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CATEGORIES: Digest of the Week

Parties were in relationship for eight years, but nature of relationship was at issue. Evidence was clear that parties dated for long time, but they never established common-law relationship.

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Trial judge upheld validity of codicil holding that burden of proving due execution of codicil was satisfied.

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In action for annulment on ground of non-consummation, defendant could be deemed incompetent when refusing to submit to medical treatment or examination if non-consummation was established to court's satisfaction

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Fresh evidence disclosed that children continued to be very high needs for special services, monitoring and other forms of intervention; due diligence requirement for admission of fresh evidence was diminished here because evidence focused on ongoing nature of children's needs and behavioural challenges, as well as parents' ability to meet those needs

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Onus of establishing reasonable apprehension of bias was not discharged. Questions posed by court were straightforward and routine. Reasonable person would understand there was distinction between voir dire decision and final decision.

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Question of whether relationship between parties was marriage-like required multi-faceted inquiry

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On consideration of relationship between franchisee and franchisor, franchisee was employee rather than independent contractor and entitled to compensation

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The Canadian Standards Association is a federal not-for-profit corporation governed by the Canada Not-for-profit Corporations Act, S.

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Private corporations incorporated under the Canada Business Corporations Act (CBCA) will need to adhere to new requirements that were introduced in Bill C-86, the Budget Implementation Act, 2018, No.

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Matrimonial Claim Brought Under Guise of Estate Claim The Estate of Lois Jean Davey v.

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Plaintiff pharmaceutical company had received four patents for antibiotic cefaclor in 1980's, which were set to expire between October 1999 and July 2000 — In 1996, defendant pharmaceutical company was advised that it would face infringement action by plaintiff if it entered market with generic version of cefaclor — After defendant filed its first notice of compliance for antibiotic in 1997, it began selling its various capsules of cefaclor on Canadian market — In 1998, defendant entered into new contract with company to have cefaclor be made through new process thereby designing around plaintiff's patent by creating cefaclor 2 — Plaintiff brought successful action against defendant alleging that defendant infringed its patents for manufacture of antibiotic cefaclor

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Employee was terminated without cause after less than six months' employment; employee was bound by six-month probation clause

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