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18 Dec 2008, 6:06 am
As McFarlane J.A. stated in Lutes, s. 2(c) "does not provide for the awarding of damages as between persons who are at fault. [read post]
25 Nov 2013, 4:00 am
Bernstein, J.A. [read post]
8 Apr 2007, 8:13 am
Lynn 2003 BCCA 49 at para. 92, Southin J.A. [read post]
21 May 2017, 4:00 am
Hunt, 2016 NCLA 61; 2017 SCC 25 (37314) Justice Abella: “A majority of this Court is of the view that the appeal should be allowed substantially for the reasons of Hoegg J.A. [read post]
16 Apr 2009, 12:51 pm
Those principles should be consistently applied: if a judge declines to apply them, without a reason for doing so, he may be considered to have acted arbitrarily or capriciously and not judicially. [49] In Cridge, Lowry J.A. noted the right of the Lieutenant Governor in Council to… [read post]
13 Feb 2023, 5:00 am
J.A. [read post]
26 Dec 2011, 3:03 am
” J.A. 28. [read post]
2 Mar 2010, 1:37 pm
Nevertheless, in Anderson, Wood J.A., as he then was, concluded that moving a stop sign after an accident was relevant to the question of whether it was difficult to see prior to the accident. [read post]
11 Jan 2007, 12:14 pm
Cir. 2005) (removal of the film door thatwas broken in removing the film); J.A. at 95 (refurbishment of the half backs). [read post]
14 Nov 2008, 9:58 pm
The court in this case refused the defendants motion to produce the plaintiff’s previous discovery transcript and the plaintiff’s previously obtained medico-legal report holding that On balance, the plaintiff's privacy interest outweighs the defendants "fishing expedition" as referred to by Binnie J.A. [read post]
19 Oct 2011, 8:23 am
.), at para. 32, Blair J.A. recognized the Internet’s “tremendous power” to harm reputation, citing with approval the following excerpt from Lyrissa Barnett Lidsky “Silencing John Dow: Defamation & Discourse in Cyberspace” (2000), 49 Duke L.J. [read post]
5 Jan 2011, 12:25 pm
J.A. 493. [read post]
8 Nov 2011, 5:46 am
” Instead, it alleges that Bohn “stopped using [his] living room because the odors permeating that room had become so overpowering as to make the room entirely unusable,” J.A. 135, and that he was damaged by the co-op board’s failure to address his complaints. [read post]
24 Apr 2012, 3:40 am
J.A. 2288. [read post]
27 Apr 2010, 1:34 pm
582). [10] In the context of a criminal appeal, Branca J.A. made this statement in R. v. [read post]
25 Feb 2021, 10:11 am
” J.A. 10057 ¶ 34. [read post]
22 Dec 2013, 4:00 am
Hall J.A. sustained the injunction but set aside the order of sale. [read post]
20 Jun 2021, 4:00 am
Like Slatter J.A., I am of the view that the conviction for attempting to obstruct justice is not made out on this record, and that the conviction is unreasonable. [read post]
6 Feb 2007, 10:53 am
Marion County Division of Child Services (NFP) In the Matter of Termination of Parent-Child Relationship of J.A., M.P.B., M.L.B., A.M.S., J.S. [read post]
4 Jun 2017, 4:48 pm
Blair J.A., at p. 722, also quoted Professor Fleming from The Law of Torts, (7th ed. 1987), at p. 450, as to the success of the reform brought to this area of the law by occupiers’ liability legislation: Its central feature was to abandon the timorous distinction between categories of entrants and subsume the law of occupiers to the unifying principle of a “common duty of care”. [read post]
