Berscheid v Federated Co-operatives et al, 2018 MBCA 27

JurisdictionManitoba
JudgeMr. Justice Michel A. Monnin,Madam Justice Freda M. Steel,Madam Justice Diana M. Cameron
Citation2018 MBCA 27
Docket NumberAI17-30-08759
CourtCourt of Appeal (Manitoba)
Date19 March 2018
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8 practice notes
  • Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
    • Canada
    • Court of Appeal (Alberta)
    • 6 Febrero 2019
    ...than is used to evaluate a noncompetition agreement in an employment contract. [113] Berscheid v. Federated Co-operatives Ltd., 2018 MBCA 27, ¶ 26; 421 D.L.R. 4th 315, 324 (the nonmoving party admitted the cattle supplements it sold the moving party were defective and that it breached its c......
  • Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
    • Canada
    • Court of Appeal (Alberta)
    • 25 Septiembre 2020
    ...and the judge exercises the discretion provided in Rule 13.04 to determine the question”). [8] Berscheid v. Federated Co-operative Ltd., 2018 MBCA 27, ¶ 32; 421 D.L.R. 4th 315, 325 (“The Supreme Court of Canada’s decision in Hryniak did not alter the basic test for summary judgment in Manit......
  • Whissell Contracting Ltd. v Calgary (City), 2018 ABCA 204
    • Canada
    • Court of Appeal (Alberta)
    • 25 Mayo 2018
    ...(“the motions court may not make findings of credibility and resolve contested fact issues”); Berscheid v. Federated Co-operatives Ltd., 2018 MBCA 27, ¶15 (“Despite Berscheid’s claims with regard to the straightforward nature of this matter, the volume of materials attest to its complexity.......
  • Bibeau et al. v. Chartier et al., 2019 MBQB 189
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • 20 Diciembre 2019
    ...case would clearly be best resolved by a traditional trial with viva voce evidence (see e.g. Berscheid v. Federated Co-operatives et al, 2018 MBCA 27 [34] The summary judgment conference also allows the judge to consider whether, even if the case is conducive to resolution on a summary judg......
  • Request a trial to view additional results
8 cases
  • Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
    • Canada
    • Court of Appeal (Alberta)
    • 6 Febrero 2019
    ...than is used to evaluate a noncompetition agreement in an employment contract. [113] Berscheid v. Federated Co-operatives Ltd., 2018 MBCA 27, ¶ 26; 421 D.L.R. 4th 315, 324 (the nonmoving party admitted the cattle supplements it sold the moving party were defective and that it breached its c......
  • Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
    • Canada
    • Court of Appeal (Alberta)
    • 25 Septiembre 2020
    ...and the judge exercises the discretion provided in Rule 13.04 to determine the question”). [8] Berscheid v. Federated Co-operative Ltd., 2018 MBCA 27, ¶ 32; 421 D.L.R. 4th 315, 325 (“The Supreme Court of Canada’s decision in Hryniak did not alter the basic test for summary judgment in Manit......
  • Whissell Contracting Ltd. v Calgary (City), 2018 ABCA 204
    • Canada
    • Court of Appeal (Alberta)
    • 25 Mayo 2018
    ...(“the motions court may not make findings of credibility and resolve contested fact issues”); Berscheid v. Federated Co-operatives Ltd., 2018 MBCA 27, ¶15 (“Despite Berscheid’s claims with regard to the straightforward nature of this matter, the volume of materials attest to its complexity.......
  • Bibeau et al. v. Chartier et al., 2019 MBQB 189
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • 20 Diciembre 2019
    ...case would clearly be best resolved by a traditional trial with viva voce evidence (see e.g. Berscheid v. Federated Co-operatives et al, 2018 MBCA 27 [34] The summary judgment conference also allows the judge to consider whether, even if the case is conducive to resolution on a summary judg......
  • Request a trial to view additional results

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