Law Case

In: Business and Management

Submitted By hatehaters
Words 1940
Pages 8
Top of Form
Nanaimo (City) v. Northridge Fitness Centre Ltd.

City of Nanaimo, and
Northridge Fitness Centre Ltd.

[2006] B.C.J. No. 441
2006 BCPC 67

Nanaimo Registry No. 57412-1
British Columbia Provincial Court
(Criminal Division)
Nanaimo, British Columbia

Saunders Prov. Ct. J.

Heard: November 1, 14 and 28, 2005.
Judgment: January 20, 2006.

Constitutional law — Canadian Charter of Rights and Freedoms — Fundamental freedoms — Freedom of expression — Reasonable limits — Oakes test — Motion to declare that a bylaw of the City of Nanaimo restricting large portable advertising boards to new businesses violated the Charter right to freedom of expression dismissed — City's objective to control proliferation of portable signs to address problem of visual pollution and balance public interests with commercial interests was pressing and substantive — Bylaw rationally connected to objective, as evidence indicated that number of signs dropped since bylaw — Bylaw minimally impaired right to freedom of expression, as smaller portable signs and other advertising means were available for businesses — Means used by city to address objective and its effects were proportional.

Motion to declare that a bylaw of the City of Nanaimo restricting large portable advertising boards to new businesses violated the Charter right to freedom of expression — In order to curb proliferation of portable advertising signs, City of Nanaimo passed bylaw restricting use of portable boards 32 square feet in dimension to new businesses — Northridge Fitness Centre was a business located away from the highway that used a 32 square feet portable sign to advertise — Northridge was charged with violating the City's sign bylaw — Northridge claimed bylaw was unconstitutional — HELD: Motion dismissed — Restriction on use of portable sign was reasonable…...

Similar Documents

Case Law

...appeal is restricted to questions of law. 2 2. This appeal is concerned with the Tax Appeal Tribunal established by the Tax Tribunal Act 1984 (since repealed, but in force during the relevant period). By section 3 of that Act the tribunal was to comprise (as Chairman and Vice-Chairman) two barristers of at least ten years’ standing appointed by the Public Service Commission and (subsection (1)(c)) ‘such other members as may be appointed by the Minister’. Section 6(3) provided that, subject to section 8, a determination of the tribunal should be final and binding on the parties. Section 8 provided as follows: “(1) Any party who is dissatisfied with the determination of the tribunal as being erroneous in point of law may, within 28 days of the date of determination, appeal to the Supreme Court. (2) An appeal under this section shall be prosecuted in the manner provided by rules made by the Supreme Court.” Rule 3 of the Tax Appeal Rules 1984 provided for an appeal under section 8(1) to be by way of case stated. By section 10 of the Act the burden of proof that any assessment is incorrect falls on the taxpayer. 3. In a country (such as the United Kingdom) which is a party to the European Convention on Human Rights, or in a country (such as Mauritius) which has a written constitution with human rights guarantees based on the European Convention, the existence of specialised tribunals which are not courts, with appeal to courts on questions of law only, can raise questions......

Words: 1626 - Pages: 7

Law Cases

...for duress. “ In point of law payment of a lesser sum, whether by cash or by cheque, is no discharge of a greater sum. This doctrine of the common law came under heavy fire. It was ridiculed by Sir George Jessel in Couldery v Bartram.[1] It was said to be mistaken by Lord Blackburn in Foakes v Beer.[2] It was condemned by the Law Revision Committee (1945 Cmd 5449), paras. 20 and 21 . But a remedy has been found. The harshness of the common law has been relieved. Equity has stretched out a merciful hand to help the debtor. The courts have invoked the broad principle stated by Lord Cairns in Hughes v Metropolitan Railway Co.[3] "It is the first principle upon which all courts of equity proceed, that if parties, who have entered into definite and distinct terms involving certain legal results, afterwards by their own act or with their own consent enter upon a course of negotiation which has the effect of leading one of the parties to suppose that the strict rights arising under the contract will not be enforced, or will be kept in suspense, or held in abeyance, the person who otherwise might have enforced those rights will not be allowed to enforce them when it would be inequitable having regard to the dealings which have taken place between the parties." It is worth noticing that the principle may be applied, not only so as to suspend strict legal rights, but also so as to preclude the enforcement of them. This principle has been applied to cases where a creditor agrees......

Words: 1885 - Pages: 8

Case Law

...Case Law Project Dallas V. Curly This case is about Edward Curly filing a case against Texas schools to prohibit the law that the bible be read in public schools. This law required at least 10 versus of the bible to be read every day. The courts declare this unconstitutional. Parties involved: Dallas School District, Edward Curly Amendments involved: The Establishment Clause of the 1st amendment Arguments: Curly: His kids should have the option to read the bible and not be forced in public schools. Dallas: It’s a state law and is part of our history and should be read. This case should be voted on for Curly because it is direct violation of the Establishment clause which separates church and state. Seattle V. Foreman This case starts when a student gave and inappropriate speech for his graduating class that was called as a disruption but later said was obscene and he was taken off the ballot and could not speak for his class at graduation even though he was voted for anyways. Parties involved: Christy Blair, Matthew Foreman Amendments violated: 1st amendment in public schools Arguments: Foreman did not think his speech was obscene and that he should be able to speak. Blair: The speech was distracting and obscene and he should be suspended and not be able to speak. This case should be in favor of Foreman and he should be able to speak because he didn’t say anything directly obscene and has a freedom of speech under the 1st amendment. Columbia V...

Words: 477 - Pages: 2

Law Case

...Page 1 Malayan Law Journal Reports/1983/Volume 2/TAN CHEE HOE & ANOR v RAM JETHMAL PUNJABI [1983] 2 MLJ 31 - 14 April 1983 1 page [1983] 2 MLJ 31 TAN CHEE HOE & ANOR v RAM JETHMAL PUNJABI Also Reported in: [1982-1983] SLR 423 OCJ SINGAPORE WEE CHONG JIN CJ ORIGINATING SUMMONS NO 385 OF 1982 14 April 1983 Land Law -- Option to purchase property -- Acceptance Copy signed with additional words "who will then hold the same as stakeholders" after solicitors name -- Whether this amounted to fresh term and material variation of offer -- Whether counter offer or unqualified acceptance on purchasers' part Contract -- Option to purchase -- Additional words in Acceptance copy amounting to variation of offer -Contract not binding on vendor -- Option money forfeited The respondent in this case sought to sell his property at Unit 09-02 Parkway Mansion, Singapore. Through a real estate agent, he gave an option to the applicants. The applicants purported to accept the offer contained in the option by signing the Acceptance Copy and through their solicitors delivered the same together with a cheque for $44,000 to the respondent's named solicitors. However, on the advice of their solicitors the words "who will then hold the same as stakeholders" were added after the words "Advani Hoo Morris & Kumar" (the name of the solicitors firm) on the signed Acceptance Copy. The respondent contended that there was no binding contract as the applicants had varied their offer by the addition of the......

Words: 1141 - Pages: 5

Case Law

...Page 1 Singapore Law Reports/1993/Volume 2/ARJAN SINGH v PUBLIC PROSECUTOR - [1993] 2 SLR 271 - 1 April 1993 3 pages [1993] 2 SLR 271 ARJAN SINGH v PUBLIC PROSECUTOR HIGH COURT YONG PUNG HOW CJ MAGISTRATE'S APPEAL NO 124 OF 1992 1 April 1993 Criminal Procedure -- Discharge not amounting to acquittal -- Accused under indefinite apprehension of recommencement of criminal proceedings -- Whether court could interfere with prosecutorial discretion not to further prosecute accused on a charge -- Discretion of court to direct that discharge shall amount to acquittal -- Nature of discretion -- Constitution of the Republic of Singapore art 35(8) -- Criminal Procedure Code (Cap 68) ss 184 & 336(1) The appellant was charged with four charges of voluntarily causing grievous hurt, criminal trespass, mischief and public nuisance. Before the commencement of the trial, the prosecution successfully applied for him to be discharged in order to enable him to complete a course of treatment at a drug rehabilitation centre, such discharge not amounting to an acquittal. On appeal, the appellant contended that the discharge ought to amount to an acquittal and in the alternative asked that the matter be reinstated and disposed of expeditiously on the grounds that it was unjust that he should be left under indefinite apprehension of the recommencement of these criminal proceedings. Held, dismissing the appeal: (1) When the public prosecutor decides to inform the court that he will not further......

Words: 1767 - Pages: 8

Case Law

...Article or Case Law Search Sarah Falsey HCS/430 October 14, 2013 Lena Walker Article or Case Law Search Facilitating patient choice has always been elementary to palliative care. However, the choice agenda challenges us to inquiry what this truly means for sedative care now and in the future (Kite and Tate, 2005). With this in mind, the writer has chosen an article found in the Atlanta Journal-Constitution, June 28, 2009, entitled, System was deaf to pleas; Mother died. For the purpose of this paper, the writer will provide sufficient background on the article and discuss the major points. Next, the writer will discuss the legal issues involved in the article. In conclusion, the writer will identify and discuss any recommendations that could be made. The article was about a case involving the Georgia Regional Hospital/Atlanta. In January of this year; a patient, Na Young, with a history of psychotic behavior was released. The patient requested not to be released and refused to sign the release forms. The patients brother also pleaded with the hospital to reconsider releasing her and even delayed picking her up for almost a week. Prior to Na Young being admitted to the facility, she had physically abused her mother several times. She had even told physicians and nurses, if released she would kill her mother. With this in the mind the doctor still released the patient. 12 days later, on February 10. 2009, the patient doused her mother with......

Words: 725 - Pages: 3

Law Cases

...fifteen of them are in danger of losing their lives over the next few hours," said López on Saturday 27 Dead, Including 20 Children, in Conn. School Shooting: Police A 20-year-old man opened fire at a Connecticut elementary school Friday, killing 26 people, including 20 children ages 5 to 10, in one of the deadliest school shootings in U.S. history, NBC 4 New York has learned. The gunman in the shooting at Sandy Hook Elementary School in Newtown has been identified as Adam Lanza. He is also dead, officials said. A senior law enforcement official tells NBC 4 New York that an unidentified woman has also been found dead, shot in the face, at a Newtown home, bringing the death toll to 28. The woman may be Lanza's mother, sources say. State police said the shooting was confined to two rooms at the school, and that the casualties included 20 children and six adults. Two guns were recovered inside the school, and another outside in a car, officials said. Two law enforcement officials said the weapons were legally purchased and registered to Lanza's mother. Several officials have told NBC News the children were shot at close range. "Our hearts are broken today," President Obama said at the White House, choking up as he described how the slain children "had their entire lives ahead of them." State police say the 911 call came in at 9:41 a.m. reporting a shooting at the school, which includes kindergarten through fourth grade. Students later told reporters that they heard......

Words: 2661 - Pages: 11

Law Case

...Name: Neyamul Hoque ID:1020180530 Sec:8 LAW 200 Statement Analysis: “A company at law is distinct from its members. A Director is neither an agent nor a trustee of a company” To: Barrister Shaheen Ahmed (ShD) Date: 07.04.2014 Introduction The main inspiration for forming a corporation or company is the limited liability it offers to its shareholders. This policy allows the shareholders to lose only what he has contributed as shares to the corporate entity and nothing more. However, there is a major exception to the general concept of limited liability. There are certain circumstances in which courts will have to look through the corporation, that is, lift the veil of incorporation, and hold the shareholders of the company personally liable for the obligations of the corporation. The veil policy is raised when shareholders shape the distinction between the corporation andthe shareholders. It is an important aspect of the law that although it is a separate legal entity, a company or corporation can only act through human agents that it is comprised of.Under the company law or corporate law, a corporation is specifically referred to as a legal person who is a subject to rights and duties and is capable of owning real property, entering into contracts,......

Words: 2896 - Pages: 12

Case Law

...profits Parke v. Daily New Ltd P 3.16 * No fiduciary duty owed by directors to the employees of the company * Directors are not able to make gratuitous payments to retrenched workers without the approval of the general meeting as this favoured one group at the expense of the company as a whole. Queensland Mines Ltd v. Hudson * Take up corporate opportunity with full disclosure to the board and members Regal (Hastings) Ltd v. Gulliver P3.24 & P (Module 5?) * Directors are under a duty not to profit from their office as director Smith & Fawcett Ltd (1942) P 3.16 * Duty to act bona fide in the best interest of the company. Victors Ltd v. Linguard P3.23 * Degree of interest has been extended to cases where the director’s interest is indirect Whitehouse v. Carlton Hotel Pty Ltd P 3.19 * It was an impermissible purpose to issue shares to dilute the shareholding of other shareholders and therefore the issue was void....

Words: 484 - Pages: 2

Case Law

...Style of cause of case: Uppal v. Boota Date attended: September 18, 2014 Judge: Madam Justice Warren Lawyers: Magal Huberman Jury: None Courtroom: 16 Issue: * The issue in this case was determination of child custody between a newly divorced couple. The judge needed to decide what was the best child custody arrangement based on the best interest of the child. Initial Observations: * The courtroom was one of the smaller ones and not many people attended. My assumption is that this is common for family matter civil court cases. * The plaintiff is the mother and referred to as Ms. Uppal. The father is the defendant and referred to as Mr. Boota. The child’s name is Dylan. * Upon my arrival, the father (Mr. Boota) was being questioned by the lawyer. * The couple’s family members were viewing the trial on the sidelines. * There was one lawyer, and also her assistant. Facts/Dialogue when I was present: * Mr. Boota states Ms. Uppal wants full custody. * The lawyer asked about the couple’s relationship. Mr. Boota began to explain they (the couple) tried living in the same house, but different rooms. However, they still argued daily. Often, the arguing was in front of the child. Mr. Boota had tried to end the relationship a couple times, but people kept telling him to stay together because of the child. Both Mr. Boota and Ms. Uppal have been divorced once already. He didn’t want to divorce again. * The lawyer asked about......

Words: 688 - Pages: 3

Law Case

...BUAD 4053- Business Law II Professor Nicholas Robinson ‘Burlington Northern and Santa Fe Railroad Co. v. White’ Case 35.1 Questions 1) What are some examples of non-job related retaliation? There are two types of workplace retaliation: work-related and social (non-job related). Social retaliation has much to do with antisocial behaviors by the “victim” that will affect overall productivity and how cohesively the work place functions; examples of this include harassment, insulting, blame, threats, and the “silent treatment.” 2) Why did the Court evaluate the language of Title VII's antidiscrimination and antiretaliation provisions? The Court evaluated the language because the language of the antidiscrimination provision differed from the antiretaliation provision, as well as in purpose too. Both provisions are limited to specific circumstances. There are words in the antidiscrimination provision such as “hire” and “status as an employee” that limit the scope of the provision to actions that affect employment. There are no words such as that in the antiretaliation provision. The antidiscrimination provision seeks a workplace where individuals are not discriminated against because of their racial, ethnic, religious, or gender-based status, whereas the antiretaliation provision seeks to secure that primary objective by preventing an employer from interfering (through retaliation) with an employee’s efforts to secure or advance enforcement of Title......

Words: 289 - Pages: 2

Law Cases

...COMPILATION OF CASE LAWS LAW OF TORT 1. DONOGHUE V. STEVENSON (1932) AC 562 On the evening of Sunday 26 August 1928, Mrs May Donoghue, boarded a tram in Glasgow for the thirty minute journey to Paisley. At around ten minutes to nine, she and a friend took their seats in the Wellmeadow Café in the town's Wellmeadow Place. They were approached by the café owner, Francis Minghella, and May's friend ordered and paid for a pear and ice and an iced drink. The owner brought the order and poured part of a bottle of ginger beer into a tumbler containing ice cream. May drank some of the contents and her friend lifted the bottle to pour the remainder of the ginger beer into the tumbler. On doing so, it was claimed that the remains of a snail in a state of decomposition plopped out of the bottle into the tumbler. May later complained of stomach pain, and her doctor diagnosed her as having gastroenteritis. She also claimed to have suffered emotional distress as a result of the incident. On 9th April 1929, Donoghue brought an action against David Stevenson, aerated water manufacturer Paisley, in which she claimed £500 as damages for injuries sustained by her through drinking ginger beer which had been manufactured by the defender. May had not ordered or paid for the drink herself, so there was no contractual relationship between May and the café owner. Tort law at this time did not allow for May to sue the café owner. There was a contractual relationship between him...

Words: 19909 - Pages: 80

Case Law

...point of view? Your answer should contain references to appropriate case law." The offering of a job to someone may be the beginning of the end of the employment relationship due to several issues that arise between the two in the course of the employment relationship. More research in Australia in the case law has evidenced different issues that surround the employer-employee relationship. Under the common law, employers and employees have a contract of employment which may be a fixed term or a permanent employment relationship. These contracts demand the mutual trust and confidence from both parties. In such a contract, the employers must be fair and reasonable when dealing with their employees. A case law that looked at the implied duty of the mutual trust and confidence was in the McDonald v State of South Australia. The Australian law was deeply analyzed and mutual trust and confidence was concluded to be part of the Australian Law. Mr, Macdonald was a teacher who felt that the defendant, the Department of Education and Children’s Services, had failed to provide a safe work system and had destroyed the mutual trust and confidence between them that were the terms of his contract. Thus, Mr. McDonald had no choice but to end the employment because the defendant had not lived up to its promise. It was concluded that the plaintif was justified to quit as the the contract had been repudiated. In a different case of Perkins v Grace Worldwide it was deemed that the trust and......

Words: 899 - Pages: 4

Case Law

...MITCHELL v. LOVINGTON GOOD SAMARITAN CENTER, INC. 555 P.2d 696 (1976) 89 N.M. 575 Zelma M. MITCHELL, Plaintiff-Appellee, V. LOVINGTON GOOD SAMARITAN CENTER, INC. Defendant-Appellant. No. 10847 Supreme Court of New Mexico October 27, 1986 Gary J. Martone, J. Richard Baumgartner, Joseph Goldberg, Albuquerque, for plaintiff-appellee. Heidel, Samberson, Gallini & Williams, Jerry L. Williams, Lovington, for defendant-appellant. ______________________________________________________________________ Opinion SOSA, Justice .This case presents the issue of whether petitioner’s actions constituted misconduct so as to disqualify her from certain unemployment compensation benefits. [555 P.2d 698] On June 4, 1974, petitioner-appellee Zelma Mitchell was terminated for alleged misconduct from the Lovington Good Samaritan Center, Inc. On June 12, 1974, Mrs. Mitchell applied for unemployment compensation benefits. Finding that Mrs. Mitchell’s acts constituted misconduct, a deputy of the Unemployment Security Commission disqualified Mrs. Mitchell from seven weeks of benefits pursuant to s 59-9-6(B), N.M.S.A.1953. On July 24, 1974, Mrs. Mitchell filed an appeal. The referee of the Appeal......

Words: 1679 - Pages: 7

Case Law

...Running Head: ARTICLE OR CASE LAW SEARCH Article or Case Law Search HCS/430 Article or Case Law Search According to " “The Affordable Care Act was passed by Congress and then signed into law by the President on March 23; 2010. On June 28, 2012 the Supreme Court rendered a final decision to uphold the health care law”. The Affordable Healthcare Act affords new means to hold insurance companies responsible and offers strong selections for customers. For example as part of the recently upheld Affordable Care Act, all health insurers are required to spend a percentage of each premium dollar collected to pay claims and to provide clinical service and activities that improve health care quality. ("", 2012) The Medical Loss Ratio (MLR) is known as a percentage that healthcare insurers must meet or better known as the MLR requirement. Healthcare insurers are required by the Affordable Care Act to produce a reimbursement to its consumers. The Medical Loss Ratio financial measurement used in the Affordable Care Act to help ensure that health plans provide significant value to users. The following is an example of how insurers use the MLR According to "" (2012), “if an insurer uses 80 cents out of every premium dollar to pay its customers' medical claims and activities that improve the quality of care; the company has a medical loss ratio of 80%. A medical loss ratio of 80% indicates that the insurer is using the remaining 20 cents of......

Words: 902 - Pages: 4