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19 Mar 2017, 4:00 am by Administrator
Olotu, 2016 SKCA 84 (37167) 2017 SCC 11 There is a publication ban in this case; the appeal was dismissed “substantially” for the reasons of Jackson J.A., and no Beaudry error occurred here by the trial judge. [read post]
15 Sep 2011, 7:40 am by emagraken
As Frankel J.A. also observed, while persons are entitled to have their day in court, they are not entitled to be always in court “day after day in the futile pursuit of remedies to which [they are] not entitled”. [read post]
19 Jan 2011, 7:19 am by emagraken
  While I have great sympathy for Allan’s parents the case law is clear that the financial circumstances of a litigant, standing alone, are not to be taken into consideration as a factor in the awarding of costs… [14]         It is clear based on the above authorities that this Court is unable, on any principled basis, to take the plaintiff’s financial circumstances into account in determining whether to award costs.… [read post]
29 Nov 2009, 1:46 pm by Michael Thomas
Verville J.A seven and half month old infant (the “Infant”) was cared for at a day nursery operated by the insured caregiver (the “Caregiver”) in her home. [read post]
7 Jun 2019, 7:38 am by Thaddeus Hoffmeister
Additional information can be obtained from J.A. [read post]
10 Jan 2013, 5:06 pm by Stephen Bilkis
An order dated the 28th of August, 1997 from the Circuit Court of Ghana shows that an uncle of the husband, J.A. and the father of the wife, K.F. filed a joint petition seeking the dissolution of the customary marriage. [read post]
5 Aug 2016, 9:09 am by emagraken
 86 that would not result in absurd results as urged by ICBC. [52]         Bennett J.A., for the Court, found at para. [read post]
29 Sep 2011, 7:37 am by Howard Knopf
Nadon J.A., dissenting, found that the proposed value for signal regime was ultra vires the powers of the CRTC, because it conflicts with s. 31(2)(d) of the Copyright Act which precludes payment of royalties for the retransmission of “local signals” . [read post]
1 Feb 2012, 4:19 pm
In confirming that Janiak provides for an objective person test, Lowry J.A. writing for a unanimous bench said as follows: [26] … I consider that if a plaintiff had the capacity to make the decision about treatment it is said ought to have been made, and the advice was sound, the mitigation question in each instance must be what would be expected of a reasonable person in the circumstances having regard for the plaintiff’s medical condition at the material time and the advice… [read post]
4 Oct 2010, 12:22 pm by John Demas
In a study done by Loughborough University Sleep Research Centre, Leicestershire, UK, J.A. [read post]
21 Aug 2013, 7:13 am by emagraken
Farrell Estate, 2004 BCCA 348 where Smith J.A., writing for the court, says at para. 77: The question whether negligence should be inferred when a motor vehicle has left its proper lane of travel usually arises in cases, like Fontaine, where the driver of the vehicle is sued by a plaintiff injured in the accident. [read post]