2 total
Appeal dismissed; Registrar failed to prove funeral home's alkaline hydrolysis operation posed public health risk.
The appellant Registrar appealed a Divisional Court decision upholding a Licence Appeal Tribunal finding that the Registrar failed to establish reasonable grounds to believe the respondent funeral home's low-temperature alkaline hydrolysis operation posed a risk to public health and safety.
The Court of Appeal dismissed the appeal, agreeing that the onus was on the Registrar to prove the risk, not on the respondent to prove safety.
The Court found no error in the Tribunal's conclusion that the precautionary principle did not apply and that conditions should not be imposed on the business.
Action for unpaid goods dismissed as defendants adequately disclosed they were acting for a corporation.
The plaintiff supplier claimed damages for unpaid goods against the individual defendants, arguing they were personally liable as the existence of their corporation was undisclosed.
The defendants argued the orders were placed on behalf of their corporation, which had been placed in receivership.
The court dismissed the action, finding that the plaintiff was aware the orders were made on behalf of the corporation, given the long history of payments from the corporate bank account and the prominent display of the corporation's registered business name.
