Results.
6 judgments found.
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| November 2015 |
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Delay warned in contract; no breach where time not of the essence, so damages claim dismissed.
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Contract Law — Performance — Time Not Of The Essence — Reasonable Time Where No Specified Time — Burden To Prove Unreasonable Delay
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29 November 2015 |
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Distinct partial incapacities may be aggregated under section 9 of the Workers Compensation Act; appeal allowed.
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Labour Law — Workers Compensation — Aggregation of multiple permanent partial incapacities under s9 of the Workers Compensation Act
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Civil Procedure — Appeal from Worker Compensation Commissioner — Commissioner not a required party and limited role once matter is appealed
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Evidence/Medical Assessment — Distinct injuries assessed by different specialists — Necessity to itemise Schedule injuries on medical forms
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26 November 2015 |
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A utility lawfully disconnecting for unpaid bills does not commit trespass or defamation absent proof of prior payment.
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Tort
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Trespass to Land — Entry and disconnection under statutory authority — Water Works Act s 15(d)
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Defamation — Justification (truth) as a defence to alleged reputational harm from service disconnection
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Civil Procedure — Pleading and Evidence — Negligence not entertained when unpleaded and no actionable damage proved
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26 November 2015 |
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Claimant failed to prove on balance of probabilities that beverage contamination occurred during manufacture; claim dismissed.
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Tort
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Product Liability — Manufacturer's duty to ultimate consumer where product reaches consumer sealed and unexamined
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Causation and Proof — Necessity to prove defect existed at manufacture or while under manufacturer's control; need to show bottle was sealed
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Civil Procedure — Joinder — Unclear justification for joining insurer where claimant lacks privity
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25 November 2015 |
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Decree nisi granted where petitioner proved respondent's serial adultery; jurisdiction established and costs awarded.
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Family law — Divorce — Jurisdiction (domicile) under s.2 Divorce Act — Adultery as ground for divorce — Undefended petition and unchallenged evidence — Decree nisi and costs awarded.
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16 November 2015 |
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Court corrected its omission and held the respondent entitled to compound interest at the contractual rate, dismissing the applicant's simple-interest request.
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Civil procedure — correction of clerical mistake (Order 20 rule 11) — Interest — contractual rate (2% above prime or maximum permitted) — simple versus compound interest — commercial transactions; compound interest recoverable where contract silent.
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2 November 2015 |