Written on June 11, 2012.
A British Columbia town has banned ice cream trucks from broadcasting their iconic song. A bylaw recently approved by West Kelowna district council forbids the traditional, chiming music that ice cream truck drivers use to attract customers. Read more: http://www.ctv.ca/CTVNews/TopStories/20120526/ice-cream-trucks-silent-bc-community-120526/#ixzz1xVEFOO8k
Written on June 11, 2012.
On Friday, June 8th, 2012, the Honourable Justice Brian Shaughnessy, who was the Trial Judge, awarded the Defendants costs for defending the Plaintiff’s action through trial as follows: Region of York – $55,000 for fees plus applicable GST/HST, and $36,052.91 for disbursements. Fermar Paving was awarded $40,000 for fees plus GST/HST, and $38,783.94 for disbursements. […]
Written on May 18, 2012.
A British Columbia Court of Appeal decision to enforce a waiver of liability has important implications for aviation related businesses that provide services for extreme sports (Loychuk v Cougar Mountain Adventures, [2012] BCJ No 504) . The case itself involved zip-lining and had no aviation component. However the Court’s analysis could be applied to those involved in […]
Written on May 17, 2012.
The Supreme Court of Canada is now set to consider the Application for Leave to Appeal from the Court of Appeal for Ontario’s decision in Giuliani v. Milton et. al.. The decision by the ONCA issued last December, effectively gutted sections 4 and 5 of the Minimum Maintenance Standards, O.Reg 239/02, and rendered them useless […]
Written on May 17, 2012.
The Supreme Court of Canada has dismissed the Plaintiff’s application for leave to appeal, with costs, in Morsi v. Fermar Paving et. al.. The Court of Appeal for Ontario set aside the trial decision of Justice Brian Shaughnessy last year, in which he found the Region of York and its contractor Fermar Paving, each 25% […]
Written on March 29, 2012.
Beware the newest fad for counsel responding to your motion for Summary Judgment….the “Motion for Directions”. One aspect of the recent Ontario Court of Appeal decision in the Combined Air case that some have overlooked is the CA’s endorsement of the bringing of a “motion for directions” as a sort of pre-emptive strike against a […]