|
Citation
|
Judgment date
|
| August 2022 |
|
|
Applicant’s urgent s18 relief granted to implement transfer order pending appeal; cancellation of intermediary agreement effective 1 September 2021.
Insurance law — intermediary agreements and Master Policy — cancellation and effect on members; Superior Courts Act s18 — exceptional circumstances, irreparable harm and prospects of success; statutory change to definition of ‘group’ under Insurance Act — effect on transfer of book; non‑joinder — necessity of joining individual policyholders for provisional implementation of order.
|
30 August 2022 |
|
Court rescinded interlocutory separation order because confidentiality, misappropriation and damages issues were too intertwined to be tried separately.
Interlocutory procedure – separation order under Uniform Rule 33(4) – court may revisit/rescind interlocutory orders; convenience of severance – issues of confidentiality, misappropriation and unlawful use so interrelated that separate determination impractical; evidentiary and credibility overlap; costs of rescission to be costs in the action.
|
30 August 2022 |
|
Whether the particulars disclose a cause of action or are vague and embarrassing, and whether the claim is contract or delict.
Civil procedure – Exception to particulars – whether particulars disclose cause of action – vagueness and embarrassment – duty to plead material contractual terms and elements of delict. Contract v delict – relationship indicated a contract of services; claims must be pleaded in alternative and material terms and breach identified. Delict – wrongfulness and legal duty must be pleaded where pure economic loss is claimed; statutory inspection obligations and basis for liability must be pleaded.
|
16 August 2022 |
|
The plaintiff’s unchallenged evidence established a slip on a wet court floor; defendants’ mere appointment of a contractor did not discharge their duty, so both are jointly liable.
Premises liability – duty to keep premises reasonably safe – appointment of independent contractor does not absolve principal where reasonable steps to guard against foreseeable danger were not taken – application of Langley Fox test to slip-and-fall on wet floor – non-joinder/misjoinder of contractor insufficient to defeat plaintiff’s claim.
|
12 August 2022 |
|
Court enforces JBCC adjudicator’s monetary determinations, rejecting respondent’s set-off and impossibility defences and ordering payment.
Construction law – JBCC adjudication – enforceability of adjudicator’s determinations pending arbitration; set-off requires liquidated debts; specific performance of adjudicator’s monetary awards; role of termination finding in withholding payments.
|
10 August 2022 |
|
Political/contract appointee terminated for misconduct; MOA governed termination, collective agreement inapplicable, application dismissed with costs.
Administrative law – authority of municipal representatives and Rule 7 challenges to deponents/attorneys; Urgency – financial prejudice and non‑self‑created urgency can justify urgent relief; Employment law – distinction between political/contract appointments and permanent municipal employees; applicability of Collective Agreement and municipal Codes; Contract law – enforcement and cure of notice defects under a Memorandum of Agreement; Misconduct – threatening/aggressive conduct by a political appointee can justify summary termination under contract provisions.
|
5 August 2022 |