Medical Negligence: Mental Injury; Evidence
What are the evidentiary requirements to prove mental injury in Canada?
read more
Real Property: Prescriptive Easements
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.”
read more
Construction Law: Builders’ Liens
This case provides important guidance with respect to the registration requirements in s. 34 of the Builders’ Lien Act.
read more
Criminal Law: Uneven Scrutiny to Credibility Evidence
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.
read more
Civil Litigation: Applications to Restore Appeal
Rule 14.47(a) of the Rules provides that the application to restore “must be filed and served as soon as reasonably possible”.
read more
Appeals: Reply Factums Exceptional
When should an appellant seek to file a reply factum?
read more