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7 Feb 2022, 5:19 am by JURIST Staff
Private nuisance is “interference” with someone’s “use or enjoyment of land that is both substantial and unreasonable” (Antrim Truck Centre Ltd. v Ontario (Ministry of Transportation) 2013 SCC 13 at para 18, my underlining). [read post]
7 Feb 2022, 4:29 am by Peter Mahler
In another First Department decision earlier this month, the court in Newman v Newman affirmed a decision by Manhattan Commercial Division Justice Barry R. [read post]
3 Feb 2022, 9:47 am by Russell Knight
Village of Schaumburg, 2012 IL App (1st) 111008, 16. [read post]
30 Jan 2022, 3:55 pm
As stated in Gefen at para. 161, at this stage, [161]    …Both parties must adduce evidence about the donor's actual understanding of what she was doing. [read post]
26 Jan 2022, 3:35 pm by INFORRM
Riley v Murray, then, sits uncomfortably with the Court of Appeal’s decision in Miller v College of Policing [2021] EWCA Civ 1926,  which was handed down on the same day. [read post]
26 Jan 2022, 4:00 am by Martin Kratz
Knight Manufacturing Inc., 2021 ONCA 925 at para. 51; applying Fiorito v. [read post]
24 Jan 2022, 9:42 am by SW
The judge then set out some common ground between the parties, which he described as ‘basic legal points’ (para 7). [read post]
24 Jan 2022, 7:32 am by Eleonora Rosati
Milano, Tecnica Group S.p.A. v Diana S.r.l., decision No 493/2021, 25 January 2021) in a copyright infringement case – decided nearly a year ago – that Tecnica successfully brought against the maker of Chiara Ferragni-branded after ski boots. [read post]