3 total
Boundary confirmed based on surveyor's replacement monument that best matched historical field note measurements.
The applicant sought to confirm the boundary between her property and the objector's property under the Boundaries Act.
The dispute centered on the location of 'Point B', with the applicant's surveyor relying on a short standard iron bar (SSIB) planted in 2018, and the objector's surveyor relying on a pipe found in 2016.
Applying the hierarchy of survey evidence, the Deputy Director of Titles found that the SSIB represented the best evidence of the original 'gas pipe' monument established in 1962, as its measurements aligned with historical field notes.
The application was allowed and the boundary proposed by the applicant was confirmed.
Motion to allow defendant to attend plaintiff's discovery dismissed due to likelihood of intimidation.
The defendant brought a motion to compel the 83-year-old plaintiff to attend an examination for discovery with the defendant present.
The plaintiff, who alleged the defendant (her son) misappropriated her funds and breached his fiduciary duty, argued she would be intimidated by his presence.
The court found that the plaintiff established cause for the defendant's exclusion, noting the likelihood of intimidation and disruption, and the lack of prejudice to the defendant.
The motion was dismissed, and the discovery was ordered to proceed without the defendant present.
Registered nurses at a nursing home found not to exercise managerial functions and granted certification.
The applicant union sought to certify a bargaining unit of registered nurses at the respondent's nursing home.
The respondent argued that all its nurses exercised managerial functions and were therefore excluded from collective bargaining under section 1(3)(b) of the Labour Relations Act.
The Board reviewed the duties of the nurses, including their supervisory, disciplinary, and evaluative roles over lesser-skilled staff.
The Board concluded that the nurses' functions were primarily professional and coordinating in nature, rather than managerial, as they lacked effective control over the employment status of other employees.
The Board found the nurses to be employees within the meaning of the Act and granted the certification.