The Court stated that the rule may only be used in the clearest of cases where the abusive nature of the proceeding is apparent on the face of the pleading and there is a basis in the pleadings to support the resort to the attenuated process.

Section 140(1) of the CJA similarly provides a judge with the authority to limit a person’s ability to bring proceedings without leave if the person is found to be acting vexatiously. 2017, c. 14, Sched. He declared that the If 139 Limited had satisfied Svia’s judgment, Northbridge would have had a defence to 139 Limited’s claim for indemnity under the Policy because the first notice it received of the 2008 Action (the notice from Svia) came nine years after the action was commenced. (2) Did the application judge err by approaching the case on the basis that it was analogous to an environmental damage claim? There were only three substantive decisions released by the Court of Appeal this week.

I.S. Meanwhile, the individuals who held the first mortgage, A.A. and referred to the deeds produced that set out the easement. He also noted that the Policy permitted Svia to give notice, as Statutory Condition 8 provided that if the insured was absent, unable to provide notice, or refused to do so, notice could be given “by a person to whom any part of the insurance money is payable”. The appellant’s position was that the easement granted them exclusive use of the driveway, and the members of the public who use the driveway to access trails are therefore trespassers.

The Court held that, when considered in light of the whole Lease, “promptly” means payment of rent when due – namely, on the first day of each calendar month. by the judge who heard the parties directly. considering whether the owners of Paleshi Motors were aware of the prerequisites to the existence of a prescriptive easement. K. Dimakis, appearing on behalf of T. Dimakis. The appellant did not have a registered interest in the Property when the tax sale was underway, nor was she ever shown as an owner of the Property on the municipal tax assessment rolls. Yet compliance, litigation, and best practices are critical to maintaining a competitive advantage.

concluding that the easement is not seasonally In September 2017, he issued a claim against the respondent, seeking damages. No. (1) Did the motion judge err in concluding that the appellant was not a person of ordinary fortitude? Secondly, the judge’s interpretation of the CAP and decision to refer the RFD is a question of jurisdiction, which is also reviewable on a correctness standard.

The Court agreed with the appellants’ submission that the motion judge effectively granted partial summary judgment. (c) Where the issue(s) affect all jurisdictions, the hearing may be directed to any court supervising the Agreement.

The trial judge held that although the appellant is a Métis person and a member of the EWMNNS, the children were not members of the Métis community. counsel on the admission and use of joint document books. This ground of appeal was simply an attempt to recast previously unsuccessful arguments at trial. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). (19(1)(b), ss.

that the respondent would be self-sufficient. (Courts of Justice Act, s. 134(6)). All Content provided "as is" without warranty of any kind. Model & Talent Management Inc. v. IMG Models Inc., 2006 CanLII 2882 (Ont.

In coming to its conclusion, the Court had to choose between conflicting lines of decisions. (1) Did the motion judge err in making a determination on a summary judgment motion of novel legal issues?

The appellant is a member of the Eastern Woodland Métis Nation Nova Scotia (“EWMNNS”) and has two children. (1) No. There is no indication that the motion judge treated the Agreement of Purchase of Sale as determinative of the issue of remoteness of damages.


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