, notaries, law teachers and law students from across Canada. History The Association's first Annual Meeting was held in Montreal in 1896. However, the CBA has been in continuous existence in its present form since 1914. The Association was incorporated in 1921. Objectives The CBA is a voluntary association, voluntary bar association for members of the legal profession; it is the voice of its members and its primary purpose is to serve its members; it is the premier provider of personal and professional development and support to members of the legal profession; it promotes fair justice systems, facilitates effective law reform, promotes equality in the legal profession and is devoted to the elimination of discrimination; the CBA is a leading edge organization committed to enhancing the professional and commercial interests of a divers ...
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McCarthy Tétrault
McCarthy Tétrault LLP is a leading Canadian law firm that delivers integrated business law, litigation services, tax law, real property law, labour and employment law nationally and globally through offices in Vancouver, Calgary, Toronto, Montréal, Québec City, London (UK), as well as New York City. McCarthy Tétrault LLP is a Seven Sisters (law firms). Among the Seven Sisters, the reigning top players are McCarthy Tetrault LLP, Stikeman Elliott LLP, Osler Hoskin & Harcourt LLP and Blake Cassels & Graydon LLP. McCarthy Tétrault is the only law firm listed in the Report on Business Top 25 Best B2B Brands by ''The Globe and Mail'' in 2021, and it has the second strongest law firm brand in Canada according to ''Thomson Reuters’'' Regional Law Firm Brand Indexes 2021. The firm represents Canadian and international clients, including major public institutions, financial services organizations, mining companies, manufacturers, pharmaceutical companies and other corporations. ...
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Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. In July 2018, McLachlin began a three-year term as a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post. She was re-appointed for a second three-year term in 2021. Early life and education McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were "fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the ''Alberta Law Review'') from the University of Alberta. She was called to the bar of Alberta in 1969, and to th ...
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British Westinghouse Electric And Manufacturing Co Ltd V Underground Electric Railways Co Of London Ltd
''British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Railways Co of London Ltd'' 912AC 673 is an English contract law case, concerning the duty to mitigate one's loss after a breach of contract. Facts The defendants (British Westinghouse Electric and Manufacturing Co Ltd) supplied the plaintiffs (Underground Electric Railways Co of London Ltd) with turbines which, in breach of contract, were deficient in power. The plaintiffs accepted and used the turbines but reserved their right to claim damages. Later they replaced the turbines with others which were far more efficient than those supplied by the defendants would have been, even if they had complied with the contract. The plaintiffs claimed to recover the cost of the substitute turbines as damages. Judgment The House of Lords held that in assessing the damages for the breach any loss sustained by the plaintiffs had to be balanced against any gain to them arising directly out of the steps they had tak ...
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Lord Haldane
Richard Burdon Haldane, 1st Viscount Haldane, (; 30 July 1856 – 19 August 1928) was a British lawyer and philosopher and an influential Liberal and later Labour politician. He was Secretary of State for War between 1905 and 1912 during which time the "Haldane Reforms" of the British Army were implemented. As an intellectual he was fascinated with German thought. That led to his role in seeking detente with Germany in 1912 in the Haldane Mission. The mission was a failure and tensions with Berlin forced London to work more closely with Paris. Raised to the peerage as Viscount Haldane in 1911, he was Lord Chancellor between 1912 and 1915, when he was forced to resign because of false allegations of German sympathies. He later joined the Labour Party and once again served as Lord Chancellor in 1924 in the first Labour administration. Apart from his legal and political careers, Haldane was also an influential writer on philosophy, in recognition of which he was elected a Fello ...
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Andromache Karakatsanis
Andromache Karakatsanis (born October 3, 1955) is a Canadian jurist. She was nominated to the Supreme Court of Canada by Stephen Harper in October 2011. She is the first Greek-Canadian judge on the Court. Early life Karakatsanis was born in Toronto, Ontario, to Greek parents, and raised with an emphasis on her Greek heritage. She grew up near the Don Mills Road and Lawrence Avenue area of Toronto, where her parents owned a restaurant called Top of the Mall which was where Karakatsanis worked as a hostess and helped her father manage the restaurant. She attended Victoria College at the University of Toronto, graduating with a B.A. in English literature in 1977. She then attended York University's Osgoode Hall Law School, receiving her LL.B. in 1980. She was called to the Ontario bar in 1982. Career After her call to the bar, Karakatsanis clerked for the judges of the Ontario Court of Appeal from 1982–1983, after which she entered private practice. In 1987, Karakatsanis was ap ...
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Causation (law)
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the '' actus reus'' (an action) from which the specific injury or other effect arose and is combined with '' mens rea'' (a state of mind) to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses. Background concepts Legal systems more or less try to uphold the notions of fairness and justice. If a state is going to penalize a person or require that person pay compensation to another for losses incurred, liability is imposed according to the idea that those who injure others should take responsibility for their actions. Although some parts of any legal system will have qualities of strict liability, in which the '' mens rea'' is immaterial to the result and ...
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