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Citation
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Judgment date
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| September 2009 |
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Whether a company’s board may lawfully vary a collective agreement without the management/bargaining unit’s statutory consent.
Collective agreements — Variation of collective agreement — Bargaining unit defined as management — Board of directors cannot validly vary collective agreement absent statutory party consent — Pleadings and admission — Referral to Deputy Registrar for assessment of individual entitlements.
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24 September 2009 |
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Interlocutory injunction set aside because no status quo existed when sponsorship was withdrawn and the study period had expired.
Civil procedure – Interlocutory injunction – Status quo principle – Sponsorship withdrawn before proceedings – No preservation to restore – Timing of application; adequacy of damages as alternative remedy.
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18 September 2009 |
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Appellant's excessive 15-year sentence for child abduction reduced to a lawful eight-year term under section 136.
Criminal law – Abduction of a child – Sentencing – Section 136 Penal Code (minimum seven years, maximum ten years) – Excessive sentence – Appellate reduction to lawful term – Mitigation considered.
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11 September 2009 |
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Appeals from High Court chamber orders require mandatory leave and strict compliance with appeal filing rules; non-compliance renders appeals incompetent.
Civil procedure — appeal from orders made in chambers — section 24(1)(e) Supreme Court Act — mandatory leave to appeal — compliance with Rules 58 and 70 (Memorandum of Appeal and Heads of Argument) — arbitration exception (s.24(1)(e)(v)) inapplicable where not a special case stated — non-compliance renders appeal incompetent.
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3 September 2009 |
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Sentence of 40 years for defilement of a three‑year‑old reduced to 25 years; victim’s tender age is a valid aggravating factor.
Criminal law – Defilement – Sentencing – Whether 40 years’ imprisonment for defilement of a three‑year‑old was excessive – Plea of guilty and first‑offender status as mitigating factors – Victim’s tender age as legitimate aggravating factor – Statutory range 15 years to life permits judicial discretion.
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3 September 2009 |