Results.
8 judgments found.
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| August 2013 |
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Prior threats and cumulative circumstantial evidence sufficed to convict the accused of murder by arson.
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Criminal law — Murder by arson: malice aforethought established by setting combustible dwelling alight; circumstantial evidence (threats, voice identification, presence, footprints, inconsistent statements) sufficient to convict; victim's re‑entry immaterial
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28 August 2013 |
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Conviction for murder where prosecution proved identity, causation and intent; provocation defence unavailable to divorced spouse.
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Criminal law — Murder: elements (death, unlawful act, causation, identity, malice aforethought) — identification evidence at night — alibi — provocation defence unavailable to divorced spouse
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26 August 2013 |
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A party seeking joinder in judicial review must comply with Order 53 RSC and show concrete sufficient interest.
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Judicial Review
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Procedure for Joinder — Order 53 RSC governs joinder under s.10 High Court Act
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Joinder — Sufficient Interest (Locus Standi) — Concrete legal interest required, not abstract inconvenience
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22 August 2013 |
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Fatal head injuries established unlawful assault, but provocation reduced murder to manslaughter.
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Criminal law — Homicide: medical evidence disproving drowning; last-seen and admissions corroborated by recovery of clothing — Provocation as defence reducing murder to manslaughter
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21 August 2013 |
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Claim against lessor for leased-truck repairs dismissed: no collateral contract, no agency, compound interest disallowed.
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Contract law — privity of contract; collateral contract exception; agency — authority to bind principal; lease obligations for repairs; compound interest requires express agreement or acquiescence; sale of leased chattel requires lessor consent
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21 August 2013 |
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14 August 2013 |
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Judicial review dismissed as out of time, based on repealed law, and because a statutory appeal was not pursued.
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Administrative Law
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Judicial Review — Time limits and promptness (Order 53) — Application must be made promptly and within three months
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Alternative remedy — Statutory right of appeal to the Minister ordinarily bars judicial review where not pursued
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Repealed statute — Proceedings cannot be sustained under repealed legislation
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11 August 2013 |
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High Court action to enforce a Small Claims Court judgment was dismissed for failure to exhaust Small Claims Court enforcement procedures.
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Civil procedure — Small Claims Courts Act (ss.21, 24) — enforcement of Small Claims Court judgments — proper forum for enforcement — attempted piercing of corporate veil — failure to exhaust statutory remedies
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7 August 2013 |