Stewart V Pettie
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Stewart V Pettie
''Stewart v Pettie'', 9951 SCR 131 is a leading decision of the Supreme Court of Canada on the duty of care owed by commercial establishments serving liquor. Background In December 1985, two couples, Gillian and Keith Stewart and Stuart and Shelley Pettie, went to a dinner theatre in Edmonton. At dinner Stuart was served a number of rum-and-cokes but showed no signs of intoxication. Afterwards the four discussed who should drive and Stuart insisted he was fit to drive, and so they agreed to let him drive. On the way back Stuart got them in an accident. Among the injuries, Gillian was rendered quadriplegic. At trial the judge found that the dinner theatre could not have been aware of Stuart's degree of intoxication and did not impose liability based solely on the number of drinks served. On appeal the Court of Appeal overturned the decision and allocated 10% liability to the theatre. The Supreme Court held that the Mayfield investments (owners of the theatre) did not breach the duty ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada ( English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon th ...
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Duty Of Care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. ...
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Dinner Theatre
Dinner theater (sometimes called dinner and a show) is a form of entertainment that combines a restaurant meal with a staged play or musical. "Dinner and a show" can also refer to a restaurant meal in combination with live concert music, where patrons listen to a performance during a break in the meal. In the case of a theatrical performance, sometimes the play is incidental entertainment, secondary to the meal. In the style of a night club, the play may be the main feature of the evening, with dinner less important or optional. Dinner theater requires the management of three distinct entities: a live theater, a restaurant and, usually, a bar. History The Madrigal dinners in the Renaissance were early forms of dinner theater. Some early dinner theaters, known as "theatre restaurants", served dinner in one room and staged the play in another.Lynk, p. 18 Notable venues in the United States Barksdale Theatre Barksdale Theatre in Richmond, Virginia, founded in 1953 by David and Nanc ...
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Crocker V
Crocker is an archaic synonym of potter. People and fictional characters * Crocker (name) Places Malaysia * Crocker Range of mountains in Borneo ** Crocker Range National Park United Kingdom *Crocker End, hamlet in Oxfordshire, England United States *Crocker, Indiana, unincorporated community *Crocker, Iowa, unincorporated community *Crocker, Missouri, city *Crocker, South Dakota, census-designated place *Crocker, Washington, census designated place *Crocker-Amazon, San Francisco, California, neighborhood * Crocker Art Museum in Sacramento, California *Crocker Highlands, Oakland, California, neighborhood ** Crocker Highlands Elementary School * Crocker Mountain (Maine) Business *Betty Crocker, brand name owned by General Mills *Crocker & Brewster, U.S. publisher based in Boston (1818–76) *Crocker Motorcycles, U.S. motorcycle manufacturer * Crocker National Bank, U.S. bank bought by Wells Fargo Other *Crocker (sport) Crocker (sometimes spelled ''Croccer'') is a team ...
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Jordan House Ltd
Jordan ( ar, الأردن; Romanization of Arabic, tr. ' ), officially the Hashemite Kingdom of Jordan,; Romanization of Arabic, tr. ' is a country in Western Asia. It is situated at the crossroads of Asia, Africa, and Europe, within the Levant region, on the Transjordan (region), East Bank of the Jordan River. Jordan is bordered by Saudi Arabia to the south and east, Iraq to the northeast, Syria to the north, and the State of Palestine, Palestinian West Bank, Israel, and the Dead Sea to the west. It has a coastline in its southwest on the Gulf of Aqaba's Red Sea, which separates Jordan from Egypt. Amman is Jordan's capital and largest city, as well as its economic, political, and cultural centre. Modern-day Jordan has been inhabited by humans since the Paleolithic period. Three stable kingdoms emerged there at the end of the Bronze Age: Ammon, Moab and Edom. In the third century BC, the Arab Nabataeans established their Nabataean Kingdom, Kingdom with Petra as the capital. La ...
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Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: '' ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be '' ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply '' dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, '' ...
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Jordan House Hotel Ltd V Menow
''Jordan House Hotel Ltd v Menow'' (1973) is a landmark decision of the Supreme Court of Canada on the commercial host liability where the Court held that a bar owner has a duty to reasonably ensure their intoxicated patrons are able to make it home safely. Menow had a reputation of behaving badly and was banned from the Jordan House Hotel for drunken behavior. Eventually he was allowed back and was allowed to be served alcohol on the condition that he be escorted by a responsible adult. On a later night he went to the hotel bar but was abandoned by his escort for three hours while he was served drinks. He became extremely intoxicated and began to harass other patrons. Menow was soon ejected from the hotel bar and started to make his way home down a highway but was hit by a car. Menow brought an action against the hotel in tort for violating their duty of care by serving him alcohol and not ensuring he was safe when he left the hotel. At trial, the court held that the hotel viola ...
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Childs V Desormeaux
''Childs v Desormeaux'', is a Supreme Court of Canada decision on the topic of social host liability. The Court held that a social host does not owe a duty of care to a person injured by a guest who has consumed alcohol. Background Julie Zimmerman and Dwight Courrier hosted a New Year's pot-luck dinner to which guests were to bring their own alcohol. Desmond Desormeaux, a guest at the party and long-time heavy drinker, drank approximately 12 beers in over 2 and a half hours that evening. According to the version of events accepted by both sides, the hosts did not monitor his drinking more closely than the drinking of the other guests. Desormeaux drove home after a brief conversation with Courrier, who asked him, "Bro, are you going to be all right?". On the way home, he was involved in a car crash, paralyzing the passenger Zoë Childs and killing another passenger, Derek Dupre. Finding liability in this case would mean recognizing a new duty of care. To determine whether or not s ...
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List Of Supreme Court Of Canada Cases (Lamer Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from appointment of Antonio Lamer as Chief Justice of Canada The chief justice of Canada (french: juge en chef du Canada) is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court sy ... to his retirement. 19901994 19951999 See also * List of notable Canadian Courts of Appeals cases {{Supreme Court of Canada (1990-2000) ...
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Canadian Tort Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from th ...
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1995 In Canadian Case Law
File:1995 Events Collage V2.png, From left, clockwise: O.J. Simpson is acquitted of the murders of Nicole Brown Simpson and Ronald Goldman from the year prior in "The Trial of the Century" in the United States; The Great Hanshin earthquake strikes Kobe, Japan, killing 5,000-6,000 people; The Unabomber Manifesto is published in several U.S. newspapers; Gravestones mark the victims of the Srebrenica massacre near the end of the Bosnian War; Windows 95 is launched by Microsoft for PC; The first exoplanet, 51 Pegasi b, is discovered; Space Shuttle Atlantis docks with the Space station Mir in a display of U.S.-Russian cooperation; The Alfred P. Murrah Federal Building in Oklahoma City is bombed by domestic terrorists, killing 168., 300x300px, thumb rect 0 0 200 200 O. J. Simpson murder case rect 200 0 400 200 Kobe earthquake rect 400 0 600 200 Unabomber Manifesto rect 0 200 300 400 Oklahoma City bombing rect 300 200 600 400 Srebrenica massacre rect 0 400 200 600 Spac ...
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