East Coast man loses appeal in bar fight self-defence claim
Thursday, November 12, 2026 @ 2:59 PM
New Brunswick’s top court has denied the appeal of a man who claimed self-defence in causing severe head injuries to a drunken opponent in a bar fight. The Oct. 29 ruling by the Court of Appeal of New Brunswick in R. v. Cook, 2026 NBCA 121 involved Arthur Cook, who was convicted of causing Brian Clarke to suffer a fractured skull and brain bleed after the former punched the latter while in a Saint John pub. ... [read more]
Federal Court rules costs for jurisdictional dismissal can include unheard motions
Wednesday, November 11, 2026 @ 4:10 PM
The Federal Court has ruled that a party successful on a motion to strike for lack of jurisdiction may recover justified costs for the entire proceeding, including preparation for motions that were never heard. ... [read more]
Alberta court dismisses appeal, clarifies considerations for noting in default
Wednesday, November 11, 2026 @ 3:53 PM
The Alberta Court of Appeal has dismissed an appeal in a case where a noting in default was set aside, then restored, finding that a court may consider the test for setting aside a default judgment when deciding whether to lift a noting in default. ... [read more]
Ontario Court of Appeal quashes appeal filed in wrong court, refuses transfer
Tuesday, November 10, 2026 @ 2:51 PM
The Ontario Court of Appeal has quashed an appeal for lack of jurisdiction and declined to transfer it to the Divisional Court after finding that the appellant had failed to bring it before the proper court despite being fully aware that the appeal had been filed to the wrong court. ... [read more]