Club Resorts Ltd V Van Breda
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Club Resorts Ltd V Van Breda
''Club Resorts Ltd v Van Breda'', 2012 SCC 17, is a decision of the Supreme Court of Canada that has brought greater certainty to the question of a real and substantial connection in the assumption of civil jurisdiction by Canadian courts in matters concerning the conflict of laws. The facts In separate cases, two individuals were injured while on vacation outside of Canada. Van Breda suffered catastrophic injuries on a beach in Cuba, and Charron died while scuba diving there. Actions were brought in Ontario against a number of parties, including Club Resorts Ltd., a company incorporated in the Cayman Islands, that managed the two hotels where the accidents occurred. Club Resorts sought to block those proceedings, arguing that: :* the Ontario courts lacked jurisdiction, and, in the alternative, :* a Cuban court would be a more appropriate forum on the basis of the doctrine of ''forum non conveniens''. In both cases, the judges at first instance held that Ontario courts did h ...
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Ontario Court Of Appeal
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ...
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Beals V
Beals may refer to: * Beals, Maine, a town in the United States * Beals syndrome, a rare congenital connective tissue disorder * Beals (crater), a lunar crater ;People * Alyn Beals (born 1921), American football player * Beals Becker (1886–1943), American baseball player * Beals Wright (1879–1961), American tennis player * Carlyle Smith Beals (1899–1979), Canadian astronomer * Dick Beals (1927–2012), American voice actor * Gary Beals (born 1982), Canadian singer * Jennifer Beals (born 1963), American film actress * Melba Pattillo Beals (born 1941), American journalist and member of the Little Rock Nine * Othilia Carroll Beals (1875–1970), American lawyer and judge * Richard Beals (mathematician) (born 1938), American mathematician * Vaughn Beals, American businessman who was CEO and then chairman of Harley-Davidson * Walter B. Beals, presiding judge from Washington, in the Doctors' Trial See also * Beal (other) Beal may refer to: Places United Kingdom *B ...
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2012 In Canadian Case Law
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. In conventions of sign where zero is considered neither positive nor negative, 1 is the first and smallest positive integer. It is also sometimes considered the first of the infinite sequence of natural numbers, followed by  2, although by other definitions 1 is the second natural number, following  0. The fundamental mathematical property of 1 is to be a multiplicative identity, meaning that any number multiplied by 1 equals the same number. Most if not all properties of 1 can be deduced from this. In advanced mathematics, a multiplicative identity is often denoted 1, even if it is not a number. 1 is by convention not considered a prime number; this was not universally accepted until the mid-20th century. Additionally, 1 is the s ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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Canadian Civil Procedure Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Conflict Of Laws Case Law
Conflict may refer to: Arts, entertainment, and media Films * ''Conflict'' (1921 film), an American silent film directed by Stuart Paton * ''Conflict'' (1936 film), an American boxing film starring John Wayne * ''Conflict'' (1937 film), a Swedish drama film directed by Per-Axel Branner * ''Conflict'' (1938 film), a French drama film directed by Léonide Moguy * ''Conflict'' (1945 film), an American suspense film starring Humphrey Bogart * ''Catholics: A Fable'' (1973 film), or ''The Conflict'', a film starring Martin Sheen * ''Judith'' (1966 film) or ''Conflict'', a film starring Sophia Loren * ''Samar'' (1999 film) or ''Conflict'', a 1999 Indian film by Shyam Benegal Games * ''Conflict'' (series), a 2002–2008 series of war games for the PS2, Xbox, and PC * ''Conflict'' (video game), a 1989 Nintendo Entertainment System war game * '' Conflict: Middle East Political Simulator'', a 1990 strategy computer game Literature and periodicals * ''Conflict'' (novel) ...
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McMillan LLP
McMillan LLP is a Canadian business law firm serving public, private and not-for-profit clients across various industries in North America and around the world. McMillan LLP is the only national Canadian law firm with an office in Hong Kong, in addition to its offices across Canada in Vancouver, Calgary, Toronto, Ottawa and Montréal''.'' The firm has industry groups in different sectors such as technology, energy, oil and gas, mining, construction and infrastructure, automotive, and transportation.   Founding Firms and Mergers The firm was founded by Newton Rowell in 1903.  At this time, it consisted of three lawyers and was called Rowell, Reid and Wood. By 1910, the firm more than doubled to seven lawyers, a size it kept until the mid-twenties. Gordon McMillan joined the firm in 1921 and practiced for over half of a century, bringing notable clients such as Monarch and BorgWarner. In 1926, Rhodes Scholar Roland Michener and Osgoode Hall graduate Daniel Lang formed Lang Mich ...
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Osler, Hoskin & Harcourt
Osler, Hoskin & Harcourt LLP is a Canadian-based law firm founded in 1862. Osler is considered one of the Seven Sisters (law firms), a historical collection of seven law firms with offices in Toronto, Ontario. History The firm was founded in 1862 by Britton Bath Osler, the eldest of three famous brothers — the other two being Sir William Osler, one of the four founding professors of Johns Hopkins Hospital, and Edmund Boyd Osler, an early president of the Dominion Bank (now, TD Bank). Osler would later join D'Alton McCarthy's Toronto partnership, subsequently known as McCarthy, Osler, Hoskin and Creelman. It was McCarthy's firm, Boulton & McCarthy, in Barrie, Ontario, which eventually became the firm now known as McCarthy Tétrault, reflecting the common heritage of the two firms. McCarthy, Osler, Hoskin and Creelman became a leading law firm in Toronto. In 1968, Osler became the first large corporate law firm in Canada to admit a woman as a partner, Bertha Wilson, who wen ...
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Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP (Blakes) is an international corporate law firm with offices in Montreal, Ottawa, Toronto, Calgary, Vancouver, New York City, and London. History Blakes was launched in 1856 after Dominick Edward Blake was called to the bar and entered into partnership with Stephen M. Jarvis in Toronto. Soon it was Blake & Blake when brother Samuel Hume Blake joined. In 1867, Blakes incorporated what would become Canadian Imperial Bank of Commerce. The bank remains one of the firm's oldest clients. In 1878, Blakes was the first business in Canada to install a telephone system that provided a direct link to the offices of the Ontario Court of Appeal and the Supreme Court of Canada at Osgoode Hall. In 1882, Zebulon Aiton Lash joined Blakes and began building a corporate law practice.Christopher Moore. The Law Society of Upper Canada and Ontario's Lawyers, 1797-1997'. University of Toronto Press; 1997. . p. 153–. By 1885, with 15 lawyers, Blakes was among the l ...
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Libel Tourism
Libel tourism is a term, first coined by Geoffrey Robertson, to describe forum shopping for libel suits. It particularly refers to the practice of pursuing a case in England and Wales, in preference to other jurisdictions, such as the United States, which provide more extensive defenses for those accused of making derogatory statements. A critic of English defamation law, journalist Geoffrey Wheatcroft attributes the practice to the introduction of no win no fee agreements, the presumption that derogatory statements are false, the difficulty of establishing fair comment and "the caprice of juries and the malice of judges." Wheatcroft contrasts this with United States law since the ''New York Times Co. v. Sullivan'' case. "Any American public figure bringing an action now has to prove that what was written was not only untrue but published maliciously and recklessly." Two other critics of English defamation law, the US lawyers Samuel A. Abady and Harvey Silverglate, have cited the ...
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Libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ...
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Hunt V
Hunting is the human practice of seeking, pursuing, capturing, or killing wildlife or feral animals. The most common reasons for humans to hunt are to harvest food (i.e. meat) and useful animal products (fur/ hide, bone/tusks, horn/antler, etc.), for recreation/taxidermy (see trophy hunting), to remove predators dangerous to humans or domestic animals (e.g. wolf hunting), to eliminate pests and nuisance animals that damage crops/livestock/poultry or spread diseases (see varminting), for trade/tourism (see safari), or for ecological conservation against overpopulation and invasive species. Recreationally hunted species are generally referred to as the ''game'', and are usually mammals and birds. A person participating in a hunt is a hunter or (less commonly) huntsman; a natural area used for hunting is called a game reserve; an experienced hunter who helps organize a hunt and/or manage the game reserve is known as a gamekeeper. Many non-human animals also hunt (see predat ...
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