Results.
14 judgments found.
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| October 2020 |
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28 October 2020 |
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Application under slip rule improperly used to seek substantive rehearing and was filed out of time under Rule 48's fourteen‑day limit.
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Civil procedure — Slip rule (Rule 78) — Correction limited to clerical errors or accidental slips, not substantive rehearing; Rule 48(5) — procedural route and 14‑day time limit for applications involving appellate decisions; Res judicata and finality of appellate judgments.
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28 October 2020 |
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27 October 2020 |
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Applicant failed to disclose compelling reasons or prospects of success; leave to appeal refused and motion dismissed.
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Appellate procedure — Leave to appeal to Supreme Court — Section 13 Court of Appeal Act — Threshold of reasonable prospects of success and compelling reasons — Affidavit must disclose specifics; land disputes not per se public importance.
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27 October 2020 |
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Leave to appeal denied where appellants failed to disclose compelling reasons or reasonable prospects under section 13.
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Leave to appeal — Section 13 Court of Appeal Act — requirement to show compelling reasons and reasonable prospects of success — Rule 48 Supreme Court Rules — land dispute not automatically public importance.
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27 October 2020 |
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8 October 2020 |
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An application to set aside a single-judge dismissal filed over three years late without leave was incompetent and dismissed with costs.
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Civil procedure — Supreme Court Rules, Rule 48(1) and (4) — Time limit for challenging single-judge decisions (14 days) — Requirement of leave for late applications — Motion filed over three years late held incompetent and dismissed with costs.
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6 October 2020 |
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6 October 2020 |
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Appellant’s motion and appeal dismissed for non‑compliance with mandatory time limits under Rules 48 and 54.
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Civil procedure — appeal procedure — filing record of appeal out of time — leave to file out of time — Supreme Court Rules: Rule 12(1)-(2), Rule 48(1),(4), Rule 54 — time limits — competence of motion to vary single judge decision.
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6 October 2020 |
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Assessment of mass VSS and pension claims set aside; remitted for individual recomputation with clarified pension, VSS and interest rules.
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Civil procedure — Assessment of damages — Multi‑claimant assessment methodology; use of spreadsheets and need for individual awards — High Court Act s.23 Civil procedure — Remittal for computation — Appointment of referee/actuary where many claimants Pension law — Portable pension benefits — 70% actuarial reserve, treatment of augmentation and ex gratia payments — Pension Scheme Regulations s.18 Employment law — VSS and salary arrears — Effect of collective agreement effective date on entitlement to backpay
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5 October 2020 |
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Assessment was incomplete; allowance inclusion in VSS upheld, many assessments remitted for recomputation by a referee.
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Civil procedure — Assessment of damages — Mass claims — necessity for individualised, itemised computations or appointment of a referee under s.23 High Court Act; Employment/pension law — VSS and pension calculations — allowances included in emoluments for VSS; 70% actuarial reserve shortfall payable to deferred pensioners; Ex gratia payments versus pension; Interest — proper rates and periods; Burden of proof — claimants must prove allowance entitlements.
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5 October 2020 |
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2 October 2020 |
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2 October 2020 |
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1 October 2020 |