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13 Feb 2023, 9:59 am
§ 29-28(b) (2021). 2123. [read post]
6 Feb 2023, 4:31 am
Consider, for example, this post about a case ordering a compelled buyout of the complaining shareholder (Zulkofske v Zulkofske, 2012 NY Slip Op 51210(U) [Suffolk Co., 2012]), or this post about a case finding money damages sufficient to remedy the oppressive conduct (Hammad v Jamal Kamal Corp., 68 Misc 3d 1227(A) [Queens Co., 2020]). [read post]
8 Jan 2023, 12:51 am
And in a very thin week… Scotland, religious harassment and football again Last year, we noted the case of Mr P McCue v Civil Nuclear Police Authority [2022] UKET 2415411/2021, in which an Employment Tribunal found that Sergeant Paul McCue had been subjected to religious harassment while working in the Civil Nuclear Constabulary unit at Hunterston B nuclear power station. [read post]
2 Jan 2023, 3:30 am
” David B. [read post]
2 Jan 2023, 1:00 am
What have Samuel Beckett, James Joyce, George B Shaw, and William B Yeats in common? [read post]
30 Dec 2022, 10:32 am
Cases such as R v Nygaard, 1989 CanLII 6 (SCC), [1989] 2 SCR 1074, R v Jacquard, 1997 CanLII 374 (SCC), [1997] 1 SCR 314, and R v More, 1963 CanLII 805 (MBCA) have helped us establish notions of what “planned and deliberate” murder entails. [read post]
12 Dec 2022, 7:23 am
The Claimant alleges that the Proposed Disclosure would be (a) a breach of contract; (b) a breach of confidence and/or misuse of private information; and (c) a breach of the Claimant’s data protection rights under GDPR and Data Protection Act 2018. [read post]
10 Dec 2022, 9:53 am
In Blair v. [read post]
8 Dec 2022, 6:06 am
” (See Prosecutor v Karadzić (Decision) 16 May 1995 (ICTY Trial Chamber) paras 23-24.) [read post]
2 Dec 2022, 1:57 pm
As discussed in The Queen v Ancio, 1984 CanLII 69 (SCC); [1984] 1 SCR 225, “a basic element of the offence of attempt is the attempt to commit the desired offence. [read post]
21 Nov 2022, 11:40 am
The Fuzzy-Animal Exclusion Texas authorities have concluded that slot machines or eight-liners are considered lottery, specifically in Queen v. [read post]
3 Nov 2022, 10:23 am
Some examples of public places that the courts have considered include: Motor vehicle (this can depend on its parking spot – see: Hutt v The Queen, 1978 CanLII 190 (SCC), [1978] 2 SCR 476) Parks Swimming pools Recreation centers Beaches Hiking trails Common areas of apartment buildings and condominiums Public transit Schools, school grounds and campuses Parking lots Movie theatres Concerts Sporting events Conversely, the courts have also contemplated what doesn’t… [read post]
3 Nov 2022, 4:00 am
The Queen, 2022 TCC 39 (Federal Tax Court) at paragraph 16. [read post]
14 Oct 2022, 5:32 am
” Wolston v. [read post]
13 Oct 2022, 9:18 am
Rather, to prove constructive possession, the Crown must prove beyond a reasonable doubt that the accused knew of the nature of the prohibited item or substance and some measure of control over it” (see: R v Ahmadzai, 2012 BCCA 215 (CanLII)) Joint possession — (section 4(3)(b)) As per section 4(3)(b) of the Criminal Code, where another person has possession, and the accused knows and consents, then the accused has joint possession with the other person. [read post]
5 Oct 2022, 4:00 am
The Queen, 1980 CanLII 44 (SCC), [1980] 2 S.C.R. 513, at p. 518). [read post]
28 Sep 2022, 4:00 am
Comment B: WL Hayhurst, “The Canadian Supreme Court on Copyright: CCH Canadian Ltd. v. [read post]
20 Sep 2022, 4:02 pm
As per Austin v The Queen, 1968 CanLii 94 (SCC), the Crown must prove this beyond a reasonable doubt. [read post]
1 Sep 2022, 4:00 am
In Nguyen v Neuls, 2021 SKQB 202, Ms. [read post]
11 Aug 2022, 11:52 am
Plaintiff worked in a CVS location in Queens. [read post]