Landry v. Benjamin, 2019 NSCA 73
Jurisdiction | Nova Scotia |
Judge | Beaton |
Citation | 2019 NSCA 73 |
Date | 28 August 2019 |
Court | Court of Appeal of Nova Scotia (Canada) |
Docket Number | CA 490378 |
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3 practice notes
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Nova Scotia (Education and Early Childhood Development) v. Nova Scotia Teachers Union, 2020 NSSC 217
...The party seeking a stay has the burden of proving the elements required for a stay. Landry v. Benjamin, Beaton J.A., 2019 NSCA 73. Serious Issue [13] The respondent points out that the arguable issue on appeal is informed by the standard of review that applies......
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Maynard Holdings Limited v. IForm Works Inc.,
...harm. Evidence of irreparable harm is required under the Fulton test. Mere assertions are not enough (Landry v. Benjamin, 2019 NSCA 73, at para. 7). Mr. Daniel’s affidavit is not evidence of irreparable harm. I agree with IFORM that it constitutes at most a submission or a stat......
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Intact Insurance Company v. Malloy, 2019 NSCA 85
...the appellant must show that it is unjust to permit the immediate enforcement of an order obtained after trial (see Landry v. Benjamin, 2019 NSCA 73 and cases cited therein). [34] Given the circumstances of this case, any relief sought under this branch can be dispensed with summarily. Ther......
3 cases
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Nova Scotia (Education and Early Childhood Development) v. Nova Scotia Teachers Union, 2020 NSSC 217
...The party seeking a stay has the burden of proving the elements required for a stay. Landry v. Benjamin, Beaton J.A., 2019 NSCA 73. Serious Issue [13] The respondent points out that the arguable issue on appeal is informed by the standard of review that applies......
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Maynard Holdings Limited v. IForm Works Inc.,
...harm. Evidence of irreparable harm is required under the Fulton test. Mere assertions are not enough (Landry v. Benjamin, 2019 NSCA 73, at para. 7). Mr. Daniel’s affidavit is not evidence of irreparable harm. I agree with IFORM that it constitutes at most a submission or a stat......
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Intact Insurance Company v. Malloy, 2019 NSCA 85
...the appellant must show that it is unjust to permit the immediate enforcement of an order obtained after trial (see Landry v. Benjamin, 2019 NSCA 73 and cases cited therein). [34] Given the circumstances of this case, any relief sought under this branch can be dispensed with summarily. Ther......