My thoughts on the Inter transfer market
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German Law Journal: GLJ Shorts and GLJ Specials
Nora Markard, Emanuel V. Towfigh, and the other Editors of the German Law Journal
The German Law Journal has been providing Open Access to Comparative, European, and International Law for over 20 years. Listen to #GLJShorts to find out what our most recent articles are about and to meet the person behind the paper. Listen to #GLJSpecials to dive deeper into selected articles or for an introduction into our most recent Special Issues. Find video versions of our podcasts on our YouTube channel!
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Unedited English audio of oral arguments at the Supreme Court of Canada. Created as a public service to promote public access and awareness of the workings of Canada’s highest court. Not affiliated with or endorsed by the Court. Original archived webcasts can be found on the Court’s website at scc-csc.ca. Feedback welcome: podcast at scchearings dot ca.
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Nick Bowman presents The Future Underground Show. Listen and download the monthly show here on Podomatic. Previous guests on the show include: Sasha, Mauro Picotto, Ellen Allien, Audio Injection, Cari Lekebusch, Joel Mull, Alan Fitzpatrick, Gary Beck, Nic Fanciulli, Paul Woolford, Mark Broom, DJ Dextro, Deepgroove, Thomas Schumacher, Heckmann, Electric Rescue, Israel Toledo, Tom Hades, Dolby D, Stefano Noferini, Daniel Portman, Hobo, Hans Bouffmyhre, Markantonio, Fabio Neural, Kai Randy Mich ...
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His Majesty the King v. Jennifer Pan, et al. (40839)
2:50:06
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Armed men entered the home of Jennifer Pan and her parents. They shot and killed Mrs. Pan. They shot and seriously injured Mr. Pan. Jennifer Pan, Mr. Wong, Mr. Crawford, Mr. Mylvaganam and Mr. Carty were charged with first degree murder and attempted murder. They were tried before a jury. Mid-trial, proceedings against Mr. Carty were severed. The j…
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Telus Communications Inc., et al. v. Federation of Canadian Municipalities, et al. (40776)
2:30:07
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In February 2019, the Canadian Radio-television and Telecommunications Commission (“CRTC” or “Commission”), issued Telecom Notice of Consultation 2019-57 for the purpose of initiating a broad review of mobile wireless services and their associated regulatory framework. The Commission indicated that the review would focus on three key areas, includi…
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His Majesty the King v. Stuart Michael George Sabiston (40937)
58:55
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During a search incident to arrest, a man told police that he had a firearm in his backpack. The officers subsequently seized a loaded prohibited firearm. The Crown ultimately stayed the charges from the initial arrest and proceeded to trial on firearms offences only. In a voir dire, the trial judge concluded that the police had breached the man’s …
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Mohamed Adam Bharwani v. His Majesty the King (40781)
2:48:47
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After several years of deteriorating mental health, the appellant moved into a basement apartment with other tenants. Five days later, the appellant attacked one of the other tenants by striking her with a fireplace poker and then strangling her to death. The appellant called 9-1-1 saying that he wanted to turn himself in because he had just “kille…
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John Howard Society of Saskatchewan v. Government of Saskatchewan (Attorney General for Saskatchewan) (Day 2/2) (40608)
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When an inmate is charged with a disciplinary offence in a Saskatchewan provincial correctional centre or remand centre, s. 68 of The Correctional Services Regulations requires the institutional authorities to determine, on a balance of probabilities, that the inmate committed that offence in order to find them responsible. Some of the penalties im…
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John Howard Society of Saskatchewan v. Government of Saskatchewan (Attorney General for Saskatchewan) (40608)
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When an inmate is charged with a disciplinary offence in a Saskatchewan provincial correctional centre or remand centre, s. 68 of The Correctional Services Regulations requires the institutional authorities to determine, on a balance of probabilities, that the inmate committed that offence in order to find them responsible. Some of the penalties im…
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Shea Flemmings, et al. v. His Majesty the King (41002)
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(PUBLICATION BAN IN CASE) Mr. Agpoon was charged in December 2018 with offences relating to human trafficking in minors, possession of fentanyl, and a firearms offence. Mr. Flemmings was added to the Indictment in December 2019 on counts related to human trafficking and possession of fentanyl. The case came before the Ontario Court of Justice befor…
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GLJ Short - Trust and the Exchange of EU Classified Information
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With Sofiya Kartalova Link to the article [Sofiya Kartalova, "Trust and the Exchange of EU Classified Information: The Example of Absolute Originator Control Impeding Joint Parliamentary Scrutiny at Europol" German Law Journal vol. 25:1 (2024), https://doi.org/10.1017/glj.2023.104) Table of Contents of Volume 25 Abstract Abstract:The absolute imple…
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GLJ Short - My Body is my Temple? Comparing Sexual Crimes and Property Crimes in a Human Rights Tradition
6:14
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With Otava Piha Link to the article [Otava Piha, "My Body Is My Temple? Comparing Sexual Crimes and Property Crimes in a Human Rights Tradition" German Law Journal vol. 25:1 (2024), https://doi.org/10.1017/glj.2023.97) Table of Contents of Volume 25 Abstract Abstract:Despite recent criminal law reforms to define rape through the lack of consent, pr…
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Episode 194: Ullrson - Tekno1 Radio
1:01:29
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For more information about Nick Bowman (Ullrson) and The Future Underground Show visit: www.facebook.com/ullrson Subscribe to the show on Apple Podcasts click here: podcasts.apple.com/us/podcast/the-…how/id288401159 Resident Advisor: ra.co/dj/nickbowman twitter.com/ullrsonmusic www.youtube.com/@ullrson www.podomatic.com/podcasts/djnickbowman www.ul…
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GLJ Short: Resistance and Reform as Responses to Human Rights Criticism
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With Shubham Jain Link to the article [Shubham Jain, "Resistance and Reform as Responses to Human Rights Criticism: Relativism at FIFA World Cup Qatar 2022" German Law Journal vol. 24:9 (2023), https://doi.org/10.1017/glj.2023.119) Table of Contents of Volume 24 Abstract Abstract:The language of human rights is a prominent tool of choice to push fo…
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Emanuel Lozada v. His Majesty the King (40701)
1:16:09
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(Publication ban in case) The appellant, Emanuel Lozada, along with other individuals, participated in two fights, the second of which resulted in the fatal stabbing of the victim. At the appellant’s trial for manslaughter, the Crown argued that the appellant was liable for manslaughter either as a co-principal with the man alleged to have stabbed …
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His Majesty the King v. Agénor Archambault, et al. (40428)
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(Publication ban in case) In July 2019, in two separate cases, the respondents appeared in the Court of Québec to answer charges for indictable offences that were punishable by a maximum of 14 years of imprisonment, but that had been punishable by a maximum of 10 years of imprisonment at the time they were allegedly committed. The respondents were …
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Sanis Health Inc., et al. v. His Majesty the King in Right of the Province of British Columbia (Day 2/2) (40864)
1:22:01
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In 2018, the Province of British Columbia (hereafter, “BC”) enacted the Opioid Damages and Health Care Costs Recovery Act (the “ORA”). The ORA allows BC to recover health care costs caused or contributed to by “opioid-related wrongs” committed by manufacturers and distributors of opioid drugs. Section 11 of the ORA applies to proceedings relating t…
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Sanis Health Inc., et al. v. His Majesty the King in Right of the Province of British Columbia (Day 1/2) (40864)
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In 2018, the Province of British Columbia (hereafter, “BC”) enacted the Opioid Damages and Health Care Costs Recovery Act (the “ORA”). The ORA allows BC to recover health care costs caused or contributed to by “opioid-related wrongs” committed by manufacturers and distributors of opioid drugs. Section 11 of the ORA applies to proceedings relating t…
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Attorney General of Ontario v. Working Families Coalition (Canada) Inc., et al. (Day 2/2) (40725)
1:37:20
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This case concerns the third party spending limits most recently added to the Election Finances Act, R.S.O. 1990, c. E.7 (“EFA”), in 2021, and whether they infringe the informational component of the right to vote (i.e., a citizen’s right to exercise their vote in an informed manner), which is protected by s. 3 of the Charter. The amendments to the…
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Attorney General of Ontario v. Working Families Coalition (Canada) Inc., et al. (Day 1/2) (40725)
2:05:56
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This case concerns the third party spending limits most recently added to the Election Finances Act, R.S.O. 1990, c. E.7 (“EFA”), in 2021, and whether they infringe the informational component of the right to vote (i.e., a citizen’s right to exercise their vote in an informed manner), which is protected by s. 3 of the Charter. The amendments to the…
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TransAlta Generation Partnership, et al. v. His Majesty the King in Right of the Province of Alberta, et al. (40570)
3:23:42
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Appellants TransAlta Generation Partnership and TransAlta Generation (Keephills 3) (collectively, “TransAlta”) own coal-fired electrical power generation facilities in Alberta. The value of those properties is assessed as “linear property” for municipal taxation purposes. The Municipal Government Act, R.S.A. 2000, c. M-26, defines the term “linear …
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Attorney General of Québec v. Pekuakamiulnuatsh Takuhikan (Day 2/2) (40619)
1:23:00
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The respondent, Pekuakamiulnuatsh Takuhikan, is a band council within the meaning of the Indian Act, R.S.C. 1985, c. I-5. It represents the Pekuakamiulnuatsh Innu First Nation, whose community is located in Mashteuiatsh on the western shore of Lac Saint-Jean near Roberval. Under tripartite agreements signed over the years with the Government of Can…
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Attorney General of Québec v. Pekuakamiulnuatsh Takuhikan (40619)
2:07:03
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The respondent, Pekuakamiulnuatsh Takuhikan, is a band council within the meaning of the Indian Act, R.S.C. 1985, c. I-5. It represents the Pekuakamiulnuatsh Innu First Nation, whose community is located in Mashteuiatsh on the western shore of Lac Saint-Jean near Roberval. Under tripartite agreements signed over the years with the Government of Can…
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Episode 193: The Future Underground Show with Nick Bowman - April 2024
1:54:24
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For more information about Nick Bowman (Ullrson) and The Future Underground Show visit: www.facebook.com/ullrson Subscribe to the show on Apple Podcasts click here: podcasts.apple.com/us/podcast/the-…how/id288401159 Resident Advisor: ra.co/dj/nickbowman www.youtube.com/@ullrson www.podomatic.com/podcasts/djnickbowman www.ullrson.com https://ullrson…
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His Majesty the King v. T.J.F. (40749)
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(PUBLICATION BAN IN CASE) The respondent, T.J.F., was charged with human trafficking and obtaining a financial or material benefit from human trafficking during a period from 2006 through 2011. The trial judge accepted that the respondent had engaged in threats, intimidation and injury towards the complainant; he characterized this as “past discred…
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Braydon Wolfe v. His Majesty the King (40558)
1:55:25
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After consuming alcohol, Mr. Wolfe drove his vehicle on the wrong side of a divided highway for a considerable distance at night. He caused a head-on collision that seriously injured Mrs. Niazi and killed her husband and daughter. Mr. Wolfe was convicted on two counts of criminally negligent operation of a motor vehicle causing death under s. 220(b…
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International Air Transport Association, et al. v. Canadian Transportation Agency, et al. (40614)
2:29:34
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This case involves a challenge to the validity of regulations adopted by the Agency to compensate air passengers for various delays, losses and inconveniences experienced in the course of international air travel. Parliament adopted the Transportation Modernization Act, S.C. 2018, c. 10 (“TMA”), which amended the CTA by creating the new s. 86.11. T…
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Dwayne Alexander Campbell v. His Majesty the King (40465)
2:54:12
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Police seized a cellphone during a search incident to the arrest of a known drug dealer. The phone was displaying incoming text messages on its screen. The police believed the messages revealed a transaction for heroin, which would likely be laced with fentanyl, was in progress. The police impersonated the drug dealer by responding to the text mess…
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Gabriel Boudreau v. His Majesty the King (40810)
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Following a trial in the Court of Québec, the appellant, Gabriel Boudreau, was convicted of dangerous driving causing bodily harm as a result of a collision between him and the complainant. On appeal, the appellant argued that the trial judge had erred by finding that he had taken part in a race with another driver, by improperly assessing the comp…
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Trevor Ian James Lindsay v. His Majesty the King (40569)
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The appellant, Trevor Ian James Lindsay, is a constable with the Calgary Police Service. While processing an arrestee, an altercation occurred between the appellant and the arrestee that left the latter with serious injuries. The appellant was charged with aggravated assault under s. 268 of the Criminal Code. At trial, the appellant’s defence inclu…
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Derrick Michael Lawlor v. His Majesty the King (40500)
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The appellant engaged in a sexual encounter with two other men in a park. A number of hours later, the body of one of those men was found in the park; he had died due to external neck compression. The appellant had mental health difficulties and had consumed both psychiatric medication and alcohol around the time he was in the park with the victim …
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Nicolas Landry v. His Majesty the King (40394)
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(PUBLICATION BAN IN CASE) The appellant, a police officer, was temporarily off work because of medical problems. During a meeting with a physician-arbitrator who was to determine whether his disability was permanent, the appellant misrepresented his work activities with his former spouse’s travel agencies. The physician-arbitrator found that his di…
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Daniel Hodgson v. His Majesty the King (40498)
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Appellant Daniel Hodgson was charged with second-degree murder following a death at a house party. The victim, a large man, had become aggressive towards the house owner and refused to leave. Mr. Hodgson, who had been sleeping in a nearby bedroom, was asked by a guest to help remove the victim from the house. The victim died after Mr. Hodgson appli…
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His Majesty the King v. Private D.T. Vu (40655)
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(Publication ban in case) In the Court Martial, a military judge acquitted the respondent, Private D.T. Vu, of sexual assault under s. 130 of the National Defence Act, R.S.C. 1985, c. N-5 (“NDA”), that is to say, s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. It is alleged that the respondent performed a sex act on the complainant who was incap…
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Yves Caleb Jr. Charles v. His Majesty the King (40319)
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After a trial in the Court of Québec, the appellant, Yves Caleb Jr. Charles, was convicted of assault with a weapon, using an imitation firearm in the commission of assault, and uttering threats. During the trial, a prosecution witness refused to cooperate, and the trial judge allowed the prosecution to introduce an out of court statement made by t…
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Episode 192: The Future Underground Show with Nick Bowman - December 2023
1:59:52
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For more information about Nick Bowman (Ullrson) and The Future Underground Show visit: www.facebook.com/ullrson Subscribe to the show on Apple Podcasts click here: podcasts.apple.com/us/podcast/the-…how/id288401159 Resident Advisor: ra.co/dj/nickbowman twitter.com/ullrsonmusic www.youtube.com/@ullrson https://soundcloud.com/ullrson www.podomatic.c…
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Canadian Broadcasting Corporation, et al. v. His Majesty the King, et al. (40371)
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(PUBLICATION BAN IN CASE) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC) On March 23, 2022, the Quebec Court of Appeal issued a redacted version of its reasons, which it had originally delivered on February 28, 2022, allowing the respondent Named Person’s conviction appeal and staying the criminal proceedings brought against Name…
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Attorney General of Canada v. Joseph Power (40241)
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Respondent Joseph Power was convicted of two criminal offences in the 1990s. He served a term of imprisonment. In 2010 Mr. Power made inquiries about the process to obtain a pardon, but did not apply for one. In 2011, Mr. Power’s employer learned of his criminal record. He was suspended from work. Mr. Power applied for a pardon — now called a recor…
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Thalbinder Singh Poonian, et al. v. British Columbia Securities Commission (40396)
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The respondent, British Columbia Securities Commission found that the appellants, Thalbinder Singh Poonian and Shailu Poonian, breached the Securities Act, R.S.B.C. 1996, c. 418, by engaging in conduct that resulted in the misleading appearance of trading activity in, or an artificial price for, a corporation’s shares. It then imposed both a disgor…
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John Aquino, et al. v. Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited, et al. (40166)
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The appellant, John Aquino, was the directing mind of Bondfield Construction Company Limited (“BCCL”) and its affiliate, 1033803 Ontario Inc., commonly known as Forma-Con (“debtor companies”). He and the other appellants carried out a false invoicing scheme over a number of years by which they siphoned off tens of millions of dollars from both debt…
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Franck Yvan Tayo Tompouba v. His Majesty the King (40332)
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(PUBLICATION BAN IN CASE) Mr. Tayo Tompouba was charged with sexual assault. On his first appearance, he was not advised of his right to apply for a trial in French, despite the court’s obligation to inform him of that right under s. 530(3) of the Criminal Code. He was convicted following a trial in English. The Court of Appeal acknowledged that no…
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Leading Seaman C.D. Edwards, et al. v. His Majesty the King (39820)
2:10:27
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(PUBLICATION BAN IN CASE) The appellants are members of the Canadian Armed Forces who had various charges laid against them. They each filed a preliminary application in the Court Martial seeking a stay of proceedings because of an alleged infringement of their constitutional right to be tried by an independent and impartial tribunal guaranteed by …
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City of St. John’s v. Wallace Lynch, et al. (40302)
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In 1991, Newfoundland and Labrador reorganized its northeast Avalon municipalities, expanding St. John’s boundaries and triggering a new planning process for St. John’s. The Lynch property and others were zoned as “watershed” because they fall within the Broad Cove River Watershed, which feeds St. John’s municipal water supply. In 2011, the Lynches…
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Ummugulsum Yatar v. TD Insurance Meloche Monnex, et al. (40348)
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Appellant Ummugulsum Yatar was injured in a motor vehicle accident. Ms. Yatar applied to her insurer, TD Insurance Meloche Monnex (hereafter, “TD”) for housekeeping and home maintenance benefits, as well as income replacement benefits (IRB). TD initially paid those benefits. About a year later, following insurance medical examinations, TD denied Ms…
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Eurobank Ergasias S.A., et al. v. Bombardier inc., et al. (40350)
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Bombardier inc. entered into a procurement contract with the respondent branch of the Greek government (HMOD) for ten firefighting amphibious aircraft. There was also an Offsets contract by which Bombardier committed to offset programs inviting Greek suppliers as subcontractors for the work, for a total credited value of 110% of the main contract. …
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Attorney General of Ontario, et al. v. Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all... (Day 2/2) (40024)
2:28:29
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In 1850, the respondents, the Anishinaabe of the northern shores of Lakes Huron and Superior, entered into two treaties with the Crown: the Robinson-Huron Treaty and the Robinson-Superior Treaty (“Treaties”). The Treaties provided for cessation of a vast territory in northern Ontario, and for payment, in perpetuity, of an annuity to the Anishinaabe…
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Dow Chemical Canada ULC v. His Majesty the King (40276)
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A corporate taxpayer requested that the Minister of National Revenue exercise her discretionary power under s. 247(10) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (“ITA”) to adjust the value of a non-arm’s length transaction downward, which would, in turn, reduce the amount of the taxpayer’s assessment. The Minister declined to do so. The …
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Attorney General of Ontario, et al. v. Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the... (40024)
3:15:17
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In 1850, the respondents, the Anishinaabe of the northern shores of Lakes Huron and Superior, entered into two treaties with the Crown: the Robinson-Huron Treaty and the Robinson-Superior Treaty (“Treaties”). The Treaties provided for cessation of a vast territory in northern Ontario, and for payment, in perpetuity, of an annuity to the Anishinaabe…
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York Region District School Board v. Elementary Teachers’ Federation of Ontario (40360)
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The private communications of two teachers, recorded on their personal, password-protected log were read and captured by screenshots taken by their school principal, and then used by the respondent school board (“Board”) to discipline them. The union filed a grievance against the written reprimand issued to the teachers (“Grievors”) claiming the Bo…
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Don Johnson v. His Majesty the King (40330)
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The appellant, Don Johnson, was found guilty of two counts of first degree murder by a jury. The majority of the Court of Appeal for Ontario dismissed his appeal, finding that it was open to the trial judge to leave party liability with the jury. Nordheimer J.A., dissenting, would have allowed the appeal, set aside the conviction, and ordered a new…
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Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc. (40197)
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Pine Valley Enterprises Inc. (“PVE”) contracted with Earthco Soil Mixtures Inc. (“Earthco”) for the supply of topsoil for use in a project. After reviewing dated test results for “R Topsoil,” it placed an order for 3,678 cubic yards of “Screened topsoil with extra Organics added.” The contract included exclusion provisions that allowed PVE to test …
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Jim Shot Both Sides, et al. v. His Majesty the King (40153)
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On September 22, 1877, the Blackfoot Confederacy and the Crown executed Treaty 7, which established Reserve No. 148, the largest reserve in Canada. It is the home of the Kainai, or Blood Tribe. Under the Treaty, the size of the reserve was to be established through a formula promising “one square mile for each family of five persons, or in that pro…
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Episode 191: The Future Underground Show with Nick Bowman - October 2023
1:59:50
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For more information about Nick Bowman (Ullrson) and The Future Underground Show visit: www.facebook.com/ullrson Subscribe to the show on Apple Podcasts click here: podcasts.apple.com/us/podcast/the-…how/id288401159 Resident Advisor: ra.co/dj/nickbowman twitter.com/ullrsonmusic www.youtube.com/@ullrson https://soundcloud.com/ullrson www.podomatic.c…
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