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A parenting dispute over equal shared parenting was resolved in the father's favour after the court rejected the mother's abuse allegations and found her credibility lacking.
The claim was dismissed because the Tribunal found the claimant not credible due to deliberate misrepresentations in visa and PIF forms and inconsistent accounts, and in any event found a reasonable and safe Internal Flight Alternative in Mumbai or Calcutta such that there was no serious possibility of persecution nor a s.97 risk if returned.
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On the balance of probabilities the collision was caused solely by defendant Tracey Johnson driving out from the stop sign into the plaintiffs' path; Trevor MacDonald was the motorcycle operator and had no realistic opportunity to avoid the collision. Although plaintiffs (especially Trevor) exhibited extensive dishonesty, fabrication and failure to mitigate that undermined subjective medical evidence, objective injuries were proven and plaintiffs are entitled to damages reduced to reflect pre-existing conditions and conduct; award general damages of $20,000 to each plaintiff, special damages…
Source excerpt
Employment and contract trial finding wrongful dismissal, enforceable verbal account-sale agreements, and unpaid bonus; punitive damages and counterclaim dismissed.
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