Chief Justice John Owen Wilson, A Legal Biography
- Stephen Morris
- May 20
- 42 min read
I. Executive Synthesis: The Legacy of Canada’s Constitutional Architect Before the Charter
The legal history of Canada is often split by a clean, doctrinal fault line: the arrival of the Canadian Charter of Rights and Freedoms in 1982. Jurisprudence before this mark is frequently characterized as an era of rigid parliamentary supremacy and mechanical statutory positivism, while the post-Charter era is celebrated as the dawn of principled, rights-based adjudication. Yet, this binary structure is fundamentally flawed. Long before the Charter reshaped the constitutional landscape, a select group of common law jurists resisted the reduction of law to mere state decree or administrative routine. Foremost among these legal minds was John Owen Wilson (J.O. Wilson), whose judicial career spanned from 1939 to 1973. Serving as a trial judge, appellate justice, and ultimately as Chief Justice of the Supreme Court of British Columbia, Wilson constructed an intellectual bridge between ancient common law constitutionalism and the modern architecture of fundamental justice.
Wilson’s foundational philosophy is captured in a single, unyielding maxim that defined his approach to the bench:
"Principles command Judges."
For Wilson, the law was not an opaque, self-serving vehicle for administrative convenience or state exploitation. It was a comprehensive juridical equation wherein procedure was entirely subservient to fairness, and substance was perpetually bound to justification. He understood that while legislatures write rules, the common law provides the core principles that render those rules lawful.
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| THE EQUATION OF GENUINE JURISPRUDENCE |
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| |
| [ PROCEDURAL FAIRNESS ] + [ SUBSTANTIVE REASON ] |
| (Legitimacy of Process) (Legitimacy of Outcome) |
| |
+------------------------------------+----------------------+
|
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"PRINCIPLES COMMAND JUDGES" (J.O. Wilson)
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By tracing his key rulings—ranging from pioneering labor disputes and early civil liberties cases to landmark frameworks governing the law of notice and jurisdictional validity—one reveals the enduring blueprint of a jurist who elevated everyday practice into an expression of constitutional integrity. Long before the Supreme Court of Canada recognized the "Living Tree" doctrine under the Charter, J.O. Wilson was already nurturing its roots in the soil of British Columbia.
II. Biographical and Judicial Trajectory (1939–1973)
John Owen Wilson’s judicial perspective was shaped by his long-standing connection to the legal realities of everyday Canadians. Born on November 7, 1898, his journey to the highest judicial office in British Columbia was not forged in isolated academic settings, but through seventeen years of active practice as a resident and lawyer in Prince George. This extensive experience embedded within him a deep understanding of the human element behind legal disputes, protecting his later judgments from becoming detached or purely academic exercises.
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| CHRONOLOGICAL JURISPRUDENTIAL TRAJECTORY |
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| |
| [1922-1939] Practitioner in Prince George |
| -> Grounded in practical equities and human impact. |
| |
| [1939-1944] Judge of the County Court of Cariboo |
| -> First-instance exposure to systemic overreach. |
| |
| [1944-1962] Justice of the Supreme Court of British Columbia |
| -> Authors Aristocratic Restaurants and Barner. |
| |
| [1962-1963] Justice of the British Columbia Court of Appeal |
| -> Infuses appellate review with common law maxims.|
| |
| [1963-1973] Chief Justice of the Supreme Court of B.C. |
| -> Establishes systemic guidance on trial integrity. |
| |
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His judicial service began in 1939 with his appointment to the County Court of Cariboo. In this role, he observed firsthand how a rigid adherence to legal forms could easily result in real-world injustice. His evident intellect, integrity, and deep human concern led to his elevation to the Supreme Court of British Columbia in 1944. For nearly two decades as a trial judge, Wilson established a distinct reputation for clear reasoning and a remarkable ability to extract the true core rationale—the ratio decidendi—from a confusing mass of facts and statutory provisions.
In 1962, he was appointed to the British Columbia Court of Appeal, bringing his focus on principled decision-making to the province's highest court. However, his true leadership was realized when he returned to the Supreme Court of British Columbia as Chief Justice in 1963, a position he held with great distinction until his retirement in 1973.
Throughout this long career, Wilson developed a clear, authoritative judicial tone. His written judgments avoided unnecessary, speculative commentary (obiter dicta). Instead, they utilized precise language often reinforced by classical common law maxims. He viewed these maxims not as decorative historical flourishes, but as concentrated legal truths. His approach on the bench demonstrated that whenever state power or technical procedures threatened individual liberty, the law was required to justify its actions through clear reason.
III. The Jurisprudential Anchors: Analyzing the Four Landmark Precedents
The ongoing relevance of Chief Justice Wilson’s jurisprudence is demonstrated through four specific cases. Each case serves as a foundational anchor for a distinct area of Canadian law, moving the legal system away from strict, mechanical positivism and toward a framework based on core principles.
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| THE FOUR JURISPRUDENTIAL ANCHORS |
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| |
| 1. ARISTOCRATIC RESTAURANTS (1950) |
| -> Constitutional Protection of Civil Liberties & Labour |
| |
| 2. BARNER V. BARNER (1952) |
| -> Substantive "Law of Notice" over Technical Failure |
| |
| 3. ORAZIO V. CIULLA (1966) |
| -> "Knowledge is Notice" / Rejection of Deceptive Forms |
| |
| 4. SANDERS V. THE QUEEN (1970) |
| -> Prevention of Jurisdictional Blindness & State Ignorance |
| |
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1. Aristocratic Restaurants Ltd. v. Williams [1950]: The Early Defense of Civil Liberties
In Aristocratic Restaurants (1947) Ltd. v. Williams et al., 1950 CanLII 664 (BC SC), Wilson J. confronted a critical conflict between property rights and civil liberties. The case arose from a labor dispute where union members picketed in front of a restaurant carrying placards that stated the employer had no union agreement. The employer sought an injunction, arguing that such public demonstrations amounted to an unlawful conspiracy and a civil tort designed to injure their financial interests.
At the time, Canadian labor law was frequently hostile toward public picketing, often treating trade union actions as inherently disruptive or illegal interferences with commercial contract rights. Writing at the trial level, Wilson looked past the economic arguments and focused on a fundamental common law liberty: the right to communicate truthful information in public spaces. He recognized that the actions of the picketers—consisting of two men walking orderly on a public sidewalk—did not involve intimidation, threats, or breaches of the peace.
Wilson held that the state could not use the power of the courts to suppress peaceful communication simply because it caused commercial inconvenience. His judgment established that public picketing, when conducted without coercion, was a lawful exercise of free expression. Although the British Columbia Court of Appeal initially overturned his ruling (1950 CanLII 240), the Supreme Court of Canada ultimately restored Wilson’s original decision in the landmark judgment Williams v. Aristocratic Restaurants, 1951 CanLII 24 (SCC), [1951] SCR 762.
The Supreme Court of Canada's adoption of Wilson's reasoning had significant constitutional implications. It established that basic civil liberties, such as peaceful public communication, were protected under the common law from arbitrary judicial restrictions. By ensuring that labor activities could not be easily suppressed through civil injunctions, Wilson anticipated the modern protection of freedom of expression and peaceful assembly now codified under Section 2 of the Charter.
2. Barner v. Barner (1952): Prioritizing Substantive Justice Over Technical Rules
In Barner v. Barner, 1952 CanLII 507 (BC SC), Wilson J. addressed a procedural issue within a divorce proceeding that carried broader significance for the administration of justice. A co-respondent had been served personally with a copy of the divorce petition, but due to a bureaucratic oversight, they were mistakenly handed the respondent's copy rather than their own specifically designated document. Relying on this technical defect, the party sought to invalidate the service and set aside the subsequent legal steps, arguing that the strict rules governing personal service had not been precisely followed.
Wilson rejected this attempt to leverage a minor clerical error to evade the court's jurisdiction. He recognized that the purpose of personal service is not to perform a flawless, mechanical ritual, but to ensure that an individual receives actual, unambiguous notice of the legal claims brought against them. Because the co-respondent had received the actual documents and was fully aware of the nature of the proceedings, the technical mistake caused no real prejudice.
This decision applied a fundamental common law principle: the court will not permit its procedural rules to be manipulated to defeat substantive justice. Wilson’s ruling established that when a party has clear knowledge of a claim, minor procedural defects will not be allowed to invalidate the process.
In this context, it means the court will not create an unjust result by blindly enforcing a technical rule at the expense of reality. Barner remains a foundational precedent in Canadian civil procedure, cited for the proposition that rules of practice are meant to guide the administration of justice, not to act as traps that prevent a fair resolution on the merits.
3. Orazio v. Ciulla (1966): The Principle that "Knowledge is Notice"
The principle established in Barner was further refined and solidified in Orazio v. Ciulla, 1966 CanLII 430 (BC SC), a decision that has become a leading authority on the law of service and notice in Western Canada. Although the case was formally presided over by a local judge, the court explicitly adopted and expanded the doctrine previously articulated by Wilson J. in Barner.
In Orazio, the court dealt with a personal injury claim arising from a motor vehicle accident where the physical delivery of the legal process was technically imperfect. The defendant argued that because the precise steps for personal delivery outlined in the rules of court had not been followed, the service was completely void. In rejecting this rigid interpretation, the judgment relied on the reasoning of Lord Cranworth in the historic English case Hope v. Hope (1854), which Wilson had integrated into British Columbia's jurisprudence:
"The essential ingredient, as I see it, on the authorities, is that the process delivered to the defendant must be so delivered under circumstances which enable the Court to conclude that he knew or reasonably should have known what it was."
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| THE ANATOMY OF VALID SERVICE |
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| |
| [ PHYSICAL DELIVERY ] + [ REAL AWARENESS ] |
| (Technical Act) (Substantive Comprehension) |
| |
+------------------------------------+----------------------+
|
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"KNOWLEDGE IS NOTICE" (Orazio v. Ciulla)
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This framework establishes that the core objective of service is to provide actual awareness to the individual. If a defendant receives a document under circumstances that make its nature and purpose clear, they cannot rely on technical imperfections to claim they were not notified. This doctrine directly challenges the practice of using minor procedural variations to delay or avoid legal accountability.
By prioritizing actual comprehension over mere formal adherence to a rule, Orazio enforces a baseline of intellectual honesty within civil litigation. It protects the integrity of the legal system by preventing parties from using procedural rules to create a false impression of ignorance.
4. Sanders v. The Queen [1970]: Guarding Jurisdictional Validity Against Administrative Ignorance
The most constitutionally significant case connected to Chief Justice Wilson's legacy is Sanders v. The Queen, 1969 CanLII 47 (SCC), [1970] SCR 109. This case originated from Wilson's bench in British Columbia and ultimately advanced to the Supreme Court of Canada, where it sparked a major debate regarding judicial review, statutory interpretation, and individual liberty.
The matter involved an individual who had been subjected to a preventative detention order under the historical provisions of the Criminal Code regarding dangerous sexual offenders. The core legal dispute centered on Section 682 (later Section 710) of the Criminal Code, an administrative privative clause designed to restrict an individual's right to seek a writ of certiorari to overturn a conviction or order if they had failed to pursue a standard pathway of appeal. The Crown argued that this statutory restriction acted as a complete bar, meaning that even if there were underlying procedural or jurisdictional errors in the original proceeding, the court was legally prohibited from reviewing the detention order.
When the case reached the Supreme Court of Canada, the majority took a strict, literal approach to the statute. They ruled that because the accused had an available avenue of appeal that he did not use, the plain language of the Criminal Code barred the extraordinary remedy of certiorari. This majority view reflected a traditional adherence to parliamentary supremacy, holding that clear statutory restrictions must be applied mechanically, even when individual liberty is at stake.
However, the enduring legacy of Sanders comes from its dissenting opinions, which closely mirrored Chief Justice Wilson’s commitment to fundamental common law protections. The dissenters argued that a legislative body cannot use a procedural rule to insulate a completely invalid or unconstitutional order from judicial review. They maintained that if an administrative body or lower court acts without proper jurisdiction, its decision is a nullity, and a privative clause cannot breathe legal life into a void order.
The division in Sanders highlighted a profound conflict between two opposing views of the law:
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| THE COMBAT OF TWO LEGAL WORLDVIEWS |
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| |
| THE POSITIVIST MAJORITY ENFORCEMENT |
| [ Legislative Text ] -> [ Privative Clause ] -> [ Bar Review ] |
| |
| THE WILSONIAN PRINCIPLED RESISTANCE |
| [ Common Law Right ] -> [ Jurisdictional Failure ] -> [ Remedy ]|
| |
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The principles articulated by the dissent in Sanders eventually triumphed in modern Canadian public law. Today, Canadian courts recognize that access to judicial review for jurisdictional errors is a protected constitutional right that cannot be eliminated by ordinary legislation. Sanders stands as a vital warning against allowing administrative convenience to justify arbitrary state actions, reinforcing the rule that wherever individual liberty is restricted, the state's authority must remain subject to judicial scrutiny.
IV. The Ongoing Lexicon: Tracing Influence Through Citing History
The long-term impact of a jurist is measured by how effectively their decisions continue to guide subsequent generations of lawyers and judges. The citing history of J.O. Wilson's judgments demonstrates that his decisions are not viewed as static historical artifacts, but as active, functional precedents within modern Canadian law.
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| THE EVOLUTION OF ANCHOR PRECEDENTS |
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| |
| *Williams v. Aristocratic Restaurants* (114+ Citations) |
| -> Shapes modern picketing, protest rights, and s.2 rights|
| |
| *Sanders v. The Queen* (92+ Citations) |
| -> Limits privative clauses; establishes s.7 frameworks. |
| |
| *Orazio v. Ciulla* (29+ Citations) |
| -> Direct lineage to 2023 BCSC injunction service rules. |
| |
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The Evolution of Service in the Digital and Protest Eras
The principles governing notice established in Barner and Orazio have adapted to meet contemporary challenges. In Balla v. Fitch Research Corp., 2000 BCCA 448, the British Columbia Court of Appeal reviewed a situation involving a technically defective service of process to determine whether a default judgment should be set aside. The Court traced its analysis directly back to Barner and Orazio, reaffirming that because the party possessed actual knowledge of the litigation, the technical defect could not be used to escape the court's jurisdiction.
This line of reasoning has proven essential in managing high-profile public interest and environmental law disputes. In Teal Cedar Products Ltd. v. Rainforest Flying Squad, 2023 BCSC 1400, the Supreme Court of British Columbia addressed the service of court injunctions on large, unorganized groups of protesters in remote areas. The defendants argued they had not been formally and individually served according to traditional civil rules.
In rejecting this argument, the court relied on the clear standard from Barner and Orazio: the critical requirement is whether the individuals had actual, functional knowledge of the court's order. This application demonstrates how Wilson's focus on substantive awareness over rigid form allows modern courts to maintain the rule of law during complex, fast-moving public demonstrations.
The Integrity of the Fact-Finding Process
Wilson’s insistence on procedural honesty also continues to shape the rules governing regular civil and commercial trials. In Ben Ginter Construction Co. v. Celgar Limited, 1967 CanLII 836 (BC SC), Chief Justice Wilson clarified the requirements for specially endorsed writs, holding that a plaintiff must provide sufficient particulars to enable a defendant to understand and meaningfully respond to the case against them.
This approach was reaffirmed in 2538520 Ontario Limited v. Eastern Platinum Limited, 2022 BCSC 1101, where the court noted that the essential purpose of service and pleading rules is to ensure that all parties have a clear, fair understanding of the dispute. By keeping the focus on actual comprehension, Wilson's legacy prevents litigation from degenerating into a series of strategic maneuvers designed to obscure the truth.
V. Commentary: The "Ignored Liability" of Modern Courts Through a Dworkinian Lens
When we evaluate Chief Justice Wilson’s legacy alongside modern legal theory, particularly the work of Ronald Dworkin in Taking Rights Seriously, we identify a significant and ongoing challenge in contemporary judicial practice: the "ignored liability" of modern courts.
Dworkin famously argued that law cannot be understood simply as a collection of explicit rules. Instead, it includes a deep network of underlying principles that carry a distinct dimension of moral weight. While a rule operates mechanically (either it applies or it does not), a principle provides a compelling reason that directs judicial decision-making toward a fair and just result. Dworkin asserted that individual rights act as political trumps, meaning they cannot be sacrificed by judges or legislatures simply to achieve collective social goals or administrative efficiency.
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| THE DWORKINIAN ANATOMY OF PRINCIPLED LAW |
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| RULES : Explicit, all-or-nothing commands (e.g., Deadlines) |
| |
| PRINCIPLES : Deep moral imperatives carrying weight (e.g., Equity)|
| |
| RIGHTS : "Political Trumps" protecting the individual against |
| the calculations of state utility. |
| |
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This theoretical framework helps identify where modern courts often fall short. In an era dominated by heavy caseloads, complex regulatory frameworks, and a strong emphasis on case management, judges face constant pressure to prioritize speed and administrative efficiency over all else. This trend represents a notable shift.
This shift creates a substantial, unacknowledged systemic risk. When a court allows a strict, technical rule to block a valid claim, or uses administrative speed to avoid examining a potential violation of a fundamental principle, it compromises its own institutional integrity.
Chief Justice Wilson understood this risk completely. His famous assertion that "Principles command Judges" served as an explicit rejection of judicial convenience. He recognized that rules of procedure are meant to serve as the structural framework that allows principles to be fairly applied—they are not intended to replace the principles themselves. To use Dworkin's terminology, Wilson viewed the Principles of Fundamental Justice not as optional guideposts that a judge could ignore to save time, but as absolute obligations that dictate how judicial power must be exercised.
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| THE DEVALUATION OF JURISPRUDENCE |
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| |
| AUTHENTIC ADJUDICATION (Wilson/Dworkin) |
| [ moral integrity ] -> [ binding principles ] -> [ justice]|
| |
| MECHANICAL ADJUDICATION (Modern Bureaucracy) |
| [ file management ] -> [ pro forma rules ] -> [ speed ] |
| |
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When modern courts treat classic common law maxims as mere historical decoration rather than binding sources of law, they fall into the trap of mechanical positivism. This approach creates an environment where the law risks becoming an exercise in raw administrative power rather than an expression of genuine fairness.
The true value of Wilson’s career lies in his consistent demonstration that a court retains its moral authority only so long as it remains firmly anchored in these core principles. If the judiciary permits technical efficiency to supersede basic fairness, it ignores its primary constitutional duty: the obligation to ensure that whenever the state limits individual liberty, it must justify its actions under the law.
VI. Conclusion: The Living Structure of Canadian Justice
Ultimately, the legacy of Chief Justice John Owen Wilson is defined by his commitment to the moral purpose of the law. His decisions in Aristocratic Restaurants, Barner, Orazio, and Sanders are not merely historical reference points. They form an active, living framework that continues to protect individual rights and civil liberties across Canada.
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| THE TRIUMPH OF PRINCIPLED JURISPRUDENCE |
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| |
| COMMON LAW FOUNDATION --> MODERN CHARTER REALITY |
| (Principles Command) (Sec. 7 Fundamental) |
| |
+------------------------------------+----------------------+
|
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"UBI JUS IBI REMEDIUM" (The Final Rule)
=======================================
Wilson's work proved that the common law contains the essential principles of fairness and accountability necessary to challenge arbitrary state power and resist bureaucratic indifference. By insisting that procedure must always serve the interests of justice, and that substance must be grounded in clear reason, he anticipated the rights-based legal framework that would later be codified in the Charter.
As modern courts navigate the complexities of a fast-moving, highly digital world, the enduring standard established by this distinguished jurist from Prince George remains vital.
SOURCES
1.
Williams v. Aristocratic Restaurants, 1951 CanLII 24 (SCC), [1951] SCR 762
Supreme Court of Canada
1951-06-27 | 49 pages | cited by 114 documents
AI-generated
Labour and employment
Labour law — Picketing — Criminal offence — Industrial Conciliation and Arbitration Act, R.S.B.C. 1948, c. 155 — Trade-unions Act, R.S.B.C. 1948, c. 342.
[…] Williams v. Aristocratic Restaurants, [1951] S.C.R. 762 Date: 1951-06-27 Robert Williams et al (Defendants) Appellants; […] Aristocratic Restaurants (1947) Ltd. (Plaintiff) Respondent. 1951: February 13, 14, 15; 1951: June 27. […]
2.
Sanders v. The Queen, 1969 CanLII 47 (SCC), [1970] SCR 109
Supreme Court of Canada
1969-10-07 | 65 pages | cited by 92 documents
AI-generated
Criminal or statutory infractions
Criminal law — Criminal Code, 1953-54 (Can.), c. 51, ss. 661, 662, 691 — The Supreme Court Act, R.S.C. 1952, c. 259, s. 61.
[…] Sanders v. The Queen, [1970] S.C.R. 109 Date: 1969-10-07 Francis Stewart Sanders Appellant; […]
3.
Orazio v. Ciulla, 1966 CanLII 430 (BC SC)
Supreme Court of British Columbia
1966-09-19 | 6 pages | cited by 29 documents
AI-generated
Practice and procedure
Practice — Service of process — Personal service — Motor-vehicle Collision
[…] ORAZIO v. CIULLA British Columbia Supreme Court, Smith, Co.Ct.J. (Local Judge), […] This statement was applied by Wilson, J. (now C.J.S.C.), in his judgment in Barner v. Barner (1952), 7 W.W.R. (N.S.) 331. […]
4.
Aristocratic Restaurants (1947) Ltd. v. Williams et al., 1950 CanLII 240 (BC CA)
Court of Appeal for British Columbia
1950-11-17 | 33 pages | cited by 18 documents
AI-generated
Labour and employment
Labour law — The Trade-unions Act, R.S.B.C. 1948, c. 342, ss. 3, 4, 5, 6, 7 — The Industrial Conciliation and Arbitration Act, R.S.B.C. 1948, c. 155.
[…] ARISTOCRATIC RESTAURANTS (1947) LTD. v. WILLIAMS et al. British Columbia Court of Appeal, O'Halloran, Robertson and Sidney Smith JJ.A. November 17, 1950. […] The picketing was done by two men (they were not restaurant employees) marching together (joined occasionally by one or two others who would parade with them for short periods) in front of the restaurant concerned, carrying large placards (2' 3" x 1' 9"), bearing the words "Aristocratic Restaurants have no Union agreements […]
5.
Aristocratic Restaurants (1947) Ltd. v. Williams et al., 1950 CanLII 664 (BC SC)
Supreme Court of British Columbia
1950-09-18 | 16 pages | cited by 5 documents
AI-generated
Labour and employment
Labour law — Torts — Conspiracy
[…] ARISTOCRATIC RESTAURANTS (1947) LTD. ®. WILLIAMS et al. British Columbia Supreme Court, Wilson J. September 13 and 18, 1950. […] First, at Unit No. 6, two men walked back and forth in front of the restaurant each carrying a placard bearing these words "Aristocratic Restaurants have no union agreements with Hotel & Restaurant Employees International Union, Local 28, affiliated with Vancouver & New Westminster Trades and Labour Council". […]
6.
Aristocratic Restaurants (1947) Limited v. Hotel and Restaurant Employees International Union, Local 28 (No. 2), 1950 CanLII 527 (BC CA)
Court of Appeal for British Columbia
1950-12-20 | 6 pages | cited by 4 documents
AI-generated
Constitution Labour and employment
Constitutional law — Labour and employment — Industrial Conciliation and Arbitration Act, RSBC, 1948, ch. 155 — B.N.A. Act, 1867, ss. 92, 101.
Courts — Supreme Court of Canada — Jurisdiction
[…] Aristocratic Restaurants (1947) Limited • (Plaintiff) Respondent y. Hotel and Restaurant Employees International Union, […] International Union, Local 28, apply: under sec. 38 (as enacted by 1949,. 2nd sess., ch. 37, sec. 2) of the Supreme Court Act, RSC, 1927, ch. 35, for leave to appeal to the Supreme Court of Canada from, the final judgment of , this court allowing the. appeal of Aristocratic Restaurants Ltd. ( [1950]. 2 WWR 1105) . […]
7.
Barner v. Barner, 1952 CanLII 507 (BC SC)
Supreme Court of British Columbia
1952-08-13 | 1 page | cited by 10 documents
AI-generated
Family Practice and procedure
Divorce — Practice — Delay in applying for costs — Petitioner denied
8.
Sanders v. The Queen, 2001 CanLII 912 (TCC)
Tax Court of Canada
2001-10-18 | 7 pages | cited by 3 documents
AI-generated
Taxation
Income tax — Income calculation
9.
Balla et al v. Fitch Research Corporation et al, 2005 BCSC 1447 (CanLII)
Supreme Court of British Columbia
2005-10-14 | 36 pages | cited by 8 documents
AI-generated
Business Practice and procedure
Commercial law — Practice — Services
[…] [19] This has been quoted with approval in British Columbia in Barner v. Barner (1952), 1952 CanLII 507 (BC SC) , 7 W.W.R. (N.S.) 331 (B.C.S.C.) , Orazio v. Ciulla (1956), 1966 CanLII 430 (BC SC) , 57 W.W.R. 641 (B.C.S.C.), and Erickson v. Kamloops (City), [1993] B.C.J. No. 1239 , Kamloops Registry No. 18942. […] 1. Barner v. Barner (1952), 1952 CanLII 507 (BC SC) , 7 W.W.R (N.S.) 331 -- Co-respondent in divorce proceeding was served personally, and was given the respondent's copy of the petition. […]
10.
Teal Cedar Products Ltd. v Rainforest Flying Squad, 2023 BCSC 1400 (CanLII)
Supreme Court of British Columbia
2023-06-23 | 7 pages
AI-generated
Criminal or statutory infractions
Criminal law — Commercial law — Contempt of Court — Conduct constituting contempt
[…] See Thomson v. Pheney (1832), 1 Dowl. 441; Hope v. Hope (1854), 4 De G.M. & G. 328 at 342; 43 E.R. 534 ; Re Avery, 1951 CanLII 111 (ON CA) , [1952] O.R. 192 (C.A.); Barner v. Barner (1952), 1952 CanLII 507 (BC SC) , 7 W.W.R. (N.S.) 331 at 332 (B.C.S.C.); Orazio v. Ciulla (1966), 1966 CanLII 430 (BC SC) , 57 W.W.R. 641 […]
11.
Erickson v. Kamloops (City), 1993 CanLII 1464 (BC SC)
Supreme Court of British Columbia
1993-05-28 | 7 pages
AI-generated
Municipalities Property and trusts
Municipal law — Real property — Expropriation — Judicial review
[…] Wilson J. in Barner v. Barner (1952), 1952 CanLII 507 (BC SC) , 7 W.W.R. (N.S.) 331 (B.C.S.C.) , and Kirke-Smith L.J.S.C. in Orazio v. Ciulla (1956), 1966 CanLII 430 (BC SC) , 57 W.W.R. 641 , both adopted the following statement of Lord Cranworth L.C. in Hope v. Hope 43 E.R. 534 : […]
12.
Balla v. Fitch Research Corp., 1999 CanLII 6605 (BC SC)
Supreme Court of British Columbia
1999-02-08 | 7 pages
AI-generated
Practice and procedure
Commercial law — Practice — Services
[…] [22] The plaintiff relies on a number of decisions in which the service was technically defective but still held to be valid by reason of the defendant's knowledge: Barner v. Barner (1952), 1952 CanLII 507 (BC SC) , 7 W.W.R. (N.S.) 331 (B.C.S.C.); Orazio v. Ciulla (1966), 1966 CanLII 430 (BC SC) , 59 D.L.R. (2d) 208 […]
13.
Balla v. Fitch Research Corp., 2000 BCCA 448 (CanLII)
Court of Appeal for British Columbia
2000-07-26 | 10 pages | cited by 16 documents
AI-generated
Business Practice and procedure
Commercial law — Practice — Default judgments
[…] [14] After referring to a number of decisions in which the service was technically defective but held to be valid by reason of the defendant's knowledge of the proceedings, including Barner v. Barner (1952), 1952 CanLII 507 (BC SC) , 7 W.W.R. (N.S.) 331 (B.C.S.C.) ; Orazio v. Ciulla (1966), 1966 CanLII 430 (BC SC) , 59 […]
14.
R. v. Martell, 2005 BCSC 527 (CanLII)
Supreme Court of British Columbia
2005-04-07 | 9 pages
AI-generated
Criminal or statutory infractions Motor vehicles
Criminal law — Motor vehicle offences — Driving while prohibited
[…] [14] Mr. Grabavac cited several common law authorities including Re Avery, 1951 CanLII 111 (ON CA) , [1952] O.R. 192 (Ont. C.A.), Barner v. Barner (1952), 1952 CanLII 507 (BC SC) , 7 W.W.R. (N.S.) 331 (B.C.S.C.), Orazio v. Ciulla (1996), 57 W.W.R. 641 (B.C.S.C.), Canada Trust Co. v. Kakar Properties Ltd. (1983), 26 R.P.R. […]
15.
Canadian Imperial Bank of Commerce v. Avenue Shoppers Plaza Ltd. and Toigo, 1967 CanLII 1235 (BC SC)
Supreme Court of British Columbia
1967-02-28 | 4 pages | cited by 1 document
AI-generated
Practice and procedure
Practice — Default judgments — Endorsement of promissory note — Action by creditor against guarantor — Bills of Exchange Act, s. 134.
[…] BRITISH COLUMBIA SUPREME COURT CHAMBERS WILSON, C.J.B.C. Canadian Imperial Bank of Commerce v. Avenue Shoppers Plaza Ltd. and :Toigo […] WILSON, C.J.B.C. — Pursuant to 0. 27, R. 2, the plaintiff has signed judgment against the principal debtor Avenue Shoppers Plaza Ltd. and the guarantor Toigo after the time had elapsed for filing defences to the specially endorsed writ served on both defendants. […]
16.
Drew (Re), 1980 CanLII 518 (BC SC)
Supreme Court of British Columbia
1980-02-27 | 5 pages | cited by 2 documents
AI-generated
Professions and occupations
Discovery — Examination of witnesses — Public interest
[…] " [12] In the decision chiefly relied upon by the applicant, Re Haynes, B.C., 8th March 1967, Victoria No. 611/65 (unreported), Wilson C.J.B.C. said: "What does the 'public necessity' above referred to mean? […] [13] In that case, Wilson C.J.B.C. based his conclusion that there was need upon the fact that the number of notaries in Victoria had declined from 49 to 36 between 1960 and 1965 whereas the population had grown, and also upon the fact that the Law Society and the Society of Notaries Public had concurred in the opinion that […]
17.
Ben Ginter Construction Co. v. Celgar Limited, 1967 CanLII 836 (BC SC)
Supreme Court of British Columbia
1967-09-06 | 2 pages | cited by 11 documents
AI-generated
Practice and procedure
Practice — Writs — Special Endorsement — Rule 3(1)(a), (b).
[…] One must first determine whether sufficient particulars have been given the defendant which would enable him to resist: Wilson, C.J.B.C., in Can. Imperial Bank of Commerce v. Avenue Shoppers Plaza Ltd. and Toigo (1967) 59 WWR 369. […]
18.
R. v. Nguyen, 2002 BCPC 302 (CanLII)
Provincial Court of British Columbia
2002-07-18 | 3 pages
AI-generated
Criminal or statutory infractions Motor vehicles
Criminal law — Motor vehicle offences — Driving while disqualified or prohibited
[…] [8] In Regina v. Spruce Hansard Mills Ltd. (1954) 1954 CanLII 253 (BC SC) , 13 W.W.R. (N.S.) 285, Wilson C.J.B.C. stated: "I will only go against a judgment of another judge of this court if: […]
19.
Carpenter v. E.B.H. Financial Services Ltd., 1998 CanLII 3916 (BC SC)
Supreme Court of British Columbia
1998-06-10 | 3 pages | cited by 2 documents
AI-generated
Practice and procedure
Commercial law — Practice — Service ex juris — Conflict of laws — Forum conveniens
[…] Leaving a document means leaving it with or in the vicinity of a person: Orazio v. Ciulla (1966) 1966 CanLII 430 (BC SC) , 57 WWR 641 (BCSC). […]
20.
Bank of Montreal v. Verdonk, 1991 CanLII 1350 (BC SC)
Supreme Court of British Columbia
1991-03-04 | 3 pages
AI-generated
Practice and procedure
Practice — Services
[…] Orazio v. Ciulla (1966) 1966 CanLII 430 (BC SC) , 57 W.W.R. 641. […]
21.
Stolberg v. Pearl Assurance Company Ltd., 1971 CanLII 146 (SCC), [1971] SCR 1026
Supreme Court of Canada
1971-04-27 | 7 pages | cited by 7 documents
AI-generated
Insurance
Insurance — Comprehensive liability policy — Appellant one of four named insured
[…] APPEAL from a judgment of the Court of Appeal for British Columbia[1], dismissing an appeal from a judgment of Wilson C.J.B.C., dismissing the plaintiff’s action for indemnity under a policy of liability insurance. […]
22.
Adolph v. Adolph, 1964 CanLII 843 (BC CA)
Court of Appeal for British Columbia
1964-12-17 | 4 pages | cited by 10 documents
AI-generated
Evidence Family
Evidence — Divorce action — standard of proof — Alleged adultery onus of proof — Defendant admitting direct evince of adultery
[…] BULL, J.A. — This is an appeal by the female plaintiff in a matrimonial cause from the judgment of Wilson, C.J.B.C., dis missing her action for dissolution of her marriage with the male defendant. […]
23.
Wang v. Wang, 2012 BCSC 1077 (CanLII)
Supreme Court of British Columbia
2012-07-19 | 6 pages | cited by 6 documents
AI-generated
Family Practice and procedure
Real property — Family law — Practice — Default judgments — Services
[…] [23] Counsel refers to Orazio v. Ciulla, 1996 B.C.J. No. 136 (B.C. Co. Ct) , for the proposition that a copy of the originating document must be delivered to the defendant in such a manner as to make it readily apparent to her, simply by looking at it, what the document is. […]
24.
Bennett v. Cultural Tours and Cultural Tours (B.C.) Ltd. , 1991 CanLII 1287 (BC SC)
Supreme Court of British Columbia
1991-08-20 | 4 pages
AI-generated
Interpretation Practice and procedure
Civil — Creditors’ remedies — Registration of judgment — Setting aside
[…] The only case cited to me on the question of service was the decision of Kirke Smith, L.J.S.C. in Orazio v. Ciulla (1966), 1966 CanLII 430 (BC SC) , 57 W.W.R. 641 where the Court reviewed various cases dealing with the physical elements of personal service and noted at 646: […]
25.
Sargent v. McPhee, 1967 CanLII 800 (BC CA)
Court of Appeal for British Columbia
1967-06-16 | 9 pages | cited by 2 documents
AI-generated
Administrative remedies
Quo warranto — When available — Queen's Bench Act, s. 3.
[…] TYSOE, J.A: — This appeal is from, a judgment of Wilson, C.J.B.C. (1967) 58 WWR.567, directing that an information in the nature of a quo warranto be exhibited against the appel lant to show by what authority he claims to exercise the office of a commissioner under the Public Inquiries Act, RSBC, 1960, ch. 315. […]
26.
Mathers v. Bruce, 2002 BCSC 210 (CanLII)
Supreme Court of British Columbia
2002-02-13 | 9 pages | cited by 3 documents
AI-generated
Child custody and access Family Support and maintenance
Family law — Children — Jurisdiction of courts
[…] [16] Service in this case was effected in a manner provided by Rule 11(2)(a), namely, by leaving a copy of the documents with the defendant “...under circumstances which enable the Court to conclude that he knew or reasonably should have known what it was.” (Orazio v. Ciulla (1966) 1966 CanLII 430 (BC SC) , 57 WWR 641 at […]
27.
2538520 Ontario Limited v Eastern Platinum Limited, 2022 BCSC 1101 (CanLII)
Supreme Court of British Columbia
2022-06-30 | 11 pages | cited by 2 documents
AI-generated
Business Practice and procedure
Commercial law — Practice — Services — Substitutional service orders
[…] [27] In extracting a common principle from these authorities, I can do no better than the language of Kirk Smith, Co. Ct. J., in Orazio v. Ciulla, supra: The essential ingredient, as I see it, on the authorities, is that the process delivered to the defendant must be so delivered under circumstances which enable the Court […]
28.
CIBC v. Feist, 2005 BCSC 574 (CanLII)
Supreme Court of British Columbia
2005-04-15 | 5 pages
AI-generated
Contracts Creditors and debtors
Civil — Creditors’ remedies — Garnishment after judgment
[…] 16. The case of Orazio v. Ciulla, (1966) 1966 CanLII 430 (BC SC) , 57 W.W.R. 641 (B.C.S.C.) is often cited with respect to the requirements of personal service. […]
29.
McIlvenna v. Viebig, 2013 BCCA 411 (CanLII)
Court of Appeal for British Columbia
2013-09-25 | 11 pages | cited by 15 documents
AI-generated
Practice and procedure
Personal injuries — Negligence — Proof of negligence — Practice — Infant settlements
[…] It is not clear to me that the issue of service was raised with the trial judge, but the object of service is to ensure that people are made aware of what is sought against them (Orazio v. Ciulla (1966), 1966 CanLII 430 (BC SC) , 57 W.W.R. 641 (B.C.S.C.)). […]
30.
Tschurtschenthaler v. Sunlogics Inc., 2013 BCSC 1197 (CanLII)
Supreme Court of British Columbia
2013-07-05 | 15 pages | cited by 6 documents
AI-generated
Business Labour and employment Practice and procedure
Labour law — Practice — Default judgments
[…] [27] In extracting a common principle from these authorities, I can do no better than the language of Kirk Smith, Co. Ct. J., in Orazio v. Ciulla, supra: The essential ingredient, as I see it, on the authorities, is that the process delivered to the defendant must be so delivered under circumstances which enable the Court […]
31.
R. v. Sironen, 2005 BCSC 158 (CanLII)
Supreme Court of British Columbia
2005-02-04 | 15 pages
AI-generated
Criminal or statutory infractions Motor vehicles
Criminal law — Charter of Rights — Motor vehicle offences — Driving while disqualified or prohibited — Section 9
[…] [51] Balla also refers to the decision of the British Columbia Supreme Court in Orazio v. Ciulla (1966), 1966 CanLII 430 (BC SC) , 59 D.L.R. (2d) 208 , in which the following passage appears: […]
32.
Melco Resorts (Macau) Limited v Huang, 2023 BCSC 631 (CanLII)
Supreme Court of British Columbia
2023-03-17 | 15 pages | cited by 2 documents
AI-generated
Business Practice and procedure
Civil — Practice — Default judgments — Services — Defective service
[…] [27] In extracting a common principle from these authorities, I can do no better than the language of Kirk Smith, Co. Ct. J., in Orazio v. Ciulla, supra: The essential ingredient, as I see it, on the authorities, is that the process delivered to the defendant must be so delivered under circumstances which enable the Court […]
33.
H.A.L. v. S.W.J.M., 2012 BCSC 1108 (CanLII)
Supreme Court of British Columbia
2012-07-25 | 12 pages | cited by 2 documents
AI-generated
Family Practice and procedure Support and maintenance
Family law — Practice — Default judgments
[…] She refers to the decision of Smith, Co.Ct.J., sitting as a Local Judge, in Orazio v. Ciulla (1966), 1966 CanLII 430 (BC SC) , 59 D.L.R. (2d) 208 (B.C.S.C.) [Orazio] . […]
34.
Mok v. The Owners, Strata Plan VR456, 2023 BCCA 401 (CanLII)
Court of Appeal for British Columbia
2023-11-02 | 39 pages | cited by 4 documents
AI-generated
Property and trusts
Real property — Condominiums — Administration
[…] The judge found authority for common law service in this Court’s decision in Mcllvenna v. Viebig, 2013 BCCA 411 [Mcllvenna] at para. 42 , which cited Orazio v. Ciulla (1966), 1966 CanLII 430 (BC SC) , 57 W.W.R. 641 (B.C.S.C.) [Orazio] . […] It is not clear to me that the issue of service was raised with the trial judge, but the object of service is to ensure that people are made aware of what is sought against them (Orazio v. Ciulla (1966), 1966 CanLII 430 (BC SC) , 57 W.W.R. 641 (B.C.S.C.)). […]
35.
Kerpan v. Vovers, 2012 BCSC 154 (CanLII)
Supreme Court of British Columbia
2012-01-19 | 18 pages | cited by 8 documents
AI-generated
Family Practice and procedure
Family law — Practice — Default judgments
[…] [33] The leading authority in British Columbia as to the requirements for service of a writ or other process is the decision of Kirke Smith J. in Orazio v. Ciulla (1966); 1966 CanLII 430 (BC SC) , 59 D.L.R. (2d) 208, 57 W.W.R. 641 (B.C.S.C.) [cited to W.W.R.]. […]
36.
Hanisch v. Canada, 2004 BCCA 539 (CanLII)
Court of Appeal for British Columbia
2004-10-21 | 23 pages | cited by 21 documents
AI-generated
Torts
Civil — Defamation — Liability — Torts — False arrest and imprisonment
[…] They refer to several cases in which general damages less than $10,000 have been ordered, particularly the judgment of this Court in Bahner v. Marwest Hotel Company Ltd. Co. (1970), 1970 CanLII 842 (BC CA) , 75 W.W.R. 729, 12 D.L.R. (3d) 646, upholding a damage award of Wilson C.J.B.C. of $3,500. [60] Non-pecuniary damages […]
37.
AG of Canada v. Acero, 2006 BCSC 1015 (CanLII)
Supreme Court of British Columbia
2006-06-29 | 24 pages | cited by 12 documents
AI-generated
Criminal or statutory infractions
Criminal law — Proceeds of crime — Forfeiture
[…] In that case, Wilson C.J.B.C. set out the terms under which stare decisis or committee should apply in a trial court. […]
38.
Northland Properties Corporation (Re), 2020 BCLCRB 21 (CanLII)
British Columbia Liquor and Cannabis Regulation Branch
2020-12-18 | 53 pages
contravention — liquor — licensee — minor agent — store clerk
[…] Mr. Toor cited a B.C. Supreme Court decision, Orazio v. Ciulla (1996) 57 WWR 641 (BCSC), for the principle that documents must be served in accordance with the rules. […] I found a decision by this name from 1966 – citation Orazio v. Ciulla 1966 CanLii 430 (BCSC) and nothing in 1996 and concluded this was the case he was referring to. […]
39.
R. v. Gallicano, 1978 CanLII 2483 (BC CA)
Court of Appeal for British Columbia
1978-03-20 | 4 pages | cited by 10 documents
AI-generated
Administrative remedies Criminal or statutory infractions Practice and procedure Sentencing
Criminal law — Sentencing — Criminal Code, R.S.C. 1970, c. C-34, s. 710(b).
Certiorari — Criminal Code, R.S.C. 1970, c. C-34, s. 710.
[…] It was his view that Sanders v. The Queen, [ 1970] 2 C.C.C. 57, 10 D.L.R. (3d) 638, [1970] S.C.R. 109, and s. 710(b) did not apply be cause, at the time of the questioned sentence, the sentencing Judge was completely functus. […] of Code s. 710(b) in the light of the judgment of the Supreme Court of Can- ada in Sanders v. The Queen, supra. I do not find it necessary to determine this case, with its fact pat tern so different from Skied, on whether or not the Provincial Court Judge was in fact functus and his changed sentence was a nullity. […]
40.
R. v. Kreutziger, 1970 CanLII 1012 (BC CA)
Court of Appeal for British Columbia
1970-03-06 | 27 pages | cited by 11 documents
AI-generated
Administrative remedies Criminal or statutory infractions Practice and procedure
Certiorari — Adjournment of trial — Criminal Code, s. 682.
[…] The Crown relied on Sanders v. The Queen, [1970] 2 C.C.C. 57, 10 D.L.R. (3d) 638, [1970] S.C.R. 109, a decision of the Supreme Court of Canada which was handed down after the judgment now appealed from. […] In Sanders v. The Queen, Martland, J., with whom Judson and Ritchie, JJ., concurred, said at p. 87: […]
41.
Re Skied and The Queen, 1975 CanLII 1306 (BC SC)
Supreme Court of British Columbia
1975-04-01 | 2 pages | cited by 3 documents
AI-generated
Administrative remedies Criminal or statutory infractions Practice and procedure
Criminal law — Accused committing sentence — Jurisdiction — Criminal Code, s. 710.
[…] Counsel places reliance upon Sanders v. The Queen, [1970] 2 C.C.C.' 57, 10 D.L.R. (3d) 638, [1970] S.C.R. 109, and R. v. Mearns; R. y Kreutziger, [1970] 5 C.C.C. 226, 73 W.W.R. 435, 447. […] As I interpret the majority reasons in Sanders v. The Queen, the case stands for the proposition that if an accused is properly brought before a Court of competent jurisdiction, pleads and his case is tried on the merits, is convicted and sentenced to a punish ment which can lawfully be imposed, then he cannot move to have […]
42.
Carleton v. British Columbia (Attorney-General), 1982 CanLII 359 (BC CA)
Court of Appeal for British Columbia
1982-11-26 | 8 pages | cited by 11 documents
AI-generated
Administrative remedies Criminal or statutory infractions Practice and procedure
Criminal law — Criminal Code, R.S.C. 1970, c. C-34, ss. 710, 711, 645(4)(a).
[…] In Sanders v. The Queen, 1969 CanLII 47 (SCC) , [1970] 2 C.C.C. 57 at p. 81, 10 D.L.R. (3d) 638, [1970] S.C.R. 109 (S.C.C.) , Martland J. held that a sentence of preventive detention was an order. […] The majority judgment in Sanders v. The Queen outlined in the greatest of detail the effect of Code s. 710(b) and the limitation of the right to certiorari in a case such as this. […]
43.
R. v. Stewart, 1979 CanLII 2989 (BC CA)
Court of Appeal for British Columbia
1979-02-20 | 9 pages | cited by 21 documents
AI-generated
Administrative remedies Criminal or statutory infractions
Criminal law — Procedure — Extraordinary remedies — Certiorari — Criminal Code, R.S.C. 1970, c. C-34, ss. 710, 755.
Certiorari — Availability of remedy — Criminal Code, R.S.C. 1970, c. C-34, ss. 710, 755.
[…] NEMETZ, C.J.B.C.:—I agree that we are now bound by the re strictions imposed upon the availability of certiorari by the inter pretation placed upon s. 710 of the Criminal Code in Sanders v. The Queen, [1970] 2 C.C.C. 57, 10 D.L.R. (3d) 638, [1970] S.C.R. 109, and that therefore our decision in R. v. Vallee, [1969] 3 C.C.C. […] If there was any doubt about what those words meant, it was put to rest by Sanders v. The Queen, [1970] 2 C.C.C. 57, 10 D.L.R. (3d) 638, [1970] S.C.R. 109, where Martland, J., for the majority, said [at p. 82]: […]
44.
R. v. Loos, 1970 CanLII 1023 (BC CA)
Court of Appeal for British Columbia
1970-05-08 | 10 pages | cited by 1 document
AI-generated
Criminal or statutory infractions
Criminal law — Jurisdiction — Dangerous sexual offender — Criminal Code, ss. 659, 661, 662, 667.
[…] jury, and not by a Judge without a jury, had the right to have the proceedings continued — and here what was said by Martland, J. (with whom Fauteux, Abbott, Judson and Ritchie, JJ., concurred), in Sanders v. The Queen, [1970] 2 C.C.C. 57 at p. 80, 10 D.L.R. (3d) 638, [1970] S.C.R. 109, is relied on — before a Magistrate. […] Martland, J., in the course of his judgment in Sanders v. The Queen, [1970] 2 C.C.C. 57, 10 DL.R. (3d) 638, [1970] S.C.R. 109, said at p. 80 after making reference to ss. 661 and 662 of the Code: […]
45.
Korponay v. Kulik, 1980 CanLII 207 (SCC), [1980] 2 SCR 265
Supreme Court of Canada
1980-05-21 | 1 page | cited by 13 documents
AI-generated
Criminal or statutory infractions
Criminal law — Habeas corpus — Jurisdiction — Appellant charged with possession of narcotic
[…] Nolan J.A., who delivered the reasons of the Court of Appeal, stated that “a petition for writ of habeas corpus does not lie in the circumstances of this case: Goldhar v. The Queen, 1960 CanLII 65 (SCC) , [1960] S.C.R. 431 ; In re Richard Darby, 1963 CanLII 36 (SCC) , [1964] S.C.R. 64; Sanders v. The Queen (1920), 1898 […]
46.
Re Communications Workers of Canada and Bell Canada, 1975 CanLII 2281 (FC), [1976] 1 FC 282
Federal Court
1975-10-06 | 11 pages | cited by 17 documents
AI-generated
Labour and employment Practice and procedure
Practice — Canada Labour Code, R.S.C. 1970, c. L-1, ss. 122, 123, 184, 123 — Federal Court Act, ss. 28, 122, Rule 1909.
[…] Sanders v. The Queen [1970] S.C.R. 109; CJTR Radio Trois-Rivières Limitée v. Canada Labour Relations […] In Sanders v. The Queen 2, the circumstances of the case brought it within the application of section 682(b) of the Criminal Code which prevents the removal of the magistrate's order by certiorari. […]
47.
R. v. Eross, 1970 CanLII 1004 (BC CA)
Court of Appeal for British Columbia
1970-02-20 | 2 pages | cited by 10 documents
AI-generated
Administrative remedies Criminal or statutory infractions Practice and procedure
Criminal law — Warrants of committal — Criminal Code, s. 682.
[…] The application of s. 682 to motions by the Crown for certiorari was not dealt with in Sanders v. The Queen which was a case of a person found to be a criminal sexual psychopath who sought habeas corpus with certiorari in aid. […]
48.
Nagel v. The Queen, 2003 TCC 769 (CanLII)
Tax Court of Canada
2003-10-28 | 3 pages | cited by 2 documents
AI-generated
Taxation
Family law — Maintenance — Tax considerations
[…] [4] The present case is not one such as Sanders v. The Queen [3] where the husband was ordered to pay […]
49.
R. v. Adams, 1978 CanLII 2403 (BC CA)
Court of Appeal for British Columbia
1978-12-15 | 16 pages | cited by 26 documents
AI-generated
Criminal or statutory infractions Practice and procedure
Criminal law — Criminal Code, R.S.C. 1970, c. C-34, ss. 457(1), (2), 457.7(1), (2), 457.3(2).
[…] In Sanders v. The Queen, [1970] 2 C.C.C. 57, 10 D.L.R. (3d) 638, 8 C.R.N.S. 345, the Supreme Court of Canada held, however, that this procedure is not available to a convicted person if s. 710 [then s. 682] of the Criminal Code is applicable. […] On the basis, therefore, of Sanders v. The Queen, a person who has been convicted of an offence cannot question his detention by habeas corpus with certiorari in aid if he comes within the ambit of s. 710. […]
50.
Hammer v. Kemmis, 1956 CanLII 250 (BC CA)
Court of Appeal for British Columbia
1956-12-07 | 31 pages | cited by 16 documents
AI-generated
Labour and employment Practice and procedure
Labour law — Trade-unions Act, 1954 (B.C.), c. 17, s. 23.
[…] Essentially this appeal must turn upon the question whether the learned Judge's findings of fact which he relied upon to distinguish this case from Williams v. Aristocratic Restaurants (1947) Ltd., [1951], 3 D.L.R. 769, S.C.R. 762, 101 Can. C.C. 273, and Crofter Hand Woven Harris Tweed Co. v. Veitch, [1942] A.C. 435 […] However in the case at bar the defendants did not restrict their activities to that fair and reasonable argument which was the subject of the appeal in Williams v. Aristocratic Restaurants (1947) Ltd., but have been found liable for those tortious acts which were enjoined as unlawful in Williams v. Aristocratic Restaurants […]
51.
Mostrenko v. Groves, 1953 CanLII 580 (BC SC)
Supreme Court of British Columbia
1953-04-20 | 3 pages | cited by 5 documents
AI-generated
Labour and employment
Labour law — Picketing — Injunction
[…] Whether or not there had been acts by the defen dants going beyond the limits defined in applicable legislation and particularly by the Supreme Court of Canada in Aristocratic Restaurants (1947) Ltd. v. Williams and Morrison [ 1951] SCR 762 (reversing [1950] 2 WWR 1105, at 1120, and restoring [1950] 2 WWR 1105, at 1109) . […] There is no necessity here for me to review the legislation and the reported decisions which make this clear, because the Supreme Court of Canada, in Aristocratic Restaurants (1947) Ltd. v. Williams and Morrison, supra, has done all these things and established the proposition I have stated.* Therefore the members of this […]
52.
Yaskiel v. The Queen, 2005 TCC 780 (CanLII)
Tax Court of Canada
2005-12-08 | 23 pages
AI-generated
Taxation
Income tax — Income calculation — Deductions
[…] expenses were incurred to recover child support payments from Bobbi Jo Wilson. The Order of Justice Margeson stated that payments must be made by the taxpayer to be deductible and, therefore, the fact that the Appellant paid these expenses makes it deductible from his income, and not from Bobbi Jo Wilson's income"[23] […] Based on this decision, the Appellant's representative argued that since the Court "stated that the payments must be made by the taxpayer to be deductible and therefore, the fact that the Appellant paid these expenses makes it deductible from his income and not from Bobbi Jo Wilson's income". [43] As previously noted, there […]
53.
Hammer v. Kemmis, 1956 CanLII 550 (BC SC)
Supreme Court of British Columbia
1956-05-18 | 10 pages | cited by 5 documents
AI-generated
Practice and procedure
Labour law — Torts — Labour Relations Act, RSBC, 1954, ch. 17
[…] The legends displayed by said placards indicating that plain tiffs' bakery was not a closed union shop, were true, and defen dants therefore contend upon the basis of the majority decision of the Supreme Court of Canada in Williams v. Aristocratic Restaurants (1947) Ltd. [1951) SCR 762, that they possessed statutory […] The 'objects and result of the operâtiqn of "information pa- trots"' in the Williams v. Aristocratic Restaurants case,, as above stated, were (a) to - persuade prôspectivé customers riot tô patron ize the employer's restaurants, aid "(b) • to 'persuade job:hunters not to seek employment in Aristocratic restaurants. […]
54.
Canada Deposit Insurance Corp. v. Commonwealth Trust Co., 1992 CanLII 1633 (BC CA)
Court of Appeal for British Columbia
1992-11-06 | 2 pages
AI-generated
Business Practice and procedure
Commercial law — Practice — Appeals
[…] (c)His Lordship had no jurisdiction to order or, alternatively, erred in ordering that the Report of Mr. J.O. Wilson be admitted as evidence at trial. The Decision of May 27, 1991 […]
55.
Ex parte Risby, 1975 CanLII 1301 (BC SC)
Supreme Court of British Columbia
1975-02-10 | 7 pages | cited by 10 documents
AI-generated
Criminal or statutory infractions Sentencing
Criminal law — Extraordinary remedies — Certiorari — Criminal Code, R.S.C. 1970, c. C-34, s. 645(4).
Criminal law — Sentencing — Conviction for more than one year — Criminal Code, R.S.C. 1970, c. C-34, ss. 710, 716.
[…] Finally, in Sanders v. The Queen, [1970] 2 C.C.C. 57, 10 […]
56.
Comstock Midwestern Limited v. Scott, 1953 CanLII 585 (BC SC)
Supreme Court of British Columbia
1953-07-27 | 3 pages | cited by 2 documents
AI-generated
Labour and employment
Injunctions — Interim injunctions — Secondary picketing — illegal strike — Industrial Conciliation and Arbitration Act
[…] It is argued for the defendants that this judgment is inconsist ent with the decision of the Ontario Supreme Court in Canada Dairies Ltd. v. Seggie, 74 CCC 210, [1940] 4 DLR 725, and, al though not mentioned, was in effect reversed by the Supreme Court of Canada in the subsequent case of Aristocratic Restaurants (1947) Ltd. […] There is no nec'= essity here for nie to review the legislation and the reported decisions which made this clear, because the Supreme Court of Canada, in Aristocratic Restaurants (1947) Ltd. v. Williams and Morrison, supra, has done all these things and established the proposition I have stated." […]
57.
R. v. Silbernagel, 2000 BCCA 251 (CanLII)
Court of Appeal for British Columbia
2000-04-03 | 2 pages | cited by 3 documents
AI-generated
Appeal Criminal or statutory infractions Practice and procedure
Criminal law — Motor vehicle offences — Speeding — Appeals — Leave to appeal
[…] In other words, he wants us to hear an appeal on the application of In Re Hansard Spruce Mills Limited (in Bankruptcy) (1954), 1954 CanLII 253 (BC SC) , 13 W.W.R. 285, a judgment of the late Mr. Justice J.O. Wilson, who at that time was still a puisne trial judge and had not come to this court or become Chief Justice of the […]
58.
R. v. Larche, 2006 SCC 56 (CanLII), [2006] 2 SCR 762
Supreme Court of Canada
2006-12-08 | 25 pages | cited by 186 documents
AI-generated
Criminal or statutory infractions Sentencing
Criminal law — Sentencing — Uncharged offences — Criminal Code, R.S.C. 1985, c. C‐46, s. 725(1)(c).
[…] C.C.C. (3d) 189 ; United States of America v. Fordham (2005), 196 C.C.C. (3d) 39, 2005 BCCA 197 ; R. v. Russell, [2001] 2 S.C.R. 804, 2001 SCC 53 ; Sanders v. The Queen, 1969 CanLII 47 (SCC) , [1970] S.C.R. 109 ; Dubois v. The Queen, 1986 CanLII 60 (SCC) , [1986] 1 S.C.R. 366 ; R. v. Mallet, [2000] N.B.J. No. 197 (QL) . […] 70 It seems clear in light of this Court’s decision Sanders v. The Queen , 1969 CanLII 47 (SCC) , [1970] S.C.R. 109, that an appeal is the appropriate procedural vehicle whenever an appeal lies. […]
59.
Comstock Midwestern Ltd. v. Scott et al., 1958 CanLII 803 (BC SC)
Supreme Court of British Columbia
1958-07-27 | 3 pages | cited by 1 document
AI-generated
Labour and employment
Injunctions — Interim injunctions — Illegal strike — 5.eting — Industrial Conciliation and Arbitration Act.
[…] decision of the Ontario Supreme Court in Canada Dairies Ltd. v. Seggie, [1940] 4 D.L.R. 725, 74 Can. C.C. 210, and, although not mentioned, was in effect reversed by the Supreme Court of Canada in the subsequent case of Williams v. Aristocratic Restaurants (1947) Ltd., [1951] , 3 D.L.R. 769, S.C.R. 762, 101 Can. C.C. 273. […] There is no necessity here for me to review the legislation and the reported decisions which make this clear, because the Supreme Court of Canada, in Williams v. Aristocratic Restaurants (1947) Ltd., [1951] , 3 D.L.R. 769; S.C.R. 762, 101 Can. C.C. 273, has done all these things and established the proposition I have […]
60.
MacMillan Bloedel Ltd. v. Simpson, 1993 CanLII 14762 (BC SC)
Supreme Court of British Columbia
1993-10-22 | 7 pages | cited by 8 documents
AI-generated
Criminal or statutory infractions Practice and procedure
Courts — Jurisdiction — Criminal contempt
[…] The confusion seems to be deepening and I therefore conclude that the time has come to follow the advice of a revered predecessor in this office, the late J.O. Wilson, which was to this effect: when there is a threat to the integrity of the court which cannot otherwise be met, the chief justice should climb on his bench and […]
61.
Zeller's (Western) Ltd. v. Retail Food and Drug Clerks Union, Local 1518 (No. 2), 1963 CanLII 481 (BC CA)
Court of Appeal for British Columbia
1963-10-24 | 5 pages | cited by 6 documents
AI-generated
Labour and employment
Labour relations — Picketing on public street
[…] It is clear from Williams et al. v. Aristocratic Restaurants (1947) Ltd., [1951] 3 D.L.R. 769, 101 C.C.C. 273, [1951] S.C.R. 762, that if the pickets had been on a public street the appellants' conduct would not have constituted a nuisance. […] Accordingly, I am of the opinion that Williams v. Aristocratic Restaurants Ltd., establishes that the conduct of the appellants was lawful and did not constitute a nuisance, and accordingly falls within the saving clause of the injunction. […]
62.
Westburne Industrial Enterprises Ltd. v. Labour Relations Board et al., 1973 CanLII 2458 (BC SC)
Supreme Court of British Columbia
1973-08-30 | 8 pages | cited by 2 documents
AI-generated
Administrative remedies Labour and employment Practice and procedure
Labour relations — Certification — Labour Relations Act, R.S.B.C. 1960, c. 205.
[…] The same does not hold true in criminal cases: see s. 710 (b) of the Criminal Code, R.S.C. 1970, c. C-34, and Sanders v. The Queen, [1970] S.C.R. 109, 71 W.W.R. 4, 8 C.R.N.S. 345, [1970] 2 C.C.C. 57,' 10 D.L.R. (3d) 638. […]
63.
Regina v. Galbraith, 1971 CanLII 1172 (BC CA)
Court of Appeal for British Columbia
1971-10-27 | 7 pages | cited by 3 documents
AI-generated
Criminal or statutory infractions Practice and procedure
Criminal law — Dangerous sexual offender — Procedure — Cr. Code, ss. 659, 660, 662, 667.
[…] The majority of this Court has expressed this opinion in Sanders v. The Queen, [1970] 2 C.C.C. 57 at p. 79, 10 D.L.R. (3d) 638 at p. 661, [1970] S.C.R. 109. […]
64.
R. v. Galbraith, 1971 CanLII 1412 (BC CA)
Court of Appeal for British Columbia
1971-10-27 | 7 pages | cited by 2 documents
AI-generated
Criminal or statutory infractions Practice and procedure
Criminal law — Appeals — Summary convictions — Cr. Code, ss. 659, 660, 667, 688.
[…] The majority of this Court have expressed this opinion in Sanders v. The Queen, [1970] S.C.R. 109 at 138, 71 W.W.R. 4, 8 C.R.N.S. 345, [1970] 2 C.C.C. 57, 10 D.L.R. (3d) 638. […]
65.
R. v. M.J., 1982 CanLII 351 (BC CA)
Court of Appeal for British Columbia
1982-05-13 | 27 pages | cited by 4 documents
AI-generated
Administrative remedies Criminal or statutory infractions Practice and procedure
Criminal law — Juveniles — Habeas corpus — Jurisdiction of Juvenile Delinquents
[…] In my opinion, a petition for a writ of habeas corpus does not lie in the circumstances of this case: Goldhar v. The Queen (1960), 1960 CanLII 65 (SCC) , 126 C.C.C. 337, 25 D.L.R. (2d) 401, [1960] S.C.R. 431 ; Re Darby, 1963 CanLII 36 (SCC) , [1964] S.C.R. 64; Sanders v. The Queen, 1969 CanLII 47 (SCC) , [1970] 2 C.C.C. 57, […] [76] In view of Sanders v. The Queen , 1969 CanLII 47 (SCC) , [1970] 2 C.C.C. 57, 10 D.L.R. (3d) 638, [1970] S.C.R. 109, counsel for M.J. did not seek to complicate this matter further by bringing certiorari in aid. […]
66.
Gagnon et al. v. Foundation Maritime Ltd., 1961 CanLII 69 (SCC), [1961] SCR 435
Supreme Court of Canada
1961-04-25 | 37 pages | cited by 81 documents
AI-generated
Labour and employment
Labour law — Labour Relations Act, R.S.N.B. 1952, c. 124, ss. 22(1), 23.
[…] Lumley v. Gye (1853), 2 E. & B. 216; Quinn v. Leathern, [1901] A.C. 495 ; Lyons v. Wilkins, [1899] 1 Ch. 255 , referred to; Williams v. Aristocratic Restaurants (1947) Ltd., 1951 CanLII 24 (SCC) , [1951] S.C.R. 762, distinguished . […] There was at the time in question no statute in New Brunswick such as the Trade-unions Act, R.S.B.C. 1948, c. 342, which was considered in the decision of this Court in Williams v. Aristocratic Restaurants (1947) Ltd.6 In that case the trade union had been certified as the bargaining authority for the employees of one of […]
67.
Canada Deposit Insurance Corp. (Trustee of), 1991 CanLII 664 (BC SC)
Supreme Court of British Columbia
1991-11-27 | 6 pages
AI-generated
Business Practice and procedure
Commercial law — Corporations — Winding-up
[…] 3.Report of Mr. J.O. Wilson, who was appointed by the court subject to the approval of 75 per cent of the shareholders, to act as chairman of a meeting of creditors. […]
68.
Newson v. Newson, 1998 CanLII 6440 (BC CA)
Court of Appeal for British Columbia
1998-12-14 | 6 pages | cited by 181 documents
AI-generated
Appeal Family Practice and procedure Support and maintenance
Family law — Children — Maintenance
[…] [14] It is doubly undesirable on an interim application to lay down general principles of law in light of what was stated by the late Mr. Justice J.O. Wilson (as he then was) in Re Hansard Spruce Mills Ltd. (1954), 1954 CanLII 253 (BC SC) , 13 W.W.R. 285 (B.C.S.C.) at 286: […]
69.
Therien v. International Brotherhood of Teamsters, etc., Local No. 213 (No. 2), 1958 CanLII 224 (BC CA)
Court of Appeal for British Columbia
1958-09-09 | 45 pages | cited by 37 documents
AI-generated
Labour and employment
Labour law — Trade unions
[…] Under the collective agreement Therien would be permitted to drive the truck if union drivers were not available : vide Williams et al. v. Aristocratic Restaurants (1947) Ltd., [1951], 3 D.L.R. 769 at p. 787, S.C.R. 762 at p. 782, 101 Can. C.C. 273 at p. 293, per Kerwin J. On that ground the plaintiff must also fail. […] Williams v. Aristocratic Restaurants, supra, may also be referred to for a discussion of what constitutes coercion and intimidation for the purposes of s. 3 of the Trade-unions Act, R.S.B.C. 1948, e. 342. […]
70.
R. v. Gamble, 1988 CanLII 15 (SCC), [1988] 2 SCR 595
Supreme Court of Canada
1988-12-08 | 61 pages | cited by 384 documents
AI-generated
Constitution Criminal or statutory infractions Practice and procedure Rights and freedoms Sentencing
Constitutional law — Charter of Rights — Fundamental justice — Sentencing — Parole ineligibility — Canadian Charter of Rights and Freedoms, s. 7 — Criminal Law Amendment Act (No. 2), 1976, S.C. 1974‐75‐76, c. 105, ss. 4, 5, 21, 27.
Constitutional law — Charter of Rights — Remedies — Courts — Jurisdiction — Canadian Charter of Rights and Freedoms, s. 24(1) — Criminal Law Amendment Act (No. 2), 1976, S.C. 1974‐75‐76, c. 105, ss. 4, 5, 21, 27.
[…] , [1932] 3 W.W.R. 76 ; Laflamme v. Renaud (1945), 1945 CanLII 408 (QC CS) , 84 C.C.C. 153 ; R. v. Rahey, 1987 CanLII 52 (SCC) , [1987] 1 S.C.R. 588 ; Sanders v. The Queen, 1969 CanLII 47 (SCC) , [1970] S.C.R. 109 ; Antares Shipping Corp. v. The Ship "Capricorn", 1976 CanLII 5 (SCC) , [1977] 2 S.C.R. 422 ; Re Krakowski […] In this context I find the following formulation offered in dissent by Cartwright C.J. in Sanders v. The Queen , 1969 CanLII 47 (SCC) , [1970] S.C.R. 109, at p. 126, very helpful: […]
71.
Canada Deposit Insurance Corp. v. Commonwealth Trust Co. (Liquidator of), 1993 CanLII 1230 (BC CA)
Court of Appeal for British Columbia
1993-09-07 | 50 pages | cited by 8 documents
AI-generated
Business
Commercial law — Corporations — Winding-up — Practice — Trials
[…] 3.Report of Mr. J.O. Wilson, who was appointed by the court subject to the approval of 75 per cent of the shareholders, to act as chairman of a meeting of creditors. […] J.O. Wilson, of course, had recently retired as Chief Justice of the Supreme Court of British Columbia. […]
72.
R. v. Tsim, 2004 BCPC 215 (CanLII)
Provincial Court of British Columbia
2004-05-28 | 8 pages
AI-generated
Criminal or statutory infractions Motor vehicles
Criminal law — Motor vehicle offences — Driving while disqualified or prohibited — Courts — Authority of decisions
[…] Justice J.O. Wilson set out the principles trial judges should endeavour to follow when coming to their decisions. […]
73.
E. J. Butler & Company Ltd. v. United Brotherhood of Carpenters and Joiners of America, Local 1598, 1973 CanLII 1620 (BC SC)
Supreme Court of British Columbia
1973-03-28 | 4 pages | cited by 2 documents
AI-generated
Labour and employment
Labour relations — Picketing — Secondary picketing — The Trade-unions Act, R.S. 1960, c. 384, s. 3(1), (2).
[…] reasons set out in Williams v. Aristocrat Restaurants (1947) Ltd., [1951] S.C.R. 762, 101 C.C.C. 273, [1951] 3 D.L.R. 769, not applicable. […]
74.
Refrigeration Workers' Union, Local 516 v. Labour Relations Board of British Columbia, 1985 CanLII 706 (BC SC)
Supreme Court of British Columbia
1985-12-09 | 9 pages | cited by 1 document
AI-generated
Labour and employment
Labour law — Labour Relations Boards — Judicial review — Administrative law — Natural justice
[…] Such an interest would be "considered in the same light as if the judge himself were a shareholder": see Judges on Trial, 1976, by Dr. Shimon Shetreet, cited with approval by the late, the Honourable J.O. Wilson, in A Book for Judges, 1980. I think the analogy is apt and that the appearance of bias is no less where the […]
75.
Pitt v. Warden of Mountain Institution, 1990 CanLII 651 (BC SC)
Supreme Court of British Columbia
1990-10-31 | 15 pages
AI-generated
Constitution Criminal or statutory infractions Practice and procedure Rights and freedoms Sentencing
Criminal law — Sexual offences — Sexual intercourse with female under 14 — Charter of Rights — Section 7
[…] He cited Goldhar No. 2, supra; s. 776 of the Criminal Code , R.S.C. 1985, c. C-34 ; Sanders v. The Queen, 1969 CanLII 47 (SCC) , [1970] S.C.R. 109; and Zamai v. R. (1981), 1981 CanLII 4962 (BC SC) , 24 C.R. (3d) 33 (B.C.S.C.) Hinds J., as he then was, at 38-39 and 41-43; (upheld B.C.C.A. October 27, 1983, unreported). […]
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