Supreme Court of Canada

R. v. Philips Electronics Ltd., [1981] 2 S.C.R. 264

Date: 1981-11-24

Her Majesty The Queen (Plaintiff) Appellant;

and

Philips Electronics Ltd. Philips Electronique Ltée (Defendant) Respondent.

1981: November 24.

Present: Laskin C.J. and Martland, Dickson, Beetz, Mclntyre, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Criminal law—Trade offences—Resale price maintenance—Whether or not the respondent attempted to influence upward or to discourage the reduction of price by an agreement, threat, promise or any like means—Whether or not advertisement included within the purview of “any like means”—Crown’s case not proved—Combines Investigation Act, R.S.C. 1970, c. C-23, s. 38(1)(a) [re-en. 1974-75-76, c. 76, s. 18(1)].

APPEAL from a judgment of the Court of Appeal for Ontario[^1], dismissing the appellant’s appeal from the respondent’s acquittal by Rogers J. on two counts of resale price maintenance. Appeal dismissed.

Douglas Rutherford, Q.C., and W.J. Manuel, for the appellant.

P.Y. Atkinson and F.D. Cass, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you, Mr. Atkinson and Mr. Cass. We are all of the opinion that no reason has been shown to differ from the conclusion reached in the majority judgment of the Ontario Court of Appeal. This appeal is accordingly dismissed.

Judgment accordingly.

Solicitor for the appellant: R. Tassé, Ottawa.

Solicitors for the respondent: Aird & Berlis, Toronto.

[^1]: (1980), 1980 1809 (ON CA), 30 O.R. (2d) 129.