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16 Jan 2011, 7:39 am by Adam Baker
Martel Building Ltd. v Canada, [1997] 129 FTR 249 (FCTD), revd [1998] 163 DLR (4th) 504 (FCA), leave to appeal refused, 2000 SCC 60, [2000] 2 SCR 860, online: LexUM http://scc.lexum.org/en/2000/2000scc60/2000scc60.html Facts Note: This case deals with the possibility of a tort action in negligence for breach of a duty of care during negotiation of a contract (specifically during the solicitation and evaluation of tendered bids). [read post]
17 Jun 2021, 2:02 pm
  The typical upsides and downsides of living in California are well-known; for the former, awesome weather, great beaches, cool citizenry (for the most part), etc., and high housing costs and tax rates (inter alia) for the latter.But what I really felt strongly when I read today's opinion -- which is by no means an exceptional or unusual one, I might add -- was just how much I like living in a state that has a supreme court like ours. [read post]
4 Feb 2011, 7:48 am by Adam Baker
Turning to the second question Binnie J reviewed what was then the leading Canadian case on fundamental breach: Hunter Engineering Co. v Syncrude Canada Ltd. [1989] 1 SCR 426. [read post]
2 Mar 2011, 5:10 am by Brian A. Comer
I am told that at the hearing, it was stated that the Branham case stood for the principle that if the Legislature did not actively renew a statue after a number of years, the Supreme Court felt it was empowered to overturn statutory authority and to adopt a rule of law directly contrary to the statute. [read post]
4 Jun 2012, 6:00 am by Jeff Lorenzo
The district court agreed with the State's contention, but felt bound to rule otherwise in light of a case decided in 1980 by this court. [read post]
30 Jun 2016, 9:01 pm by John Dean
While there is a so-called “political question” doctrine, first established in Luther v. [read post]