Nerbas v Manitoba, 2019 MBCA 85

JurisdictionManitoba
JudgeBurnett,Mainella,Pfuetzner
Citation2019 MBCA 85
Date21 August 2019
CourtCourt of Appeal (Manitoba)
Docket NumberAI18-30-09030
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3 practice notes
  • Ostrowski v. Weinstein et al,
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • January 12, 2022
    ...me on this summary judgment motion involves a question of law – the interpretation of s. 21(1) of the POA (Nerbas v. Manitoba, 2019 MBCA 85 (CanLII), para. 21).   The underlying facts are not contentious. The respondent agrees that there is no need for a trial to determine ......
  • Breton v Canada (Attorney General), 2019 MBCA 123
    • Canada
    • Court of Appeal (Manitoba)
    • December 18, 2019
    ...(Joyce at para 68, quoting Freeborn v Leeming, [1926] 1 KB 160 at 162 (CA (Eng)); see also Joyce at paras 63-76; and Nerbas v Manitoba, 2019 MBCA 85 at para 25). The seizure in this case was a single act that was complete once the RCMP took possession of the property. Although it had contin......
  • Sapozhnik et al. v. Prall et al., 2020 MBQB 23
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • February 3, 2020
    ...come to its best estimate of damages. The Manitoba Court of Appeal confirmed the Strategic Acquisition approach in Nerbas v. Manitoba, 2019 MBCA 85 [39] Ultimately, the judge did not come to the conclusion that valuing losses caused by the nuisance was impossible; she said it was “exceeding......
3 cases
  • Ostrowski v. Weinstein et al,
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • January 12, 2022
    ...me on this summary judgment motion involves a question of law – the interpretation of s. 21(1) of the POA (Nerbas v. Manitoba, 2019 MBCA 85 (CanLII), para. 21).   The underlying facts are not contentious. The respondent agrees that there is no need for a trial to determine ......
  • Breton v Canada (Attorney General), 2019 MBCA 123
    • Canada
    • Court of Appeal (Manitoba)
    • December 18, 2019
    ...(Joyce at para 68, quoting Freeborn v Leeming, [1926] 1 KB 160 at 162 (CA (Eng)); see also Joyce at paras 63-76; and Nerbas v Manitoba, 2019 MBCA 85 at para 25). The seizure in this case was a single act that was complete once the RCMP took possession of the property. Although it had contin......
  • Sapozhnik et al. v. Prall et al., 2020 MBQB 23
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • February 3, 2020
    ...come to its best estimate of damages. The Manitoba Court of Appeal confirmed the Strategic Acquisition approach in Nerbas v. Manitoba, 2019 MBCA 85 [39] Ultimately, the judge did not come to the conclusion that valuing losses caused by the nuisance was impossible; she said it was “exceeding......

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