Newhouse v. Garland,

JurisdictionBritish Columbia
JudgeDeWitt-Van Oosten,Dickson,Goepel
Docket NumberCA47619
CourtCourt of Appeal (British Columbia)
Date09 August 2022
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3 practice notes
  • Franco v Franco Estate,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 13, 2023
    ...Sayers, 2023 BCCA 147 at paras. 39–41, citing Pecore v. Pecore, 2007 SCC 17 at paras. 24–26, 44. 42 In Newhouse v. Garland, 2022 BCCA 276 at paras. 54–56, the Court of Appeal clarified that the presumption is engaged only where there is insufficient evidence to displace......
  • Amacon Alaska Development Partnership v ARC Digital Canada Corporation,
    • Canada
    • Court of Appeal (British Columbia)
    • January 20, 2023
    ...on affidavit evidence alone: Orangeville Raceway Ltd. v. Wood Gundy Inc., [1995] 6 B.C.L.R. (3d) 391 (C.A.). In Newhouse v. Garland, 2022 BCCA 276, this Court upheld a judge's decision to proceed by summary trial despite the fact that credibility was the critical factor upon which judg......
  • 2023 BCSC 1015,
    • Canada
    • January 1, 2023
    ...Sayers, 2023 BCCA 147 at paras. 39–41, citing Pecore v. Pecore, 2007 SCC 17 at paras. 24–26, 44. 42 In Newhouse v. Garland, 2022 BCCA 276 at paras. 54–56, the Court of Appeal clarified that the presumption is engaged only where there is insufficient evidence to displace......
3 cases
  • Franco v Franco Estate,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 13, 2023
    ...Sayers, 2023 BCCA 147 at paras. 39–41, citing Pecore v. Pecore, 2007 SCC 17 at paras. 24–26, 44. 42 In Newhouse v. Garland, 2022 BCCA 276 at paras. 54–56, the Court of Appeal clarified that the presumption is engaged only where there is insufficient evidence to displace......
  • Amacon Alaska Development Partnership v ARC Digital Canada Corporation,
    • Canada
    • Court of Appeal (British Columbia)
    • January 20, 2023
    ...on affidavit evidence alone: Orangeville Raceway Ltd. v. Wood Gundy Inc., [1995] 6 B.C.L.R. (3d) 391 (C.A.). In Newhouse v. Garland, 2022 BCCA 276, this Court upheld a judge's decision to proceed by summary trial despite the fact that credibility was the critical factor upon which judg......
  • 2023 BCSC 1015,
    • Canada
    • January 1, 2023
    ...Sayers, 2023 BCCA 147 at paras. 39–41, citing Pecore v. Pecore, 2007 SCC 17 at paras. 24–26, 44. 42 In Newhouse v. Garland, 2022 BCCA 276 at paras. 54–56, the Court of Appeal clarified that the presumption is engaged only where there is insufficient evidence to displace......

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