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CATEGORIES: Digest of the Week

Digest of the Week | Criminal Negligence Causing Death

Accused provided drugs to victim who later died from extreme cold

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Digest of the Week | Functions of Judge and Jury

The Ontario Court of Appeal found that the trial judge properly instructed the jury on the fact that it was the trier of facts and clearly instructed the jury on legal issues such as the difference between negligence and error in professional judgment, and the onus of proof.

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Digest of the Week |  Bail Hearing

Ontario Court of Appeal holds that Gladue factors are applicable to bail hearings

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Digest of the Week | Meaning of

The British Columbia Supreme Court discusses how to interpret "survive ... by five days" in the Wills, Estates and Succession Act.

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Digest of the Week – Rectification of Contractual Agreement

This digest highlights a Supreme Court of Canada decision which allowed the Attorney General’s appeal from a lower court decision allowing rectification of a contract, holding that rectification was limited to cases where the agreement between the parties was not correctly recorded in the instrument that became the final expression of the agreement.

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The Alberta Court of Appeal allows a defendant in one application to be added as a respondent in the appeal of another defendant.

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Digest of the Week – Receivership Orders Not Subject to Collateral Attack

This digest highlights an Alberta Court of Appeal decision where the Court dismissed an appeal from a summary judgment motion dismissed the action, holding that orders made under receivership proceedings could not be subject to collateral attack.

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Digest of the Week | Discovery of Documents

The British Columbia Court of Appeal considers the issue of resisting production of documents in the discovery process.

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Digest of the Week – Oppression Remedy Has No Application to Personal Disputes About Ownership of Assets

This digest highlights a British Columbia Supreme Court decision where the Court dismissed an oppression remedy application, holding that the oppression remedy has no application to personal disputes about ownership of assets.

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Digest of the Week – Court has no jurisdiction to entertain dispute which is solely a matter of contract

This digest highlights a Federal Court decision where the Court dismissed an application to vary Patent Office records pursuant to an agreement to assign certain rights, holding that the court had no jurisdiction to entertain a dispute which is solely a matter of contract.

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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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