Not exact matches
Giving the lead
judgement, master of the rolls Lord Dyson found the rules governing the
appeals process
under fast - track were «systemically unfair and unjust» because «the time limits are so tight as to make it impossible for there to be a fair hearing of
appeals in a significant number of cases».
On May 31st the Newfoundland and Labrador Court of
Appeal issued a
judgement with a number of broad statements about the proportionality principle and how it ought to be applied by courts in crafting discretionary orders
under civil rules.
The Court of
Appeal recently overturned a summary judgment, finding that the motion judge erred by allowing the dispute to proceed by way of summary
judgement due to the fact that the case presented serious evidentiary difficulties which could not be properly addressed in the context of a simplified procedure
under rule 76 of the Ontario Rules of Civil Procedure.
As with judicial precedents developed
under the former rules, I expect there will be some seemingly inconsistent
judgements dealing with the issue of independent medical exams
under the current rules and eventually the BC Court of
Appeal will likely weigh in on the issue to bring some clarity to the law.