Sentences with phrase «recent appellant»

Not exact matches

It found that the Appellant had not identified any basis upon which it could be said that the judge misapprehended the evidence, and accepted as reasonable the chambers judge's conclusion that the absence of recent occurrences of disruptive behaviour was due to the injunction itself.

Landmark Charter decisions have become rarer and references to the living tree have declined in recent years.39 In one recent decision, Consolidated Fastfrate v. Western Canada Council of Teamsters, a 6 - 3 majority of the Court employed a traditional division of powers analysis and found that the appellant's business was subject to provincial jurisdiction based on the «nature of its operation» — meaning that it conducted its business entirely within the province — and the long - accepted rule that works and undertakings are generally to be regulated by the provinces.

Perhaps the most known recent case is that of Lucy the elephant, Reece v. City of Edmonton, 2011 ABCA 238, in which the Appellants were unfortunately not granted leave to appeal to the Supreme Court.

In a recent British Columbia Court of Appeal decision in Valmet Paper Machinery Inc. v. H.A. Davis Transport Ltd., the Court of Appeal considered a decision of the Trial Judge Groberman J. wherein he awarded the plaintiff shippers the sum of $ 1,244,000 for the destruction of a piece of equipment known as a rewinder, in the course of it being carried by a truck of the appellant motor carrier.

[22] As shown by the recent Court of Appeal decision in Deep, Steinecke is still good law, as the Court found that Deep could not rely on documents inadmissible under civil proceedings due to s. RHPA 36 (3), and found that, «[w] ithout this evidence the appellant has no way of proving the necessary facts to support his claim.»

Notable mandates: Counsel for the successful appellant at the Supreme Court of Canada in Housen v. Nikolaisen; counsel for Potash Corp. in matters relating to the expansion of its Rocanville mine; ongoing work in the restructuring of the pork industry, including CCAA proceedings and receiverships; acted for Northland Power in the development and construction of two gas - powered generating plants; represented Great Western Diamonds in its recent acquisition of the Brazilian operations of Santa Elina Mines; appointed as counsel by the Saskatchewan Court of Appeal to argue on a reference against the constitutionality of proposed legislation permitting marriage commissioners to refuse to perform same sex marriages.

The appellant's argument is based on the court's recent decision in Winters v. Hunking, 2017 ONCA 909, decided after the motion judge's reasons were released.

After a settlement was reached in a recent legal case, the appellant disputed the finding of the basis of a settlement.