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Medical Negligence: Mental Injury; Evidence

Medical Negligence: Mental Injury; Evidence

24 May 2023 | Blog, Court of Appeal Decision of the Week

What are the evidentiary requirements to prove mental injury in Canada?

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Real Property: Prescriptive Easements

Real Property: Prescriptive Easements

17 May 2023 | Blog, Court of Appeal Decision of the Week

According to the C.A. “a prescriptive easement can be established after 20 years of continuous, uninterrupted, open and peaceful use without objection by the owner of the servient tenement if it was as of right, meaning without permission of the owner of the servient tenement.”

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Construction Law: Builders’ Liens

Construction Law: Builders’ Liens

10 May 2023 | Blog, Court of Appeal Decision of the Week

This case provides important guidance with respect to the registration requirements in s. 34 of the Builders’ Lien Act.

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Criminal Law: Uneven Scrutiny to Credibility Evidence

Criminal Law: Uneven Scrutiny to Credibility Evidence

3 May 2023 | Blog, Court of Appeal Decision of the Week

The Appellant in this case argues, inter alia, that the Trial Judge erred by applying “uneven scrutiny” to his evidence, engaging in “speculative or stereotypical thinking”, and that her reasons were insufficient.

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Civil Litigation: Applications to Restore Appeal

Civil Litigation: Applications to Restore Appeal

26 Apr 2023 | Blog, Court of Appeal Decision of the Week

Rule 14.47(a) of the Rules provides that the application to restore “must be filed and served as soon as reasonably possible”.

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Appeals: Reply Factums Exceptional

Appeals: Reply Factums Exceptional

19 Apr 2023 | Blog, Court of Appeal Decision of the Week

When should an appellant seek to file a reply factum?

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