This appeal considered whether an agreement in writing which contains an anti-oral variation clause can be varied other than in accordance with the terms of that clause, and whether the Court of Appeal was wrong to follow a previous Court of Appeal decision in which a relevant contrary authority had not been cited, or a later Court of Appeal decision which considered both earlier decisions and rejected that contrary authority but did
so obiter.
Whether the Court of Appeal was wrong to follow a previous Court of Appeal decision in which a relevant contrary authority had not been cited, or a later Court of Appeal decision which considered both earlier decisions and rejected that contrary authority but did
so obiter.
Not exact matches
OBIT Sirs: Now that the American League has
so thoroughly humiliated the National League champs in the abbreviated 1966 World Series, let it spell an end to the hard - sell promotion of National League play at the expense of the AL..
I think it is funny that this happened today because «got asked to write an
obit about a guy who isn't dead» is the weirdest fast violation in this whole experiment —
so far, at least.
No one here blames the mother for following / believing the obviously horrible advice given to her, and isn't the point of the online
obit so people can see it?
The
obit was written by one of Turner's authors,
so if payment was involved, I don't expect she'd mention it.
In additional (
obiter) comments, the judge held that there might be circumstances in which a local authority could do
so, but that there was no evidence that LAML could bring itself within those circumstances.
So it has, but in Lifely the comment was
obiter.
It had taken the Court of Appeal some 8 plus years to finally make that exquisitely clear just a few months ago (case is Taylor v Canada Health 2009 ONCA 487, 95 O.R. (3d) 561 — in doing
so, it had to clean up the mess created by an
obiter comment some 8 years before.
Although Sunstein does not say
so, presumably, Mutes (as well as Burkeans) would also generally oppose
obiter dicta.
I got to publish at least 400 pages of complaints about the consequences of that
obiter, before its apparent demise,
so I suppose I have some reason to be thankful.
In doing
so, the Court commented at some length, and entirely in
obiter dicta on this practice:
As the court in HIH held that the clause did not cover fraud, these comments are
obiter —
so the question remains undecided.
Many papers print the
obits on - line
so it may just require a simple search on the computer to get a lead.