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14 Feb 2012, 7:49 am by emagraken
Lemmon) the Court provided the following useful breakdown: [42] The approach to such claims is well set out in the decision of Garson J.A. in Perren v. [read post]
13 Feb 2012, 2:00 pm by Karen Tani
The Law & Politics Book Review has released a new batch of reviews:Christopher Malone (Pace University) reviews THE DAWN OF DESEGREGATION: J.A. [read post]
9 Feb 2012, 11:06 pm by Michael Geist
We agree with Noël J.A. that the term 'broadcasting undertaking' does not contemplate an entity with no role to play in contributing to the Broadcasting Act's policy objectives. [read post]
9 Feb 2012, 10:40 am
Bell Aliant Regional Communications LP following the Federal Court of Appeal’s decision that Internet service providers are not broadcasting within the meaning of the Broadcasting Act when they transmit programs via the Internet.In upholding the Federal Court of Appeal’s decision, the top court wrote: “We therefore agree with Noël J.A. [read post]
2 Feb 2012, 12:42 am by Lawrence B. Ebert
J.A. 523-24.We agree with the appellants that the district court improperly limited the term. [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]
29 Jan 2012, 1:04 pm
Vancouver Professional Soccer Ltd. (1987), 15 B.C.L.R. (2d) 34 (C.A.) at 36 - 37 (“Bank of Montreal”) by McLachlin J.A. as she then was, a petitioner for rectification of any document must establish:1. that the written instrument does not reflect the true agreement of the parties; and 2. that the parties shared a common continuing intention up to the time of signature that the provision in question stand as agreed rather than as reflected in the instrument.See: Joscelyne v. [read post]
23 Jan 2012, 10:33 am
This auto-crash was investigated by the Missouri State Highway Patrol and with the assistance of trooper, J.A. [read post]
13 Jan 2012, 5:00 am by David Rodman
According to the proxy statement, the company paid the directors the following amounts: Name Fees Earned or Paid in Cash ($) Stock Awards ($) Option Awards ($) All Other Compensation ($) Total ($) J.A. [read post]
9 Jan 2012, 7:16 am by emagraken
.), McLachlin J.A., writing for the court at para. 26, held that a sum of money advanced by an employer to an employee that had to be repaid in the event of any recovery did not qualify as a benefit under the predecessor of s. 106. [85] More generally, in Lopez v. [read post]
6 Jan 2012, 3:26 pm by Orin Kerr
At the outset of this litigation, respondent Mary Brown thought she had made a rational choice to forgo insurance: she said she did “not believe that the cost of health insurance coverage (was) a wise or acceptable use of (her) financial resources,” j.a. 141, apparently believing that she could pay her medical bills out of pocket. [read post]
6 Jan 2012, 1:53 am by Jacob Katz Cogan
Contents include:Sophie Briant, Dialogue, diplomacy and defiance: prisoners' voting rights at home and in StrasbourgChristine Chinkin & Jane Gordon, The UK CEDAW StoryRonagh J.A. [read post]
28 Dec 2011, 5:00 am by Greg Diamond
Koellner 85,000 130,016   11,250 226,266 Cornelis J.A. van Lede 78,750 123,758   72,655 275,163 Dr. [read post]
23 Dec 2011, 2:41 pm by Omar Ha-Redeye
Campbell Sharp396, Lambert J.A. held that the defence of qualified privilege will be defeated if the defendant publishes a statement which is not his honest belief. [read post]