Even if the respondent should have told the appellants in a more timely fashion that the barn would have no pigs at the time of closing, it did not amount to a breach of the duty of good faith, per Bhasin v. Hrynew, 2014 SCC 71, sufficient to trigger a remedy
for the appellants given the terms of the contract.
At the outset of the appeal, counsel
for the appellants accepted that the Court of Appeal is precluded from reconsidering the decision of Wellington v. Ontario, 2011 ONCA 274.
Art and Wendy Douglas purchased a home in Kingston, Ontario and arranged
for the appellants to deliver fuel oil to their home.
Andrew Nicol QC and Anthony Hudson (instructed by Legal Services, Times Newspapers Ltd)
for the appellants.
This is a higher than normal success rate
for appellants (it was 35 % in 2012), but may just be a statistical blip.
The indications of impending harm to health were plain enough
for the appellants to realise that immediate action was required.
The form of special case was settled by the court at a judicial management conference, but counsel
for the Appellants refused to sign the statement of special case because of the extensive disputed affidavit evidence that, by then, had clearly demonstrated that the parties were not in agreement with respect to the facts.
Counsel
for the Appellants: Arpal Dosanjh and Allan Doolittle (Gumundseth Mickelson LLP, Vancouver)
At the full hearing of the appeal on 6 December 2017 Flaux and Moylan LJJ accepted the explanation provided by counsel
for the Appellants that when she had appeared before Vos LJ she had been unaware of the earlier judgment.
P D S Jackson, A Gray, J R Opolsky, A Shelley and D Shiff,
for the appellants Essar Global Fund Limited, New Trinity Coal, Inc., Essar Ports Algoma Holding Inc., Algoma Port Holding Company Inc., Port of Algoma Inc., and Essar Steel Limited
Jeffrey E. Streisfield,
for the appellants Haulover Investments Limited, Yvonne Worden and Robert Salna Holdings Inc..
Earl A. Cherniak, Q.C., Cynthia Kuehl, Ira T. Kagan, David Winer and Alexandra DeGasperis,
for the appellants Elginbay Corporation and Zamani Homes (Richmond Hill) Ltd..
P H Griffin, M Jilesen, R Trenker and K Nusbaum,
for the appellants GIP Primus, L.P. and Brightwood Loan Services LLC
Consent to the filing of timely amicus curiae briefs in support of either party or neither party from counsel
for the appellants received.
Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel
for the appellants filed.
Michael Ashe QC and Stuart Cakebread (instructed by David Wyld & Co)
for the appellants.
John Samson and Aidan Briggsappeared
for the Appellants.
Tom acts
for the Appellants (led by Steven Gee QC).
Junior counsel
for appellants.
You can access online both the Brief
for Appellants and the Reply Brief
for Appellants.
Tom acted
for the Appellants (led by Steven Gee QC).
Today, on behalf of my clients, the plaintiffs in the case, I filed the opening Brief
for Appellants.
Jason Coppel QC, Joseph Barrett and Rupert Paines acted
for the Appellants, instructed by Jim Richards of Pinsent Masons LLP.
Counsel
for the Appellants: Timothy Pearkes and Ahna Fernandez (Pearkes & Fernandes, Nelson, British Columbia)
Thus the Supreme Court held that the policy of «deport first; appeal later» is a violation of human rights as an appeal against a deportation order by reference to a claim in respect of private and family life under ECHR, art 8 should be effective, and this means there must be an opportunity
for appellants to give live evidence to assist the tribunal.
Robert has appeared
for appellants and interveners in the Supreme Court of Canada.
Peter Grant of Grant Huberman in Vancouver, who acted
for the appellants, Ktunaxa Nation Council and council chair Kathryn Teneese, said he found the decision marked «an unfortunate day for the law.»
City of Guelph v. Super Blue Box Recycling, 2009 ONCA 481 - Acted
for Appellants at the Court of Appeal in appeal of a lengthy trial on contractual issues
Given the complexity of the law and lack of legal representation
for appellants, he said: «We can not manage in many cases without proper assistance and we rarely get it from the Home Office.»
Blue Holdings v Unites States of America [2014] EWCA Civ 1291: Appearing
for the Appellants in their successful appeal against a worldwide freezing order obtained by the US Government.
Counsel
for the Appellants: Shaun Laubman and Laura Wagner (Lax O'Sullivan Lisus Gottlieb LLP, Toronto)
While most of the expense of mainstream civil litigation is lawyers» fees, it is rare
for appellants to pay for legal representation in social security cases.
The cost judge's conclusion that it was inherently unreasonable
for the appellants to enter into a CFA rather than a voluntary mediation scheme went too far.
Counsel
for the Appellants: Roger Horst, Rafal Syzmanski, and Lisa Bruni (Blaney McMurtry LLP, Toronto)
In this year's final the Liverpool John Moores duo was speaking for the respondents, whilst Southampton Solent acted
for the Appellants in the complex but fictional problem of Tate and Truelove v Fishery.
It is therefore highly likely that any other constitution of the House would have produces a more agreeable result
for the appellant.
While it was likely that anyone familiar with driving in BC would assume the Respondent's site had something to do with the Appellant, it was unlikely that they would confuse
it for the Appellant's official mark.
[39] Thus, another equally plausible inference is that, given her age and the permanent and significant nature of her disability, it was not reasonable
for the appellant to apply for Long Term Disability Benefits and meet its rehabilitation requirements with a view to someday returning to the classroom.
Counsel
for the appellant agreed that he could not rely on res ipsa loquitur on the facts of this case and he limited himself to the two submissions to which we have referred.
There was no evidence to suggest that the Respondent had intended or accomplished the redirection of Internet traffic looking
for the Appellant's site to its own site instead.
In Hasan, counsel
for the appellant contended that the law relating to the giving of reasons should no longer be allowed to develop on an incremental, case by case basis.
UBC also swept the Peter Cory prizes for best factum, winning first place
for their appellant factum and second place for their respondent's.
Wrong in law is one thing and will mean an appeal should generally be allowed; whereas wrong in the exercise of discretion is a much narrower gate
for the appellant to pass through.
Counsel
for the Appellant: Veronica Jackson and Shannon Davis (Min.
Counsel: Najma Jamaldin
for Appellant T Graham T. Clark
for Appellant D Paul Genua
for Appellant, Robert Johnson Elise Nakeskly, Deborah Krick for Respondent, Crown
As sentencing is a matter for the judge in English law, giving the sentence of Imprisonment for Public Protection (IPP) rather than an Extended Sentence for Public Protection (EPP) was lawful, and did not offend against the principle of «lex mitior» as the maximum sentence
for the appellant's crime was the same under either IPP or EPP.
The court was divided on one point: the consequence of their subsequent finding that the secretary of state's direction to Haringey to replace Shoesmith as director of children's services (DCS) was unlawful; this did not affect the outcome
for the appellant.
Alison Latimer of Underhill Boies Parker Gage & Latimer LLP, in Vancouver, who acted as lead counsel
for the appellant, hailed the decision for providing clarity on election sponsorship.
[26] Counsel
for the appellant submits that the evidence could not reasonably support a finding that the appellant was one of the perpetrators.
Counsel
for Appellant (Lanark Mutual Insurance Company): Stephen Appotive & Meghan O'Halloran (Hamilton Appotive LLP, Ottawa)