43 total
Appeal dismissed; correspondence between counsel established a binding settlement on all essential terms.
The appellant husband appealed a motion judge's finding that a binding settlement had been reached in a divorce proceeding.
The parties had exchanged correspondence regarding an equalization payment, the payment of the children's lawyer's fees, and the handling of life insurance policies.
The Court of Appeal upheld the motion judge's finding that the parties had reached a consensus ad idem on all essential terms, noting that the husband's self-serving affidavit did not raise a triable issue.
The appeal was dismissed with costs awarded to the respondent wife.
Defamation appeal dismissed; article reasonably interpreted as reporting complaints rather than asserting truth of allegations.
The appellant appealed a trial judgment dismissing her defamation action against a newspaper and its reporters.
The Court of Appeal upheld the trial judge's finding that a reasonable reader would interpret the article as reporting complaints rather than asserting the truth of the allegations.
The appeal was dismissed.
Appeal dismissed; 6.5-month notice period upheld for 11-month employee induced to leave secure employment.
The appellants appealed a trial judgment awarding the respondent 6.5 months' notice for wrongful dismissal after 11 months of employment.
The appellants argued that the respondent's retention of $2,780 from a licensing fund constituted just cause for dismissal, that she had received prior notice of termination, and that the notice period was inordinately high.
The Court of Appeal dismissed the appeal, finding that the single act of retaining funds did not amount to just cause in context, that the prior events did not constitute legal notice, and that the notice period, while on the high side, was within the acceptable range given the respondent was induced to leave secure employment.