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Friday, July 2, 2010. Innes v. Bui. When should the court exercise its discretion against applying res judicata? Motor vehicle case, the plaintiff's claim in negligence had been dismissed on a Rule 18 application on the ground of cause of action estoppel. The chambers judge considered each motion separately. She concluded that the defendant's position was correct, and accordingly dismissed the action, rendering the plaintiff's motion moot. Labels: causation; negligence; shareholders agreement. The Court ...

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On Higher Authority | bcappeals.blogspot.com Reviews

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Friday, July 2, 2010. Innes v. Bui. When should the court exercise its discretion against applying res judicata? Motor vehicle case, the plaintiff's claim in negligence had been dismissed on a Rule 18 application on the ground of cause of action estoppel. The chambers judge considered each motion separately. She concluded that the defendant's position was correct, and accordingly dismissed the action, rendering the plaintiff's motion moot. Labels: causation; negligence; shareholders agreement. The Court ...

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On Higher Authority | bcappeals.blogspot.com Reviews

https://bcappeals.blogspot.com

Friday, July 2, 2010. Innes v. Bui. When should the court exercise its discretion against applying res judicata? Motor vehicle case, the plaintiff's claim in negligence had been dismissed on a Rule 18 application on the ground of cause of action estoppel. The chambers judge considered each motion separately. She concluded that the defendant's position was correct, and accordingly dismissed the action, rendering the plaintiff's motion moot. Labels: causation; negligence; shareholders agreement. The Court ...

INTERNAL PAGES

bcappeals.blogspot.com

1

On Higher Authority: Giles v. Westminster Savings and Credit Union

http://bcappeals.blogspot.com/2010/06/giles-v-westminster-savings-and-credit.html

Sunday, June 27, 2010. Giles v. Westminster Savings and Credit Union. Can parties to an action opt out of res judicata. Is a defendant entitled to double costs if his nominal pre-trial offer is higher than the plaintiff's award at trial? The ten plaintiffs' cases were dismissed, and the defendants moved for a dismissal of the remaining plaintiffs' claims on the grounds of issue estoppel. The plaintiffs objected on the principal ground that the defendants could not rely on res judicata. Is a general rule ...

2

On Higher Authority: Zeitler v. Zeitler (Estate)

http://bcappeals.blogspot.com/2010/06/zeitler-v-zeitler-estate.html

Sunday, June 20, 2010. Zeitler v. Zeitler (Estate). Can an estate escape liability for capital gains on property if that property was transferred to the deceased from a spouse at market value and the transferor spouse cannot avoid the attribution provisions of the Income Tax Act. The opinion concluded that the 1987 transfers were not structured to avoid the attribution provisions of the Income Tax Act. The Court of Appeal criticized this approach. It reviewed the correct approach to implied terms, an...

3

On Higher Authority: December 2009

http://bcappeals.blogspot.com/2009_12_01_archive.html

Sunday, December 27, 2009. TELUS Communications Co. v. Rogers Communications Co. Can an interim injunction be granted for a statute-derived claim where the statute does not provide for such relief? Can a fine print explanation deflect claims of false advertising? The claim which it explains. Fine print can't fix everything. Belron Canada Inc. v. TCG International Inc. (BC CA). Does the breach of a negative covenant entitle the covenantee to an interim injunction without proof of irreparable harm or consi...

4

On Higher Authority: February 2010

http://bcappeals.blogspot.com/2010_02_01_archive.html

Wednesday, February 17, 2010. De Cotiis v. McLellan. Must a lawyer acting on behalf of a company warn an unrepresented shareholder of the consequences of a shareholder's agreement? Labels: causation; negligence; shareholders agreement. Knauf v. Chao. Is the failure to raise objections to submissions at trial fatal to an appeal grounded on the objectionable submissions? In this matter, the appellant defendants sought a new trial on the grounds that evidence had been improperly admitted, that the plaintiff...

5

On Higher Authority: July 2010

http://bcappeals.blogspot.com/2010_07_01_archive.html

Friday, July 2, 2010. Innes v. Bui. When should the court exercise its discretion against applying res judicata? Motor vehicle case, the plaintiff's claim in negligence had been dismissed on a Rule 18 application on the ground of cause of action estoppel. The chambers judge considered each motion separately. She concluded that the defendant's position was correct, and accordingly dismissed the action, rendering the plaintiff's motion moot. Labels: causation; negligence; shareholders agreement. The Court ...

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On Higher Authority

Friday, July 2, 2010. Innes v. Bui. When should the court exercise its discretion against applying res judicata? Motor vehicle case, the plaintiff's claim in negligence had been dismissed on a Rule 18 application on the ground of cause of action estoppel. The chambers judge considered each motion separately. She concluded that the defendant's position was correct, and accordingly dismissed the action, rendering the plaintiff's motion moot. Labels: causation; negligence; shareholders agreement. The Court ...

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