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5 Dec 2016, 6:50 am
Canakaris, `[i]n reviewing a true discretionary act, the appellate court must fully recognize the superior vantage point of the trial judge and should apply the ‘reasonableness' test to determine whether the trial judge abused his discretion. [read post]
6 Dec 2015, 5:28 pm by Omar Ha-Redeye
The Court itself recognized at para 78 that Parliament should take the time to weigh and balance the issues, and that a large amount of deference is afforded to their decision in this respect. [read post]
12 May 2015, 7:35 am
  Here goes:*************************** Certification was denied in a recent proposed multiple-model product liability class action before the Ontario Superior Court of Justice in O'Brien v Bard Canada Inc.Class actions are more common in Canada than the US, due in large part to the low bar for certification of an action as a class proceeding in Canada. [read post]
4 Dec 2019, 4:16 pm by Andrew Hudson
The decision is of the Victorian County Court, which is jurisdiction is not often cited in legal debates and would not be binding on superior counts. [read post]
21 Jan 2020, 1:34 pm by Patricia Hughes
His lawsuit raises the constitutional issue of parliamentary immunity, on the basis of which Justice Sally Gomery of the Ontario Superior Court dismissed his claim. [read post]
10 Nov 2008, 3:51 am
I was intrigued by the recent SC decision in Principal, Kendriya Vidyalaya and Ors. v. [read post]
19 Oct 2020, 8:43 am by Brett Raffish
In 1961, the Supreme Court made clear in Monroe v. [read post]
16 Mar 2016, 9:01 pm by Joanna L. Grossman
The Supreme Court’s ruling in Obergefell v. [read post]
2 Jun 2013, 9:34 am by Omar Ha-Redeye
The Ontario Superior Court of Justice recently declined certification for a class action in Good v. [read post]
3 Jul 2015, 4:00 am by Ian Mackenzie
The recent Supreme Court decision in Yukon Francophone School Board, Education Area #23 v. [read post]
20 Sep 2021, 5:36 am by JURIST Staff
While alternate dispute mechanisms provide a possible solution to the problem, until such time as the superior courts are made to function as courts of appeal on every single issue arising in a case, there cannot be delivery of speedy justice to the common man in India. [read post]
21 Nov 2010, 12:10 pm by Schachtman
Even though the principles of Daubert have been embraced by the entire Supreme Court, in a rare unanimous opinion, (See Weisgram v. [read post]