Posts tagged Evidence

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No by-law coverage for undamaged portions of an elevator shaft
No by-law coverage for undamaged portions of an elevator shaft Insurance Law Blog No by-law coverage for undamaged portions of an elevator shaft by Michael Robinson
February 27, 2024
A battle between experts is to be fought in a trial proper: conflicts in expert evidence weigh against suitability for summary trial
A battle between experts is to be fought in a trial proper: conflicts in expert evidence weigh against suitability for summary trial Insurance Law Blog A battle between experts is to be fought in a trial proper: conflicts in expert evidence weigh against suitability for summary trial by Mollie Clark
November 29, 2023
Proof of a material change in risk due to alleged affiliation with criminals requires evidence going beyond speculation
Proof of a material change in risk due to alleged affiliation with criminals requires evidence going beyond speculation Insurance Law Blog Proof of a material change in risk due to alleged affiliation with criminals requires evidence going beyond speculation by Mark McPhee
June 13, 2023
HRT’s decision to summarily dismiss complaint set aside in part because of its failure to consider new medical evidence about complainant’s diagnosis that had been provided after the employer’s impugned decisions had been made
HRT’s decision to summarily dismiss complaint set aside in part because of its failure to consider new medical evidence about complainant’s diagnosis that had been provided after the employer’s impugned decisions had been made Administrative Law Blog HRT’s decision to summarily dismiss complaint set aside in part because of its failure to consider new medical evidence about complainant’s diagnosis that had been provided after the employer’s impugned decisions had been made by Kara Hill
May 16, 2023
Impossibility of Compliance Defence – Mount Polley’s attempt at avoiding contravention of its permit
Impossibility of Compliance Defence – Mount Polley’s attempt at avoiding contravention of its permit Administrative Law Blog Impossibility of Compliance Defence – Mount Polley’s attempt at avoiding contravention of its permit by Adam R. Way
October 18, 2022
Administrative Law Blog Court upholds decision of the WCAT dismissing appeal for the failure to file claim application within the one-year limitation period June 21, 2022
Administrative Law Blog Court upholds decision of the Human Rights Commissioner that concluded there was insufficient evidentiary basis to move the complaint to a tribunal hearing March 15, 2022
I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision
I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision Administrative Law Blog I take it back! In certain circumstances, an administrative body can correct a breach in procedural fairness by reopening the relevant decision by Mollie Clark
February 22, 2022
The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof
The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof Administrative Law Blog The case of the missing dollar: Arbitrator’s decision found procedurally unfair after reversing burden of proof by Adam R. Way
February 22, 2022
Finding of professional misconduct reversed on basis that College failed to specific elements of allegation in citation Administrative Law Blog Finding of professional misconduct reversed on basis that College failed to specific elements of allegation in citation by Joel A. Morris*
October 19, 2021
Administrative Law Blog Residential Tenancy Branch decision failed to adequately articulate the reasons for its decision and the matter was remitted back to the Residential Tenancy Branch October 19, 2021
Don’t lose sight of the forest for the trees when considering a duty to defend
Don’t lose sight of the forest for the trees when considering a duty to defend Insurance Law Blog Don’t lose sight of the forest for the trees when considering a duty to defend by Mark McPhee
February 9, 2021
Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so
Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so Administrative Law Blog Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so by Kara Hill
January 19, 2021