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26 Oct 2007, 1:53 pm
., 535 U.S. at 249-50; see J.A. at 118. [read post]
12 Oct 2020, 5:59 am
Part 2 of my torts and comparative fault speech includes a free electronic copy of Day, J.A., Compendium of Tennessee Tort Reform Statutes and Related Case Law (2009 – 2020 (9th ed.), which weighs in at almost 600 pages. [read post]
15 May 2017, 5:50 am
In so doing, Miller J.A. concluded:Effectively, the appellant argues that because it did not agree to provide the respondent with all of his statutory entitlements – entitlements that were conditional on an early termination, an event which never occurred – the respondent must therefore forfeit his contractual entitlements: contractual entitlements that are far greater than what either the ESA or the common law would have provided. [read post]
1 Oct 2010, 12:12 pm
Plaza, 2001 BCCA 133, Finch J.A. [read post]
6 Oct 2021, 4:00 am
Paciocco J.A., writing for the court, explained that for both the actus reus and mens rea of dangerous driving, the focus should be on the manner of driving, not the consequences or the cause of those consequences: at paras. 68-69. [read post]
2 Dec 2010, 7:24 am
Where is Mavis Gallant, Rose Tremaine, Janet Hobhouse, Gregor von Rezzori Olivia Manning, J.A. [read post]
12 May 2010, 8:21 am
.), Doherty J.A explained relevance as follows: … Relevance … requires a determination of whether as a matter of human experience and logic the existence of “Fact A” makes the existence or non-existence of “Fact B” more probable than it would be without the existence of “Fact A. [read post]
30 May 2012, 7:18 am
This was also a breach of her common law duty to other users of the highways because she clearly failed to meet the standard of care as set out by Lambert J.A. in Carich v. [read post]
8 Mar 2008, 5:06 pm
.), per Esson J.A. dissenting, at pp. 10-11. [read post]
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]
7 Mar 2018, 6:41 am
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]
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]
12 Oct 2011, 1:47 pm
., J.A., L.B., L.S., D.F., and B.G. [read post]
6 Mar 2012, 3:00 am
” J.A. 119-20. [read post]
22 Feb 2015, 7:52 am
Caddey, [28] Morden J.A. describes the costs sanction as a “remedial penalty”. [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]
18 Apr 2011, 6:51 am
It seems to me that it was this type of situation that Cumming J.A. had in mind when he observed in Jordan, “Clear examples of connecting factors include the residency of the defendant in the jurisdiction or the fact that the tortious act was committed or damages suffered here” (para. [read post]
24 Feb 2011, 7:25 am
J.A. [read post]
26 May 2021, 4:00 am
On appeal, Hamilton J.A. held that the matter of the appeal was moot since the appellant had not been incarcerated pursuant to the impugned warrant for almost three years. [read post]
28 Dec 2015, 6:28 am
J.A. [read post]
