34 (B.C.C.A.) at 36: In my view, the determination whether an appeal should be dismissed in such circumstances is not truly a matter of discretion. It ...
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been properly resolved at trial or to have been settled before the appeal and cross appeal came on for hearing. But each says that the fault lies with ...
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Balla's action would have been over - a final effect giving the right of appeal. It follows then that if the application goes the other way, as it did ...
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of counsel, I have concluded that it has no application to the issues on appeal, and I will not refer to it further. BACKGROUND [7] I do not propose ...
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under this Act" unless the taxpayer in the pleadings or in his Notice of Appeal (or, if he be a respondent in this Court, in his reply to the Notice ...
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the law, nor create it, but assist it. [69] I would therefore allow the appeal and award to the appellants the sum of $1,000,000.00, together with ...
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language, not reality. It is the same story with a different title. [29] On appeal, (1986), 9 B.C.L.R. (2d) 190 (C.A.), Mr. Justice Esson, referring ...
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to be fixed if necessary by the Registrar. The order forcosts in the Court of Appeal is set aside and in its place there will be an order infavour of ...
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430 per Cooke J.2 Antons Trawling Ltd v Minister of Fisheries (Court of Appeal, CA 575/07, 19 November 2007)at para [35].relevance was the absence of ...
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the covenant not to solicit staff. Only the quantum is at issue on appeal of that award. [14] In June 2003, Drs. McCaig and Gowdy negotiated, but did ...
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