Court : Canada Supreme Court
..... bowler international freight ltd., [1997] 2 lloyds rep. 369 (c.a.).) [88] duygu damar adopts the same reasoning in her seminal work, wilful misconduct in international transport law (2011). an act characterized as reckless? will be considered to constitute wilful misconduct only if the evidence shows that it was committed with subjective recklessness?. professor damar ..... attributable to the wilful misconduct of the insured nor, unless the marine policy otherwise provides, for (a) in the case of insurance on a ship or goods, any loss proximately caused by delay, including a delay caused by a peril insured against; (b) ordinary wear and tear, ordinary leakage or breakage or ..... submit that mr. vall e possessed both fault elements under art. 4. his actions in cutting the cable constituted the common law intentional tort of trespass to goods. since the facts would have supported liability for an intentional tort, mr. vall es conduct should be seen as intentional for the purposes of art. 4: .....
Tag this Judgment!Court : Canada Supreme Court
..... . ontario (minister of labour, office of the worker advisor) 1999 canlii 19925 (on ca), (1999), 46 o.r. (3d) 395 (c.a.) (worker advisor?), at para. 18; ontario (minister of transportation) v. cropley 2005 canlii 34228 (on ca), (2005), 202 o.a.c. 379, cited in ontario (minister of finance) v. ontario (information and privacy commissioner), 2012 onca 125 (canlii), 2012 .....
Tag this Judgment!Court : Canada Supreme Court
..... vehicle and on foot, and on the trafficking and possession of cocaine in that part of british columbia, including distribution routes, chain of distribution, means of transportation, methods of concealment, packaging, values, cost and profit margins, usage patterns and rates of consumption. [65] sgt. arsenault expressed the opinion that individuals ..... expert evidence regarding the customs and practices of the drug trade. specifically, sgt. arsenaults evidence was to focus on chains of distribution, distribution routes, means of transportation, methods of concealment, packaging, value, cost and profit margins. sgt. arsenault had been a police officer for 33 years and had been involved in approximately ..... on, the accused intended the death of his or her victim. nor do i see a difference between the impugned testimony and a stolen goods investigator testifying that he or she has never seen a case of innocent possession of stolen property, or an experienced fraud investigator testifying that he .....
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