How has the usual rule been applied by a judge in the trial court?
British Columbia, Canada
The following excerpt is from MTU Maintenance Canada Ltd. v. Norman G. Jensen, Inc., 2007 BCCA 149 (CanLII):
There are many cases dealing with the circumstances in which the usual rule has been applied by trial court judges. The applicable principles are summarized in Cheema v. Cheema (2001), 89 B.C.L.R. (3d) 179, 2001 BCSC 298 (B.C.S.C.) where, after reviewing the case law, Bennett J. said,
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a trial judge's failure to give reasons sufficient to determine that the trial judge erred in appreciation of a relevant issue or application of the evidence? (British Columbia, Canada)
What is the standard of review applied by an appellate court reviewing a decision of a trial judge concerning matters of custody and access? (British Columbia, Canada)
Can an appellate court "reconsider" evidence presented at trial when there is a reasoned belief that the trial judge must have forgotten or misconceived the evidence? (British Columbia, Canada)
Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
Is a trial judge bound to comment upon all the evidence at trial to support an expert testimony? (British Columbia, Canada)
Can a judge vary the degree of fault fixed by the trial judge? (British Columbia, Canada)
What is the test for a judge to depart from the judgment of another judge of the same court? (British Columbia, Canada)
What is the standard of review applied to exercise of the exercise of a trial judge's with respect to both child and spousal support? (British Columbia, Canada)
Can a court of appeal interfere with a trial judge's conclusions on viva voce evidence? (British Columbia, Canada)
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury? (British Columbia, Canada)
