List of Judicial Committee of the Privy Council cases originating in Canada, 1950–59
For links to lists of cases decided in other decades, see List of Judicial Committee of the Privy Council Cases Originating in Canada. For information about counsel appearing on Canadian appeals, see List of counsel appearing in Canadian appeals to the Judicial Committee of the Privy Council.
This page lists all cases of the Judicial Committee of the Privy Council originating in Canada, and decided in the years 1950 to 1959.
1950-1959
| Case name | Citation | Subject | Presiding Justices (decision written by justice whose name is bolded) | Was the Lower-Court Ruling Sustained? | Court of Origin |
|---|---|---|---|---|---|
| The Executors of the Will of the Honourable Patrick Burns, Deceased, and Others v. The Minister of National Revenue | [1950] UKPC 3 | This is an appeal by the executors of the Honourable Patrick Burns deceased (who died in the 24th February, 1937) and six added parties who are interested under his will from a judgment of the Supreme Court of Canada allowing in part an appeal by the appellants from a judgment of the Exchequer Court. That judgment had dismissed an appeal by the executors from a decision of the present respondent the Minister of national revenue, who had confirmed assessments to income tax in respect of the four years 1938 to 1941 inclusive under the provisions of the Income War Tax Act of the Dominion. | Lord Greene Lord Simonds Lord Normand Lord Morton of Henryton Lord Radcliffe |
Overturned Partially | Supreme Court of Canada |
| The Canadian Federation of Agriculture v. The Attorney-General of Quebec and others | [1950] UKPC 31 | This is an appeal from the Supreme Court of Canada on a Reference by the Governor-General in Council dated the 27th July, 1948. The only question referred to the Supreme Court for hearing and consideration was :- “Is Section 5 9a) of the Dairy Industry Act, R.S.C. 1927, Chapter 45, ultra vires of the Parliament of Canada either in whole or in part and if so in what particular of particulars and to what extent?” | Lord Porter Lord Simonds Lord Morton of Henryton Lord MacDermott Lord Radcliffe |
Sustained | Supreme Court of Canada |
| Harry Reeder v. George E. Shnier & Company | [1950] UKPC 29 | This is an appeal from a judgment of the Supreme Court of Canada dismissing an appeal from the Court of Appeal of Ontario. On 23 August 1946, the appellant raised an action against the respondent in the Supreme Court of Ontario: he was successful before Smily J. and on 18 June 1947, the Court of Appeal of Ontario dismissed an appeal by the respondent. the on 8 September 1947, the respondent moved under Rule 523 of the Rules of the Supreme Court of Ontario for an order reversing this judgment on the grounds that it was “obtained by the fraud and/or perjury of the plaintiff and/or because of matter arising subsequent to the making of said judgment.” | Lord Porter Lord Normand Lord Morton of Henryton Lord Reid Lord Radcliffe |
Overturned | Supreme Court of Canada |
| William R. Glover v. Albert Glover (Personal representative of Evelyn Glover now deceased) | [1950] UKPC 33 | This is an appeal by special leave from a judgment of the Supreme Court of Canada dated 24 June 1949, which by a majority of three Judges to two reversed a judgment of the Ontario Court of Appeal dated 27 May 1948, which had reversed the judgment of the trial Judge (Mr. Justice Le Bel) dated 14 June 1947, but which it was adjudged in favour of the plaintiff in the action, Evelyn Glover, that a quit claim deed dated 29 July 1944, from her and her deceased husband, Albert Glover, to the appellant, William R. Glover, be set aside. | Lord Porter Lord Chief Justice of England (Lord Goddard) Lord Reid Lord Radcliffe Lord Tucker |
Overturned | Supreme Court of Canada |
| Boiler Inspection and Insurance Company of Canada v. The Sherwin Williams Company of Canada Ltd. | [1951] UKPC 5 | This is an appeal by special leave from a judgment of the Supreme Court of Canada which by a majority reversed a judgment of the Cour of King’s bench for the Province of Quebec; that Court having previously by a majority reversed a judgment of the Superior Court of the District of Montreal. By the judgment of the Supreme Court the appellants were ordered to pay 45,791.38 dollars with interest to the respondents. | Lord Porter Lord Merriman Lord Reid Lord Radcliffe Lord Tucker |
Sustained | Supreme Court of Canada |
| Mark T. McKee v. Evelysn McKee | [1951] UKPC 9 | This appeal is brought from a judgment of the Supreme Court of Canada dated the 6th June, 1950, whereby a majority of four judges to three (Kerwin, Estey, Locke and Cartwright, J.J., Tashcereau, Kellock and Fauteux, J.J., dissenting) an appeal by the present respondent, Evelyn McKee, from a judgment of the Ontario Court of Appeal dated the 24th June, 1948, was allowed and an Order was made that the respondent having undertaken forthwith to return with Terry Alexander McKee, the infant son of the appellant and respondent, to the United States of America and to keep the appellant fully advised as to the infant’s where-about, should have the custody of the infant and that the appellant should deliver the infant into her custody at the time and place mentioned in the Order. | Lord Merriman Lord Simonds Lord Morton of Henryton Lord Radcliffe Lord Tucker |
Overturned | Supreme Court of Canada |
| Ena Pearl Nance v. British Columbia Electric Railway Company, Limited v. British Columbia Electric Railway Company Limited v. Ena Pearl Nance | [1951] UKPC 19 | This is an appeal and cross-appeal from a judgment of the Court of Appeal of British Columbia (Sloan C.J., O’Halloran and Sydney Smith, JJ.A.) dated 23 February 1950, allowing in part an appeal from a judgment of Whittake, J, dated the 24th June, 1949, upon the trial of an action before a Special Jury in which the appellant claimed damages in respect of the death of her husband, which occurred on 18 January 1949, through being knocked down and instantly killed by a streetcar, driven by a motorman employed by the Respondent Company. | Viscount Simon Lord Porter Lord Morton of Henryton Lord Reid Lord Asquith of Bishopstone |
Overturned | British Columbia Court of Appeal |
| William Lloyd White and others v. Myron Kuzych | [1951] UKPC 18 | This is an appeal by the defendants in the action from a judgment of the British Columbia Court of Appeal dated 3 May 1950 (O’Halloran, Robertson, and Sidney Smith, JJ.A. Sloan, C.J. and Bird, J.A. dissenting) which dismissed the appellants’ appeal from a judgment of Whittake, J. dated 22 September 1949, in the respondent’s favour. | Viscount Simon Lord Porter Lord Morton of Henryton Lord Reid Lord Asquith of Bishopstone |
Overturned | British Columbia Court of Appeal |
| Bennett and White (Calgary) Ltd. v. Municipal District of Sugar City No. 5 | [1951] UKPC 25 | This is an appeal against a judgment of the Supreme Court of Canada dated 30 March 1950. By that judgment the Supreme Court reversed a judgment of the Appellate Division of the Supreme Court of Alberta dated 28 June 1949, which had affirmed a judgment of Shepherd, J. of 21 April 1949. | Lord Simonds Lord Normand Lord Reid Lord Radcliffe Lord Asquith of Bishopstone |
Overturned | Supreme Court of Canada |
| The McKinnon Industries Ltd. v. William Wallace Walker | [1951] UKPC 21 | This appeal is brought from an Order of the Ontario Court of Appeal which affirmed with a slight variation the judgment of the Chief Justice of the High Court dated the 15th June, 1949, whereby it was adjudged that the Appellant Company, its servants and agents be restrained from discharging from its works any substance, gas or matter in such an extent as to occasion damage to the respondent’s property or the buildings thereon or the plants, flowers or shrubs thereupon or therein. | Lord Simonds Lord Normand Lord Oaksey Lord Radcliffe The Rt. Hon. Thibaudeau Rinfret, C.J.C. |
Sustained | Ontario Court of Appeal |
| The City of Montreal v. Sun Life Co. of Canada | [1951] UKPC 28 | This case is concerned with a dispute as to the sum at which the head office of the respondent Company is to be assessed for the municipal purpose of the City of Montreal. | Lord Porter Lord Normand Lord Oaksey Lord Reid Lord Asquith of Bishopstone |
Sustained | Supreme Court of Canada |
| Canada Steamship Lines Ltd v The King | [1952] AC 192, [1952] UKPC 1 | It will be convenient to refer to the appellant company as “the company” and to the respondent as “the Crown”. This is an appeal by special leave from six judgments of the Supreme Court of Canada dated the 23rd day of June, 1950, reversing in part a like number of judgments of the Exchequer Court of Canada (Angers, J.), which had maintained Petitions of Right against the Crown for damages arising out of a disastrous fire. | Lord Porter Lord Normand Lord Morton of Henryton Lord Asquith of Bishopstone Lord Cohen |
Overturned | Supreme Court of Canada |
| Minerals Separation North American Corporation v. Noranda Mines, Limited | [1952] UKPC 2 | This is an appeal by special leave from a judgment of the Supreme Court of Canada of date 5 December 1949, whereby that court by a majority (Rand, Kellock, Estey and Locke, JJ., Kerwin, J., dissenting) allowed an appeal from a judgment of Thorson, P., in the Exchequer Court of date 28 May 1947. the appellants are the holders of the Canadian patent No. 247, 576 which expire on 10 March 1943. On 1 March 1943, they brought an action against the respondents claiming declarations that the patent was valid and that the respondents had infringed it, and also claiming payment of damages or an account of profits as the plaintiffs might elect. It is admitted that if the patent was valid there was infringement. The respondents’ defence is that the patent was invalid. | Lord Normand Lord Morton of Henryton Lord Reid Lord Asquith of Bishopstone Lord Cohen |
Sustained | Supreme Court of Canada |
| James Joseph Gray v. New Augarita Porcupine Mines Limited | [1952] UKPC 4 | This is an appeal from a judgment of the Ontario Court of Appeal dated 3 March 1950, awarding damages for fraud against the appellant and direction an enquiry under a number of heads for the purpose of ascertaining those damages. The judgment of the Court of Appeal was itself made by way of variation of a judgment of McFarland J. dated 15 October 1949, and given in the Supreme Court of Ontario, by which he had held the appellant accountable to the respondent in respect of dealings between them and had ordered the return to the respondent of several blocks of share or their equivalent value. | Viscount Simon Lord Porter Lord Oaksey Lord Radcliffe Lord Asquith of Bishopstone |
Overturned | Ontario Court of Appeal |
| Robert J. McMaster and Another v. Norman W. Byrne | [1952] UKPC 8 | This is an appeal from a decision of the Ontario Court of Appeal affirming the decision of Smily J. who dismissed the appellants’ action with costs. The action was commenced by the late Jarry J. McMaster on the 15th September, 1947. By his Statement of Claim McMaster claimed from the respondent who is a barrister and solicitor practising in the city of Hamilton an accounting of the profits derived by the respondent from a traction between them relating to 1,000 shares in a company called Carleton Securities Limited. | The Lord Chief Justice of England (Lord Goddard) Lord Normand Lord Radcliffe Lord Asquith of Bishopstone Lord Cohen |
Overturned | Ontario Court of Appeal |
| The Attorney-General of Canada and another v. Hallet and Carey Limited and another | [1952] UKPC 13 | This is an appeal (by special leave) from a judgment of the Supreme Court of Canada dated the 20th of Canada dated the 20th of November, 1950. That judgment disposed of appeals in two separate actions which had been started in the Court of Queen’s Bench for Manitoba, but the result of each action depends on the answer to the same question, whether an Order of the Governor General in Council, P.C. 1292, made on the 3rd April, 1947, was effective to vest in the appellants the Canadian Wheat Board (hereinafter referred to as “the Board”) the property in 40,000 bushels of barley belonging to the respondent Nolan. | Viscount Simon Lord Normand Lord Radcliffe Lord Asquith of Bishopstone Lord Cohen |
Overturned | Supreme Court of Canada |
| Marvin Sigurdson v. British Columbia Electric Railway Company Limited | [1952] UKPC 23 | On 20 November 1948, the appellant brought an action in the Supreme Court of British Columbia claiming damages for personal injuries suffered by him on 6 August 1948, and for damage to his motor car, by reason of the alleged negligence of the driver of a street car owned an operated by the respondent. The action was heard by Wood J. and a Common Jury and on 13 December 1950, judgment was entered for the plaintiff for $20,688.55 and costs, the jury having found that the defendant’s driver was guilty of negligence which caused the plaintiff’s injuries and that the plaintiff was not guilty of negligence which contributed to the accident. | Viscount Simon Lord Normand Lord Oaksey Lord Tucker |
Overturned | British Columbia Court of Appeal |
| Micheal Borys v. Canadian Pacific Railway Company and Another v. Canadian Pacific railway Company and Another v. Micheal Borys | [1953] UKPC 2 | This is an appeal by Micheal Borys from a judgment of the Appellate Division of the Supreme Court of Alberta which partly reversed and partly affirmed a judgment of the Chief Justice. In the court of first instance Mr. Borys was plaintiff, and the two respondents were defendants, who not only resisted the claim but also counter claimed against him and now cross-appeal against portions of the judgment of the Appellate division. | Lord Porter Lord Tucker Lord Asquith of Bishopstone Lord Cohen The Rt. Hon. Thibaudeau Rinfret, C.J.C. |
Sustained | Alberta Supreme Court (Appellate Division) |
| The Attorney General of the Province of Alberta and another v. Huggard Assets Limited and The Attorney General of Canada and others | [1953] UKPC 11 | The issue raised on this appeal is shortly whether the Crown in right of the Province of Alberta is entitled to levy certain royalties from Huggard Assets Ltd. respondents in the appeal and plaintiffs in the action, on petroleum and natural gas derived by them from a certain area in that Province. | Lord Porter Lord Oaksey Lord Reid Lord Tucker Lord Asquith of Bishopstone |
Overturned | Supreme Court of Canada |
| The Attorney General of the Province of Alberta v. West Canadian Collieries Limited and other and The Attorney General of Manitoba | [1953] UKPC 12 | This is an appeal by the defendants in the action from a judgment of the Appellate Division of the Supreme Court of Alberta, affirming a judgment of the Trial Division of that Court. The short point in the appeal is this:-The plaintiffs were grantees or lessees of mineral lands and mining rights in the Province of Alberta (or in territories from which, in 1905, that Province was carved out.) The grants and leases in question were originally made by the Crown in right of the Dominion, in which, in 1870, the parent territories had been vested. They were made under powers conferred by a series of Dominion Statutes called the Dominion Land Acts, and by Regulations and Order in Council from time to time made in pursuance of those Acts. | Lord Porter Lord Oaksey Lord Reid Lord Tucker Lord Asquith of Bishopstone |
Sustained | Alberta Supreme Court (Appellate Division) |
| The Attorney-General for Saskatchewan v. Canadian Pacific Railway Company and The Attorney-General for Manitoba, and others | [1953] UKPC 19 | This is an Appeal by special leave from a judgment of the Supreme Court of Canada, dated November 20, 1950, allowing in part an Appeal by the respondent from a judgment of the Court of Appeal for Saskatchewan dated January 29, 1949. The Court of Appeal had before it four questions referred to it by an Order of the Lieutenant-Governor in Council, dated November 16, 1948, pursuant to the Constitutional Questions Act (Chapter 72 of the revised Statutes of Saskatchewan 1940). These question involved consideration of the interpretation of Clause 16 of a contract executed on October 21, 1880 between the Canadian Pacific Railway Company. The contract provided for the construction, operation and maintenance of the Canadian Pacific Railway. | Viscount Simon Lord Oaksey Lord Tucker Lord Asquith of Bishopstone Lord Cohen |
Sustained | Supreme Court of Canada |
| The City of Winnipeg v. Canadian Pacific Railway Company | [1953] UKPC 22 | By notices given respectively in the months of March and June, 1948, the appellant notified the respondent company that the appellant had assessed the lands and buildings owned by the respondent company in the City of Winnipeg for railway purposes or in connection therewith for the realty tax and business tax respectively. Immediately after the service of the first of such notices the respondent company commenced proceedings against the appellant and after receipt of the second notice amended its statement of claim. | Viscount Simon Lord Oaksey Lord Tucker Lord Asquith of Bishopstone Lord Cohen |
Sustained | Supreme Court of Canada |
| J. Lucien Dansereau and Fanny Irenee Gabrielle Colin v. Colette Berget and Another | [1953] UKPC 27 | This is an appeal by special leave from a judgment of the Supreme Court of Canada dismissing an appeal from a judgment of the Court of King's Bench of Quebec which had set aside a judgment, dated the 5th March, 1948, of the Superior Court of Quebec. | Lord Normand Lord Oaksey Lord Tucker Lord Asquith of Bishopstone Lord Cohen |
Overturned | Supreme Court of Canada |
| The Attorney General for Ontario and others v. Israel Winner (doing business under the name and style of Mackenzie Coach Lines) and others and Israel Winner and others v. S.M.T. (Eastern) Limited and others | [1954] UKPC 8 | The problem with which their Lordships are confronted in the present appeal is concerned with the conflicting jurisdiction of the Parliament of Canada on the one part and on the other part of the legislation and regulations of the Province of New Brunswick made under its local acts. | Lord Porter Lord Oaksey Lord Tucker Lord Asquith of Bishopstone Lord Cohen |
Overturned | Supreme Court of Canada |
| Associated Broadcasting Company Limited and others v. Composers, Authors and Published Association of Canada Limited | [1954] UKPC 41 | The short question in this appeal, which is brought by special leave from an Order of the Ontario Court of Appeal, is whether the appellants infringed the copyright have infringed the copyright in certain musical works which, so far as concerns the sole right to perform those works in public throughout Canada, is vested in the respondents, The Composers, Authors and Published Association of Canada Limited. | Viscount Simonds Lord Oaksey Lord Reid Lord Tucker Lord Somervell of Harrow |
Sustained | Ontario Court of Appeal |
| Edwin G. Baker and National Trust Company, Limited and Others v. The Public Trustee for the Province of Ontario National Trust Company, Limited and Others | [1955] UKPC 17 | This is an appeal by special leave from a decision of the Supreme Court of Canada dismissing (by a majority) an appeal from the Court of Appeal of Ontario which allowed an appeal from Wells J. | The Lord Chancellor (Viscount Simonds) Lord Oaksey Lord Reid Lord Tucker Lord Somervell of Harrow |
Sustained | Supreme Court of Canada |
| Nisbet Shipping Company Limited v. The Queen | [1955] UKPC 26 | This appeal from a decision of the Supreme Court of Canada raises a question of very great difficulty. On the 13th February, 1945, there was a collision between H.M.C.S. “Orkney” and the “Blairnevis” a vessel owned by the appellant company, Nisbet Shipping Company Ltd. On the 20th July, 1951, it was decided by Mr. Justice Thorson sitting as President of the Exchequer Court of Canada that “Orkney” was alone to blame for the collision and that the respondent was not entitled to limit liability under the provisions of the Canada Shipping Act, 1934. | Viscount Simonds Lord Oaksey Lord Radcliffe Lord Tucker Lord Cohen |
Overturned | Supreme Court of Canada |
| William D. Branson Limited v. Furness (Canada) Limited (In Liquidation) | [1955] UKPC 28 | In July 1948 the appellants sued the respondents in the Exchequer Court of Canada for damages in respect of their failure to carry and deliver in good order and condition in their vessel the s.s. “Fort Columbia” a cargo of potatoes shipped by the appellants in November 1947 for carriage from Halifax, n.S. to Rio de Janeiro under three bills of lading issued by the respondents which provided for delivery of the goods to the order of the appellants. | Viscount Simonds Lord Oaksey Lord Radcliffe Lord Tucker Lord Cohen |
Overturned | Supreme Court of Canada |
| The Minister of National Revenue v. Anaconda American Brass Limited | [1955] UKPC 36 | This appeal from a judgment of the Supreme Court of Canada which dismissed an appeal from a judgment of the President of the Exchequer Court of Canada raises a question of novelty and importance. The appellant is the Minister of National Revenue, the respondent a limit company, Anaconda American Brass Limited. | Viscount Simonds Lord Oaksey Lord Reid Lord Keith of Avonholm Lord Somervell of Harrow |
Overturned | Supreme Court of Canada |
| Maxine Footwear Company Limited and another v. Canadian Government Merchant Marine Limited | [1959] UKPC 13 | This is an appeal from a judgment of the Supreme Court of Canada (Kerwin, C.J., Tashchereau, Fauteux and Abbott, J.J., Cartwright, J., dissenting dated 1 October 1957, dismissing an appeal from a judgment of the Exchequer Court of Canada (Cameron, J.) which in turn had dismissed an appeal from a judgment of the Admiralty Court for the District of Quebec (Arthur I. Smith, J.) whereby the appellants’ action as shippers against the respondents as carriers for non-delivery of their goods was dismissed. | The Lord Chancellor Lord Reid Lord Tucker Lord Somervell of Harrow Lord Denning |
Overturned | Supreme Court of Canada |
| Ponoka-Calmar Oils Ltd. and another v. Earl F. Wakefield Co., and others | [1959] UKPC 20 | This appeal from a judgment of the Supreme Court of Canada raises questions of some difficulty upon the true construction of the Mechanics’ Lien Act and in particular upon its application, where the lien alleged to arise under it attaches not only to certain land including the oil and gas therein but also to the oil and gas when severed, and where it is sought to enforce it against a fund representing the proceeds of sale of such oil and gas which have been realised by a receiver appointed by the Court under the Act. Upon these questions there has been a difference of judicial opinion in the Courts of Canada. | Viscount Simonds Lord Reid Lord Radcliffe Lord Tucker Lord Denning |
Sustained | Supreme Court of Canada |
See also
- List of Judicial Committee of the Privy Council Cases Originating in Canada, 1867-1869
- List of Judicial Committee of the Privy Council Cases Originating in Canada, 1870-1879
- List of Judicial Committee of the Privy Council Cases Originating in Canada, 1880-1889
- List of Judicial Committee of the Privy Council Cases Originating in Canada, 1890-1899
- List of Judicial Committee of the Privy Council Cases Originating in Canada, 1900-1909
- List of Judicial Committee of the Privy Council Cases Originating in Canada, 1910-1919
- List of Judicial Committee of the Privy Council Cases Originating in Canada, 1920-1929
- List of Judicial Committee of the Privy Council Cases Originating in Canada, 1930-1939
- List of Judicial Committee of the Privy Council Cases Originating in Canada, 1940-1949
Sources
- British and Irish Legal Information Institute: Privy Council Decisions
- 1950 Privy Council Decisions
- 1951 Privy Council Decisions
- 1952 Privy Council Decisions
- 1953 Privy Council Decisions
- 1954 Privy Council Decisions
- 1955 Privy Council Decisions
- 1956 Privy Council Decisions
- 1957 Privy Council Decisions
- 1958 Privy Council Decisions
- 1959 Privy Council Decisions
This article is issued from Wikipedia - version of the 5/15/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.