Search for: "In re: O.C."
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25 Oct 2015, 10:24 am
This decision is a good example of the rule of contract interpretation known by its Latin name: ut res magis valeat quam pereat: or, that the thing shall have effect rather than perish. [read post]
17 Oct 2015, 8:25 am
Re-enforcing bars (“rebars”) were placed in the forms and then concrete poured into the forms. [read post]
17 Aug 2015, 7:41 am
For certainty of subject matter to exist, there must be a “specific, identifiable res that forms the subject matter of the trust. [read post]
12 Jul 2015, 2:34 pm
B.C. be re-heard by the B.C. [read post]
23 Jun 2015, 8:08 am
Sheppard said that the contractor was adamant that “we’re not getting nine foot walls. [read post]
1 Apr 2015, 1:42 pm
” Second, the court noted that the respondents conceded that the exclusion is not limited to the cost of re-doing the cleaning and that there must be some “physical damage” caught by the exclusion. [read post]
15 Mar 2015, 1:04 pm
The second arbitrator held that he was not bound by those decisions by reason of res judicata. [read post]
8 Mar 2015, 7:39 am
The New Brunswick Court of Appeal set out the four basic ways in which damages can be assessed in these circumstances: the cost of re-instatement: the diminution in the value of the property: the savings by the contractor by the breach; or the loss of amenities to the owner. [read post]
23 Feb 2015, 5:52 am
., the Court of Appeal held that such a claim is enforceable and is not barred by res judicata, merger or abuse of process. [read post]
5 Feb 2015, 8:47 am
” The court concluded that the re-orgainzation of the Cinemavault companies was “carried out for the purpose, of denuding CRI of its assets such that it was not in a position to fulfill its financial obligations to the applicants under” the sales agreement. [read post]
28 Dec 2014, 7:53 am
In the last two articles I have been considering the recent decision of the Supreme Court of Canada in Bhasin v. [read post]
9 Dec 2014, 5:32 pm
Supreme Court’s Decision re Damages The Supreme Court referred to the trial judge’s finding that, even though Can-Am had a right to not extend the term of the agency, the agency still had value and Bhasin could have sold it. [read post]
21 Sep 2014, 8:51 am
” Comments This decision re-affirms the narrow application – or perhaps inapplicability – of the doctrine of mistake to the tender process. [read post]
12 Aug 2014, 12:53 pm
S appealed to the Supreme Court of Canada which re-instated the decisions of the arbitrator and the superior court judge. [read post]
31 Jul 2014, 9:30 am
You may chuckle (or chortle, if you’re legal-word pundit Bryan Garner), but debates over the Oxford comma are serious business. [read post]
12 Jun 2014, 7:58 am
The motion judge said, in part: “To interpret the Security Order as now suggested by the Lien Claimants would wholly re-order existing priorities when the clear intention of New Recreations Ltd. and the petitioner as made known by their counsel to the court was directly opposite the position now advanced by the Lien Claimants….I am not prepared to conclude in the face of the Lien Claimants’ silence at the time the Security Order was made, that Sigurdson J. intended… [read post]
21 May 2014, 5:36 am
First, the court re-affirmed that there is a common law privilege relating to settlement discussions and that the privilege confers a duty of confidentiality upon those engaged in mediation. [read post]
19 Apr 2014, 8:49 am
In these circumstances, once the protection under section 11 ends the party wishing to make a claim must commence the claim within the re-started limitation period even if the obligation to mediate continues. [read post]
17 Feb 2014, 5:45 pm
The court effectively held that res judicata applies with all its force and effect to arbitration. [read post]
29 Dec 2013, 7:15 am
They could refer only to re-doing the work that was faulty, which is what the insured asserted. [read post]
