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The court dismissed the defendants’ application to cross-examine the plaintiff’s player affiants and expert on a proposed class-action certification record.
The court held that a single Minister’s Certificate could satisfy s. 16 of the HCCRA and admitted it, finding the certificate sufficient in substance despite imperfect wording.
The court found the buyer breached a real estate purchase contract, forfeited the $20,000 deposit, dismissed a negligent misrepresentation counterclaim, and awarded damages.
The court held that (1) whether the Libel and Slander Act applies to the internet publication and whether the internet posting was discoverable are genuine issues for trial; (2) the American single publication rule should not be applied, particularly across different media; (3) the plaintiffs gave timely and adequate s.5 notice in August 2008 but failed to assert the recaptured print libel within s.6's three-month period and so the recaptured print claim is statute-barred; (4) the Limitations Act, 2002 s.4 does not displace s.6; and (5) the negligence claim fails as a matter of law because th…
Source excerpt
Evidentiary ruling on Exhibit 13 in a vehicle defect trial: most challenged documents were admitted, but advertising, many complaints, and unrelated items were removed.
The court held that an order adding plaintiffs and refusing dismissal was interlocutory, not final, so leave to appeal was required.
The court dismissed a school-bleacher slip-and-fall claim, finding the bleachers were not proven unsafe and that the plaintiff’s footwear and inattention caused the fall.
The court dismissed the Kirkpatricks’ claim against the Attorney General and the Public Trustee, holding the s. 298 claim was time-barred and the Public Trustee owed no actionable duty.
The court allowed the plaintiff to add Concord Security as a defendant after limitation expiry, finding the balance of prejudice and convenience favoured amendment.
The court held Clarica Life liable for funds Ms. Wilson gave Carey Dennis as its agent, but dismissed the claim against Clarica Investco. Interest and costs were also addressed.
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