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Digest of the Week Archives : 2016

Digest of the Week – Existence of individual plaintiff does not alter well-established test to be applied on an application for security for costs

This digest highlights a recent British Columbia Court of Appeal decision where the Court overturned a motion judge’s decision denying security for costs against a corporate plaintiff because of the existence of an individual plaintiff.

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Digest of the Week – Strength of the Cause of Action Not to be Determined on a Rule 21 Motion

This digest highlights a recent Ontario Court of Appeal decision where the Court overturned a motion judge’s decision striking the claims under Rule 21, holding that the strength of a cause of action is not determined on a Rule 21 motion.

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Digest of the Week – After-Fact Creation of a Trust Not Intended to Give Wronged Party More Rights Than if Contract Had Been Performed

This digest highlights an Ontario Superior Court of Justice decision where the Court held that the after-fact creation of a trust was designed to protect the wronged party, and not intended to give the wronged party more rights than it would have had if the contract had been performed.

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Digest of the Week – “Beneficial Owner” Should be Broadly Interpreted

This digest highlights a recent Alberta Queen’s Bench decision where the Court held that the term “beneficial owner” should be broadly interpreted and may include an anticipated security holder.

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Digest of the Week – Limits on Obligations Imposed on Shareholders

This digest highlights a recent British Columbia Supreme Court case where the Court held that there are limits to the obligations that a corporation or its by-laws may contractually impose on a shareholder, including requiring a shareholder to take out liability insurance.

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Digest of the Week – Summary Judgment Not Available When Reasonable Inquiries Should Have Been Made

This digest highlights a recent Ontario Superior Court of Justice case where the Court held that summary judgment to dismiss an action against a bank was not available when there were glaring inconsistencies in the documents submitted to the bank, and the bank should arguably have made reasonable inquiries based on these inconsistencies.

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Digest of the Week | Evidence on appeal

The Ontario Divisional Court reviews the powers and duties of an appellate court when considering new evidence on an appeal.

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Digest of the Week – Hearsay Evidence Inadmissible at Hearing to Determine Entitlement to and Quantum of Damages

This digest highlights a recent Federal Court of Appeal decision where the Court remitted the matter back to the lower court for redetermination of entitlement to and quantum of damages in a section 8 NOC action where the trial judge improperly relied on hearsay evidence.

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Digest of the Week | Support Animal

BC court grants complainant's application to testify with pet dog on her lap at dangerous offender hearing

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Digest of the Week | Bargaining Unit

Canada Industrial Relations Board lacked jurisdiction to certify bargaining unit of employees working for commercial manufacturer of medical cannabis

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Digest of the Week – Computer Software Programs are “Goods”

This digest highlights a recent Federal Court decision where the Court held that computer software programs are goods, rather than services, irrespective of whether they are sold on disks or access over the internet.

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Digest of the Week | Warrantless Search

Court held that officer could not rely on intuition as basis for warrantless search of university student's backpack

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