Tag: Trials & Appeals & Compensation

Supreme Court Of Canada Reaffirms The Approach For Showing Abuse Of Process As It Relates To Delay In The Administrative Context – Trials & Appeals & Compensation

July 14, 2022 admin No Comments

In its 8-1 decision in Law Society of Saskatchewan v. abrametz, 2022 SCC 29, the Supreme Court of Canada reaffirmed the high bar required to demonstrate an abuse of process resulting from delay in the administrative context. In doing so, it declined an invitation to align the administrative law jurisprudence with its more recent attempts…

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Coverage For Business Losses From Covid-19 – A Louisiana Appellate Court Opens The Door – Insurance Claims

July 14, 2022 admin No Comments

To print this article, all you need is to be registered or login on Mondaq.com. Key Points: A Louisiana appeals court found it plausible that the coronavirus pandemic had caused “direct physical loss or damage” to a New Orleans restaurant’s property and accordingly found coverage for the resulting losses under the restaurant’s property insurance…

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Procedural Actions Following The Supreme Court Remand In Boechler – Tax Authorities

July 14, 2022 admin No Comments

Miller, Canfield, Paddock and Stone PLC 14 July 2022 Miller, Canfield, Paddock and Stone PLC To print this article, all you need is to be registered or login on Mondaq.com. Key Takeaways: Of Boechler PC, v. commissionerone(“boechler“), the Supreme Court held that the thirty-day period to petition the Tax Court…

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Striking A Balance Between Commercial Speech And Brand Protection: DABUR v. BAIDYANATH – Broadcasting: Film, TV & Radio

July 13, 2022 admin No Comments

To print this article, all you need is to be registered or login on Mondaq.com. Dabur India Limited (“Plaintiff”) had brought about a suit for grant of injunction against telecasting, broadcasting and publishing five advertisements by Shree Baidyanath Ayurved Bhavan Pvt. Ltd (“Defendant/ Respondent”) via all electronic mediums, TV Channels and other print media. With…

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Recent Developments In The Law Of Tracing In The Cayman Islands – White Collar Crime, Anti-Corruption & Fraud

July 12, 2022 admin No Comments

A plaintiff’s ability to trace money that has been misappropriated in breach of fiduciary duty has been strengthened by the recent decision of the Cayman Island’s Court of Appeal (CICA) in AHAB v SAAD.one basic principles The paradigm case Peter is a director of Puff the Magic Dragon Limited (puff). In breach of fiduciary duty,…

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No Jordan Rules For Administrative Tribunals – Trials & Appeals & Compensation

July 11, 2022 admin No Comments

The Supreme Court of Canada’s decision today in Law Society of Saskatchewan v Abrametz is a significant one for all lawyers practicing before administrative tribunals. In brief, the decision confirms that the three-part Blanche test for delay and abuse of process in administrative proceedings continues in force. To establish that a delay rises to the…

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Siegel v. Fitzgerald: Supreme Court Rules US Trustee Fee Hike Unconstitutional – Insolvency/Bankruptcy

July 11, 2022 admin No Comments

In its June 6, 2022 opinion in Siegel v. Fitzgerald, the United States Supreme Court resolved a circuit split and invalidated a 2017 statute that increased US Trustee fees in 48 states—but not Alabama or North Carolina—as unconstitutional under the uniformity requirement of the Constitution’s Bankruptcy Clause. See Siegel v. Fitzgerald596 US ___ (2022). US…

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Expert Witnesses: Be Prepared For Changes To Federal Rules Of Evidence – Trials & Appeals & Compensation

July 8, 2022 admin No Comments

To print this article, all you need is to be registered or login on Mondaq.com. Anyone serving as an expert witness should be aware that proposed amendments to Federal Rules of Evidence, Rule 702, could affect the admissibility of their expert testimony in the near future. These amendments, detailed below, concern two aspects of Rule…

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Dismissal Of Libel Suit Confirmed On Appeal –

July 7, 2022 admin No Comments

To print this article, all you need is to be registered or login on Mondaq.com. In its judgement, decided on the 23 March 2022, in the names of Adrian Muscat vs. Matthew Agius, the Court of Appeal in its inferior jurisdiction (the “Court of Appeal”), delivered by Judge Lawrence Mintoff, considered a case on libel…

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Est-Ce La Fin Des Actions Collectives Nationales Au Canada? – Trials & Appeals & Compensation

July 7, 2022 admin No Comments

To print this article, all you need is to be registered or login on Mondaq.com. Dance son jugement rendu le 19 avril 2022 dans l’affaire Option Consommateurs c. Nippon Yusen Kabushiki Kaishaone, le juge Donald Bisson de la Cour supérieure du Québec a refusé la suspension des procédures d’une action collective québécoise au profit du…

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