Results.
7 judgments found.
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| December 2012 |
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An association’s Saturday meetings do not violate the applicant’s conscience or equal protection absent positive coercive or discriminatory action.
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Constitutional law — Freedom of conscience (Article 19) — “Hindered” requires positive or threatened act; Discrimination (Article 23) — requires comparative evidence of different treatment by creed; Article 28 — locus for redress requires executive/administrative action in relation to complainant; Meetings on Saturdays — indirect inconvenience is insufficient absent coercion or sanction
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30 December 2012 |
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Whether alleged unreasonable behaviour under s9(1)(b) establishes irretrievable breakdown where parties still cohabit and maintain intimacy.
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Matrimonial Causes Act ss 8 & 9(1)(b) — irretrievable breakdown — ‘behaviour’ as conduct affecting the other spouse — objective test applied to the particular petitioner — cumulative conduct — cohabitation and continued sexual relations do not automatically bar divorce
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13 December 2012 |
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Acquittal alone does not establish malicious prosecution; plaintiffs failed to prove lack of reasonable grounds or malice.
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Tort — Malicious prosecution — Elements: prosecution, favourable termination, absence of reasonable and probable cause, malice — Acquittal not conclusive — Pleadings bind parties; new claims cannot be raised at submissions
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13 December 2012 |
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A practitioner acting against a former client and contacting a represented party must withdraw for conflict of interest.
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Legal practitioners’ conduct — conflict of interest — rule 33(1)(f) and (g) — duty of confidentiality — prohibition on communicating with a represented person (rule 37(3)) — removal from record — pending judicial review not a defense
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13 December 2012 |
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Driver’s excessive speed and inadequate vehicle maintenance rendered the carrier vicariously liable; damages to be assessed, insurer credit acknowledged.
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Negligence — duty of carriers to maintain vehicles and inspect tyres — res ipsa loquitur where defendants give no explanation — inevitable accident defence — vicarious liability of carrier — insurer payment credited but does not bar further claim
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13 December 2012 |
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Court removed a caveat after the respondent failed to justify an interest; compensation claim dismissed for lack of evidence.
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Lands and Deeds Registry Act (ss.76, 81, 82) — Removal of caveat — Ex parte proceedings where caveator absent — Burden on caveator to disclose interest — Compensation for malicious caveator requires proof of lack of reasonable cause and damage.
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12 December 2012 |
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An employer validly summarily dismissed an employee for prolonged unexplained absence and recovered erroneously paid wages.
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Employment law — summary dismissal for absenteeism — collective agreement permitting dismissal in absentia — requirement to produce medical certificate for sick leave — recovery of wages and benefits erroneously paid
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3 December 2012 |