Posts tagged with: "12"
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31 Aug 2012, 1:05 pm by emagraken
Earlier this week I wrote about Practice Direction 36 allowing parties to opt out of Trial Management Conferences in certain circumstances.  This has now been repealed and replaced with Practice Direction 37 which allows for the same result but has created timelines into when such applications can be brought. [read post]
31 Aug 2012, 1:05 pm by emagraken
Earlier this week I wrote about Practice Direction 36 allowing parties to opt out of Trial Management Conferences in certain circumstances.  This has now been repealed and replaced with Practice Direction 37 which allows for the same result but has created timelines into when such applications can be brought. [read post]
26 Apr 2012, 1:28 pm by emagraken
The BC Supreme Court released Practice Direction 34, effective April 25, 2012, clarifying the matters in which a Master does and does not have jurisdiction. The most notable change relates to granting Masters authority to preside over Trial Management Conferences which is consistent with a recent amendment, also in force on April 25, 2012, to Rule 12-2(2). [read post]
23 Nov 2012, 5:43 am by Lewis Gainor
A person who is found guilty of a misdemeanor can have his record expunged in most circumstances. Most misdemeanors allow the court to impose a term of supervision if the defendant has no criminal history. Supervision is not a conviction, and it can be expunged. A conviction, however, cannot be expunged. It can only be sealed. Misdemeanor convictions can be sealed, but not felonies. But there are misdemeanor convictions that the legislature in Springfield has excluded from sealing all together. Our… [read post]
28 Feb 2012, 7:28 am by emagraken
Rule 12-6(5) imposes a 7 day deadline in which to dispute a jury notice. As previously discussed, the former rules of Court permitted parties to get away from this time limit by applying to strike a jury at a pre-trial conference.  With the overhaul of the civil rules does this exception still apply?  Reasons for judgement were released yesterday by the BC Supreme Court, Vancouver Registry, finding that it does. In yesterday’s case (Cliff v. Dahl) the Plaintiff was ‘severely injured‘ in a… [read post]
17 Oct 2012, 8:41 am by Jay Eng
Today, attorneys at the Securities and Exchange Commission filed a securities fraud complaint against Yorkville Advisors, LLC, Mark Angelo, Edward Schinik alleging securities fraud. The complaint alleges, among other things, that From at least 2008, Defendants engaged in a fraudulent scheme pursuant to which they reported false and inflated values for certain convertible debentures, convertible [...] [read post]
28 Aug 2012, 11:10 am by emagraken
(UPDATE - August 31, 2012 - PD 36 has been repealed and replaced with PD 37) Addressing concerns that mandatory Trial Management Conferences add unnecessary time and expense to litigation, Practice Direction 36 comes into force on September 4 which will allow parties to BC Supreme Court Civil and Family matters to apply to waive TMC’s. The waiver of TMC’s is limited to Vancouver Registry trials 9 days or less in duration with no self-represented litigants involved.  Hopefully this directive… [read post]
10 Jul 2012, 3:01 pm by D. Daxton White
Have you suffered losses investing in the Thompson National Properties 12 Percent Notes Program (otherwise known as TNP 12 Percent Notes)?  Are you concerned about what the recent announcement that TNP 12 Percent Notes has suspended interest payments might mean for the value of your investment?  If so, the securities attorneys of The White Law Group may be able to help. Thompson National Properties 12 Percent Notes program was designed to raise capital for the operations of Thompson National… [read post]
10 Jul 2012, 3:01 pm by D. Daxton White
Have you suffered losses investing in the Thompson National Properties 12 Percent Notes Program (otherwise known as TNP 12 Percent Notes)?  Are you concerned about what the recent announcement that TNP 12 Percent Notes has suspended interest payments might mean for the value of your investment?  If so, the securities attorneys of The White Law Group may be able to help. Thompson National Properties 12 Percent Notes program was designed to raise capital for the operations of Thompson National… [read post]
5 May 2011, 6:36 am by emagraken
Further to my recent post on this topic, the law regarding the Affidavit Prohibition at Case Planning Conferences and Trial Management Conferences appears to be taking shape.  Useful reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, taking a common sense approach to this prohibition. In this week’s case (Enns v. Cahan) the Plaintiff sued for damages under the Family Compensation Act.  A trial management conference was held and the Defendant brought… [read post]
11 May 2012, 10:28 am by emagraken
One of the changes in the new BC Supreme Court Civil Rules is the requirement for parties to produce a list of witnesses in their trial brief to be exchanged 7 days prior to a Trial Management Conference. In addition to this Rule 12-5(28) prohibits a party from calling a witness who was not listed “unless the court orders otherwise“.  The first reasons for judgement that I’m aware of addressing this subrule were recently shared with me. In the unreported case (Topkins v. Bruce) the Defendant… [read post]
3 Apr 2012, 8:00 am by emagraken
Rule 12-5(67) allows the BC Supreme Court to order that one issue “be tried and determined before the others“. In the personal injury context, where fault is contested, it is not unusual for a Court to agree to determine the issue of fault before valuing the case.  The reason being that if a Defendant is found faultless splitting the issues can save both parties the substantial costs associated with proving the value of the claim. Interestingly, reasons for judgement were released yesterday… [read post]
26 Sep 2013, 11:04 am by Lewis Gainor
Drive a vehicle illegally on Illinois roads, and you might not take the vehicle home with you. An obscure law in this state allows the police to seize the vehicle and sell it. And in situations where someone other than the owner was driving, those vehicles can be seized and sold over the owner’s objection. The process is called an Article 36 seizure. Most vehicle owners become aware of it when they attempt to pay an administrative towing fee at the police station and are told that the vehicle… [read post]
12 Nov 2013, 7:16 am by emagraken
Rule 12-2(9) provides the Court with broad jurisdiction to make orders at a Trial Management Conference.  Reasons for judgment were released last week by the BC Supreme Court, New Westminster Registry, confirming this power includes the ability to determine the admissibility of expert reports ahead of trial. In the recent case (Tran v. Cordero ) the Defendant raised an admissibility concern regarding the Plaintiff’s expert report alleging bias.  The Defendant argued that… [read post]
24 May 2012, 12:48 pm by emagraken
Reasons for judgement were released today by the BC Supreme Court, Penticton Registry, confirming that a Trial Date needs to be fixed before the Court has the authority to conduct a Trial Management Conference. In today’s case (Landis v. Witmar Holdings Ltd.) the Claimant unilaterally set down a Trial Management Conference before a trial date was secured.  The Respondent argued that the conference was a nullity in these circumstances.  Mr. Justice Punnett agreed and in doing so provided the… [read post]
4 Dec 2013, 10:43 am by D. Daxton White
2013 has been a tough year for Tony Thompson and many who purchased investments offered by the real estate investment firm, Thompson National Properties (TNP). To kick off the year, investors in TNP Strategic Realty Trusts were informed that monthly dividends would be cut from monthly payments to quarterly payments. This followed TNP’s default on interest payments to investors in various TNP Notes. The 2012 default gave rise to an investigation and complaint filed in 2013 by the Financial… [read post]
22 Mar 2013, 8:08 am by emagraken
Last year I discussed the fact that the BC Supreme Court can deal with Jury Strike applications both under Rule 12-6(5) and also as part of the trial management process.  Reasons for judgement were released last week by the BC Court of Appeal (Wallman v. Gill) addressing this reality but also providing comments on the limits of when the trial management process is an appropriate forum for such an application.   The Court provided the following… [read post]
13 Mar 2013, 5:14 am by D. Daxton White
According to reports, FINRA is investigating Tony Thompson and his broker-dealer, TNP Securities LLC, for failing to turn over documents to FINRA.  By failing to turn over documents to FINRA, Mr. Thompson allegedly violated industry rules that require firms and individuals to produce information upon request. Mr. Thompson’s FINRA Broker Report also indicates that he also allegedly broke rules requiring high standards of commercial conduct and fair principles of trade. This isn’t the… [read post]
16 Apr 2012, 7:51 am by emagraken
Reasons for judgement were released recently by the BC Supreme Court, Vancouver Registry, (Hou v. McMath) refusing to sever liability from quantum in a personal injury trial where the Defendant not only disputed fault but also took the position that “no compensable injury” occurred. Interestingly the Court did go on to proceed on the issue of ‘fault’ without making a formal negligence finding.  In doing so Madam Justice Kloegman provided the following reasons: [2] Both parties desired to… [read post]
6 Jan 2014, 8:40 am by emagraken
Reasons for judgement were released recently by the BC Supreme Court, Vancouver Registry, addressing a jury strike application in a paraplegia injury claim. In the recent case (Laktin v. Vancouver (City)) the Defendants “were responding to a call that the Plaintiff might be suicidal” when one of the Defendant police officers “shot the plaintiff, rendering him paraplegic“. The Plaintiff sued for damages and elected trial by Jury.  The Defendants brought an application to… [read post]