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CIVIL PROCEDURE - Pre-trial procedures - Preliminary determinations - Question of law

Wednesday, October 11, 2017 @ 8:34 AM  

Appeal by the defendants from a preliminary ruling on a question of law. The plaintiffs were the surviving kin of an inmate who died following a brief period of incarceration. They sought damages under the Family Law Act (FLA), plus special, punitive, aggravated and exemplary damages. A preliminary question of law asked whether legal expenses incurred as a result of the plaintiffs' participation in the coroner's inquest were legally recoverable. The motion judge ruled in the plaintiffs' favour, finding that s. 61(1) of the FLA provided...