R. v. K Mart Canada Ltd., (1979) 24 A.R. 505 (QB)

• Judge: Moore, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 18, 1979
• Citations: (1979), 24 A.R. 505 (QB)

R. v. K Mart Can. Ltd. (1979), 24 A.R. 505 (QB)

MLB headnote and full text

R. v. K Mart Canada Ltd.

(142208)

Indexed As: R. v. K Mart Canada Ltd.

Alberta Court of Queen's Bench

Judicial District of Calgary

Moore, J.

December 18, 1979.

Summary:

This headnote contains no summary.

Trade Regulation - Topic 4306

Retailers, licensing and regulation - Advertising - Misleading advertising - What constitutes - The accused was charged with misleading advertising under s. 36(1) of the Combines Investigation Act, R.S.C. 1970, c. C-23 - The accused had an in-store display indicating that customers would receive a roll of film "free of charge" when a film was brought in for developing and printing - A customer who did not wish to take the free roll of film, had the amount of $1.59 deducted from the developing cost - The accused was acquitted at trial and the Crown appealed by way of stated case - The Alberta Court of Queen's Bench allowed the appeal and referred the case back to the trial judge for sentencing - The court held that the trial judge erred in the interpretation of the words "free of charge" - The court stated that there was a cost of $1.59 when a customer took an additional film and this made the statement misleading - See paragraphs 12 to 15.

Criminal Law - Topic 7501

Summary conviction proceedings - Appeal by way of stated case - When available - What constitutes a "point or question of law" - The Alberta Court of Queen's Bench held that the trial judge's misinterpretation of the words "free of charge" constituted an error in law - See paragraph 15.

Words and Phrases

Free of charge - The Alberta Court of Queen's Bench discussed the meaning of the phrase "free of charge" for the purpose of the Combines Investigation Act, R.S.C. 1970, c. C-23, s. 36(1) - See paragraphs 12 to 15.

Cases Noticed:

Ciglen v. The Queen, 11 D.L.R.(3d) 1, consd. [para. 4].

R. v. Imperial Tobacco Products Limited, [1971] 5 W.W.R. 409, consd. [para. 9].

Alberta Giftwares Ltd. v. The Queen, [1973] S.C.R. 584, consd. [para. 10].

  R. v. G. Tamblyn Ltd., 6 C.C.C.(2d) 471, consd. [para. 16].

Statutes Noticed:

Combines Investigation Act, R.S.C. 1970, c. C-23, sect. 36(1) [para. 1]; sect. 36(4) [para. 8].

Authors and Works Noticed:

Shorter Oxford Dictionary [para. 14].

Counsel:

Ingrid Hutton, for the appellant;

F.W.T. Somerville, for the respondent.

This case was heard before MOORE, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary.

The judgment of MOORE, J., was delivered on December 18, 1979.