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21 Nov 2012, 10:57 am
In delivering the judgment for the Court, Rouleau J.A. held: [90] In my view, the major purpose of peremptory challenges, “to foster confidence in the jury trial process”: Gayle, at para. 59, was undermined to such a degree as to create the appearance of unfairness. [read post]
18 Nov 2012, 10:06 pm
J.A. 5. [read post]
9 Nov 2012, 7:24 am
This, as Rowles J.A. noted, “risks perpetuating the very disadvantage and exclusion from mainstream society theCode is intended to remedy” (see Brooks v. [read post]
1 Nov 2012, 7:07 am
As Finlayson J.A. noted in Stewart, at pp. 516-17: It is evident from his reasons that the trial judge was impressed with the demeanour of the complainant in the witness box and the fact that she was not shaken in cross-examination. [read post]
1 Nov 2012, 7:07 am
As Finlayson J.A. noted in Stewart, at pp. 516-17: It is evident from his reasons that the trial judge was impressed with the demeanour of the complainant in the witness box and the fact that she was not shaken in cross-examination. [read post]
31 Oct 2012, 5:02 am
Jackson, J.A. [read post]
27 Oct 2012, 12:32 pm
In this event, the legal burden reverts to the propounder.[43] As noted by Garson J.A. in York, the testamentary capacity test is set out in the leading English case: Banks v. [read post]
17 Oct 2012, 11:47 pm
In November 2010, the Court of Appeal for Ontario, per Simmons J.A., set aside the punitive damage award, finding it to be too low of an award in the all the circumstances of the case. [read post]
16 Oct 2012, 3:19 pm
.; J.A. [read post]
12 Oct 2012, 8:52 am
See In re Kornblum, 81 F.3d 280 (2d Cir. 1996); J.A. [read post]
4 Oct 2012, 8:48 am
Linden J.A. in Folster was alive to this danger when he observed that the use of the term “commercial mainstream” might “… imply, incorrectly, that trade and commerce is somehow foreign to First Nations” (para. 14, note 27). [read post]
30 Sep 2012, 6:43 am
It relies on case law that, in its view, supports its argument that faulty workmanship is not an accident … It relies on Ryan J.A. [read post]
25 Sep 2012, 10:00 pm
At Warner Norcross, senior partner J.A. [read post]
7 Sep 2012, 1:35 pm
The majority of the Court of Appeal (reasons by Chamberland J.A.) reversed the trial judge’s decision on the basis that the restrictive covenants formed part of the contract for the sale of Mr. [read post]
7 Sep 2012, 11:39 am
J.A. [read post]
7 Sep 2012, 7:04 am
See J.A. 13000–07. [read post]
4 Sep 2012, 10:00 am
R. 1:7-4; J.A. v. [read post]
4 Sep 2012, 8:54 am
J.A. [read post]
1 Sep 2012, 1:36 pm
., it could clearly not have been the intention of such eminent authorities as the Law Lords in Chichesterto sweep away this practice on such general terms and without an examination of the historical basis for the granting of such powers.[74] Finally, as was stated by Krever J.A., there is no principled reason why, if such powers are valid through an inter vivos instrument, they should not be equally valid if contained in a will. [read post]
