Results.
23 judgments found.
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| August 2000 |
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An industrial tribunal may decline to deem a wrongful dismissal a retirement and award limited compensation absent exceptional circumstances.
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31 August 2000 |
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Whether a nullified dismissal requires deeming the applicant as retired absent exceptional circumstances; court affirmed discretionary compensation.
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Labour law — Industrial and Labour Relations Act s85A — remedies for unfair dismissal — discretion to award reinstatement, damages, or deem retirement — assessment of blame and exceptional circumstances in quantifying compensation.
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31 August 2000 |
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Unregistered, non-income-earning vehicle attracts no loss-of-business damages; capital award plus interest covers inflation; salvage goes to tortfeasor.
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Motor vehicle damage; unregistered vehicle; loss of business; capital value and interest as compensation for inflation; salvage vests in tortfeasor where full value recovered.
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31 August 2000 |
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Unregistered non-income-earning vehicle: no loss-of-business damages; capital award plus interest covers inflation; salvage goes to tortfeasor.
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Motor vehicle damage — assessment of damages — loss of business claims require evidence of income-earning at time of damage; inflation addressed by capital award and interest; salvage vests in tortfeasor where owner recovers full value.
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31 August 2000 |
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Promotion to non‑represented status removed collective agreement protection; court limited review to procedural fairness.
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Labour law — summary dismissal — applicability of collective agreement after promotion to non‑represented status — procedural fairness in disciplinary proceedings — limited scope of court review (not a rehearing of disciplinary findings).
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30 August 2000 |
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The respondent must plead exemplary damages and produce medical evidence to justify substantial damages for contaminated food.
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Negligence — restaurant duty of care — contamination of food (cockroach) — breach of duty under Food and Drugs Act; Damages — need for medical evidence to prove illness; Exemplary damages — must be specifically pleaded; Quantum of damages — appellate reduction of excessive award.
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24 August 2000 |
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Plaintiff must adduce credible medical evidence to sustain substantial damages for injury from contaminated food.
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Tort — Negligence — Duty of care and breach — Contaminated food — Quantum of damages — Necessity of credible medical evidence to prove consequential illness — Exemplary damages must be pleaded
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23 August 2000 |
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An ouster clause bars judicial review of a ministerial firearms-licensing decision based on executive security considerations.
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Administrative law — statutory discretion of Registrar under s26(2) Firearms Act; provisos limiting discretion; judicial review — exhaustion of remedies; ouster clause s12(7) — finality of ministerial appeal; non-justiciability of national security and executive policy considerations; reference to UN measures and regional security in licensing decisions
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23 August 2000 |
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Employer held vicariously liable for employee’s negligent driving while on an authorized family-emergency trip.
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Vicarious liability; scope of employment; frolic and detour; burden shifts to employer; authorization to use employer’s vehicle for family medical emergencies; application of FRASCHINI.
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22 August 2000 |
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Three convictions for theft/falsification quashed for insufficiency of evidence; conviction for unauthorized taking of cash upheld under section 265(2)(e).
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Criminal law — theft — unauthorized taking of cash under section 265(2)(e) — completed theft notwithstanding intent to repay; Evidence — insufficiency of third‑party assertions and documentary errors to prove theft; Military justice — credibility findings by court‑martial; Falsification and failure to record — liability where subordinate, not accused, made or omitted entry.
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22 August 2000 |
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Appellate court reduced a ten-year manslaughter sentence to five years, finding the trial judge's murder-like characterization unduly influenced sentencing.
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Criminal law — Manslaughter; sentencing — mischaracterisation of offence as murder; mitigation — honest belief in self-defence, circumstances at time of incident, and appellant's ill-health; appellate reduction of sentence.
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22 August 2000 |
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A pistol’s status as a "firearm" depends on its design and capability, not whether the ammunition found would fire in it.
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Criminal law — Armed aggravated robbery — Definition of "firearm" — Weapon’s design and capability govern classification — Wrong-calibre ammunition does not negate firearm status — Precedents: Timothy & Mwamba; Timothy Lunda.
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22 August 2000 |
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Court upheld aggravated robbery convictions, finding reliable identification and recovered property proved guilt beyond reasonable doubt.
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Criminal law — aggravated robbery — identification evidence and recognition in daylight — corroboration by recovery of stolen property and firearm — appellate review of trial judge’s evaluation of credibility and sufficiency of evidence.
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22 August 2000 |
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A weapon remains a "firearm" if capable of firing even when loaded with incorrect-calibre ammunition; conviction upheld.
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Criminal law — Armed aggravated robbery — Definition of "firearm" — Whether a pistol loaded with incorrect calibre ammunition remains a firearm — Wrong ammunition does not negate firearm status if weapon is capable of firing
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21 August 2000 |
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Recent-possession inference sustained where trial judge rejected accused’s explanation; appeal dismissed.
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Criminal law — Aggravated robbery — Recent possession doctrine — Accused's explanation for possession — Credibility and demeanour findings — Appellate deference to trial judge.
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9 August 2000 |
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Whether applicants were entitled to benefits beyond those expressly provided in the redundancy agreement, including retirement rules and allowances.
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Employment law — Redundancy agreement interpretation — entitlement to redundancy versus retirement rules — temporal effect of benefit increases — in-service allowances not necessarily part of redundancy package.
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9 August 2000 |
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Employer validly terminated employment by paying one month's salary in lieu of notice under the collective agreement.
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Employment law — collective agreement — termination by notice or pay in lieu (clause 7(c)) — distinction between dismissal and lawful contractual termination — remedy for procedural breach.
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9 August 2000 |
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Life sentences for manslaughter reduced to 30 years, balancing brutality of crime with guilty‑plea mitigation.
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Criminal law — Sentencing — Manslaughter — Brutal killings of officers — Weight of guilty plea and first‑offender mitigation — Protection of public officers — Substitution of sentence on appeal.
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8 August 2000 |
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Court reduced aggravated robbery sentence from 25 to 18 years, with the second appellant’s sentence pending an age report.
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Criminal law — Aggravated robbery (s.294(1)) — Sentence — Whether 25 years with hard labour excessive — Mitigation and substitution to 18 years — Age of second appellant subject to medical report.
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8 August 2000 |
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Eyewitness identification and recovery of stolen property upheld; appeal dismissed and sentence affirmed for aggravated robbery.
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Criminal law — aggravated robbery; eyewitness identification; identification parade; conduct of parade; corroboration by recovery of stolen property; credibility assessment.
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8 August 2000 |
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Whether a consent-ordered 90-day repayment period ran from the parties' agreed date or the judge's signing date.
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Civil procedure — Consent order — Interpretation of commencement date of agreed repayment period — Equitable mortgage — Possession and foreclosure — Appeal lacking merit.
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4 August 2000 |
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An interlocutory injunction was granted after the lower court improperly decided merits instead of weighing the balance of convenience.
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Civil law — Interlocutory injunction — Court must not decide merits of main action at interlocutory stage — Balance of convenience to be considered when granting or refusing interim relief
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3 August 2000 |
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Claimant failed to prove employer’s scheme used salary at death; appeal allowed and trial award overturned.
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Group life insurance — computation of death benefit — Renewal Date versus date immediately preceding death — burden of proof on claimant to establish applicable scheme rules — appellate review of trial findings.
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2 August 2000 |