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Digests

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Thursday, March 14, 2019 @ 8:54 AM

ADMINISTRATION OF ESTATE - Receivers - Duties and powers

Appeal by the guarantors from a decision vacating an earlier order approving the sale of the debtor’s assets and approving a new agreement between the receiver and a nominee of the main secured creditor for the purchase of the debtor’s assets. ... [read more]

Wednesday, March 13, 2019 @ 6:09 AM

JURISDICTION - Courts - Superior courts

Appeal by Zreik from an order dismissing her application for an order in the nature of mandamus with certiorari in aid on the basis that the application ought properly to be heard in the Divisional Court. ... [read more]

Wednesday, March 13, 2019 @ 6:09 AM

CIVIL PROCEDURE - Summary judgments - To dismiss action

Appeal by the plaintiff from summary judgment dismissing his action against the respondent University for loss of income, pain and suffering, and out of pocket expenses resulting from his having been deprived of the opportunity to complete a Ph.D. degree. ... [read more]

Tuesday, March 12, 2019 @ 8:35 AM

PROCEDURE - Information or indictment - Joinder or severance of counts

Appeal by Durant from his conviction, by jury, of two counts of first degree murder. ... [read more]

Tuesday, March 12, 2019 @ 8:32 AM

MAINTENANCE AND SUPPORT - Child support - Variation or termination of obligation

Appeal by the father from an order dismissing his application for variation of a lump sum child support award and extraordinary expenses based on material change in circumstances and granting the mother’s application to enforce payment and have previous cost orders characterized as maintenance which survived the father’s bankruptcy. ... [read more]

Monday, March 11, 2019 @ 9:44 AM

DISCRIMINATION - Prohibited grounds - Family status

Appeal by the employer from the dismissal of its judicial review application from a decision of the Human Rights Tribunal denying its application to dismiss a former employee’s complaint of adverse effect discrimination on a preliminary basis. ... [read more]

Monday, March 11, 2019 @ 9:42 AM

POWERS OF SEARCH AND SEIZURE - Search warrants - Validity

Application by the accused, charged with two counts of first degree murder, for a declaration his s. 8 Charter rights were breached in connection with the police search of his cell phone. ... [read more]

Monday, March 11, 2019 @ 9:39 AM

ACTIONS - Legislation - Summary judgments - Limitation periods

Motion by the defendant insurer for summary judgment to dismiss the plaintiffs’ action. ... [read more]

Friday, March 08, 2019 @ 8:44 AM

EVIDENCE - Witnesses - Credibility

Appeal by the accused from conviction for sexual assault. ... [read more]

Friday, March 08, 2019 @ 8:42 AM

ADVERSE POSSESSION - Intention (to excluded paper title holder)

Appeal by Taylor from a judgment granting the respondent Estate adverse title to part of the appellant’s land based on adverse possession. ... [read more]