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27 Sep 2010, 7:22 am by emagraken
Justice Pearlman made the following comments about a lawyer continuing to act after a conflict of interest arises: [563]     The rationale for the duty of loyalty, including the duty to avoid conflict, was explained by Wilson J.A. [read post]
15 Jul 2009, 3:28 pm
  As Brooke J.A. observes, "the rules proceed on the basis that there may be some disparity" in recollections. [read post]
22 Jun 2012, 1:30 pm by Law Lady
YOLANDA MARTES, MARIA RAMIREZ, PAULA NEHER, FELIX RAPALO, SHAWNEEQUA ELLIOTT, as Guardian for J.A., a minor, Plaintiffs-Appellants, v. [read post]
13 Oct 2017, 5:01 am by Jordan Gold
The dissent of Huscroft J.A., will offer considerable momentum and weight to a Crown appeal to the Supreme Court of Canada. [read post]
12 Mar 2023, 4:00 am by Administrator
The Chief Justice: “A majority of this Court would allow the appeal, substantially for the reasons of the dissenting judge, MacPherson 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]
7 Apr 2014, 1:26 am by rhapsodyinbooks
., at 782; see also J.A. 93—97, to extreme emotional distress, and is virtually never viewed merely as “unwanted communication,” but rather, as a physical threat, is of no concern to the plurality. [read post]
14 May 2010, 11:28 am by MacIsaac
.), Southin J.A. described the same insurer’s agreement to pay the plaintiff’s costs in a “test case” as “a very proper thing to do”, and ordered costs in those terms. [read post]
11 May 2014, 4:05 am by Administrator
.: — “… [no] basis for interfering with the reasons of Gillese J.A. and, in particular, with her conclusion that the trial judge made no error in determining that the minimal probative value of the proposed evidence was substantially outweighed by its prejudicial effect”. [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]
19 Feb 2010, 10:43 pm by MacIsaac
  The issue turns on whether the disclosures were intended to be in confidence and the third parties involved had a sufficient common interest with the client to support extension of the privilege to disclosure to them….Where legal opinions are shared by parties with mutual interests in commercial transactions, there is a sufficient interest in common to extend the common interest privilege to disclosure of opinions obtained by one of them to the others within the group, even in… [read post]
28 Jun 2010, 7:09 am by MacIsaac
 Eggleston was contributorily negligent. [72]        If I am wrong in that conclusion, based upon the analysis and conclusions of Esson J.A. in Giuliani, I would assess Mr. [read post]
21 Feb 2007, 6:03 am
(J.A. at 421) Thus, specific and articulable facts gave rise to reasonable suspicion to stop Plaintiffs. [read post]
2 Mar 2012, 10:10 am by Thomas G. Heintzman
  As Donald J.A. pointed out, if enough contractors refuse to participate, the Ministry would be forced to change its approach. [read post]