Does the Court of Appeal have any authority or authority to hold a licensee responsible for an offence committed by someone else?
British Columbia, Canada
The following excerpt is from SK Mushroom Farm Ltd. v. British Columbia (Mushroom Marketing Board), 1998 CanLII 5853 (BC CA):
[29] Nevertheless, he accepted the authority of decisions such as that of Lord Alverstone C.J. in Emery v. Nolloth, [1903] 2 K.B. 264 as establishing the principle that "if the licensee delegated his authority to someone else, delegating his own "power to prevent," and the person left in charge commits the offence, the licensee is responsible". He also accepted the binding authority of the reasoning in Winson, supra. Bristow J. was clear that "[i]f on the other hand there has been no delegation of authority and the licensee is himself controlling the business and the offence is committed by his servant behind his back and against his orders, then he is not responsible."
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Court have any authority or authority to dismiss an appeal by property owners who have failed to set the one-month deadline for setting the appeal for hearing? (British Columbia, Canada)
Does the Court of Appeal have any authority or authority to compel the Minister of Employment and Immigration to attend an oral hearing? (British Columbia, Canada)
Does the Court of Appeal have any authority or authority to overturn a conviction or sentence? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
Does the Court of Appeal have any authority or authority to make disclosure of the risks of surgery in a medical malpractice case? (British Columbia, Canada)
Does the Court of Appeal have any authority or authority to interfere with findings of fact or credibility? (British Columbia, Canada)
Does the Court of Appeal have any authority or authority to hold an oral hearing? (British Columbia, Canada)
Does the Court of Appeal have any authority or authority to interpret a document that states that a debt is enforceable? (British Columbia, Canada)
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
