In other words, the rule mandates that plaintiff provide the "accounting back-up for plaintiff's computation of damages. United States , No. Other courts interpreting Rule 26 a 1 A iii have reached similar conclusions. Davis , the plaintiff was deemed to have provided notice to the defendant that it would seek lost profits, but failed to provide "any specific computation of lost profits nor.
The plaintiff argued that its financial statements, which were provided to the defendant, contained the necessary information, but the district court noted that, in addition to the statements themselves, a "specific formula indicating how [plaintiff's] theory of damages [was] supported" from those statements was needed. But see Williams v. Anderson , P. Simply stating that its estimate was computed by "adding the total damages incurred," see, e.
That plaintiff has not yet hired an expert to analyze and support its claims is of no moment. RCFC 26 a 1 E provides that initial disclosures must be "based on the information then reasonably available" to the disclosing party, and further provides that "[a] party is not excused from making its disclosures because it has not fully investigated the case. In doing so, plaintiff certified that its "claim [was] made in good faith, the supporting data are accurate and complete.
It is axiomatic that a claim made in good faith has an underlying basis. Plaintiff's disclosures thus far appear to be woefully inadequate. While it is understandable, and acceptable, for plaintiff to have estimated its damages in presenting its certified claim to the contracting officer and then in its complaint before this court, plaintiff must disclose the basis and methodology for arriving at its estimate.
Here, however, even assuming plaintiff provided the formula by stating that it would add the total damages incurred for each category , its attempt to provide the inputs fails because those "inputs" are a mere designation of categories rather than any actual basis for estimates.
Order: application to vary the order of Ryan J. Michael Gallagher, Mecar Metal Inc. Le 23 septembre Le 15 mars Mailhot, Deschamps et Forget jj. Le 12 mai Simms ,  3 R. Burns ,  1 R. Le 7 octobre Mignault, Groulx et Hyppolite. Le 4 juillet Appel accueilli. Le 28 avril Le 10 octobre Archambault j. Wayne Leslie Bellegarde. October 16, Court of Queen's Bench of Saskatchewan.
Maurice J. Conviction: first degree murder. January 28, Court of Appeal of Saskatchewan. Bayda C. Appeal allowed; conviction for first degree murder quashed; conviction for second degree murder substituted. Tardif j. Le 10 mars Le 4 avril Autobus Thomas Inc. Le 18 septembre Dussault j. Michaud j. Gilles Pinsonneault c. Constantin Teodorescu c. Lawrence S. Etienne v. John L. Remus, et al. Jacques Laurendeau c. Claude Deslauriers c. Les juges Major, Bastarache et Binnie. Salvatore Gramaglia v.
Alberta Family and Social Services Alta. Criminal law - Jurisdiction - Whether the lower courts assumed a secret or unwarranted jurisdiction over the Applicant - Procedure - Disclosure - Whether an accused foreigner in Canada has the right to be informed of the nature of the charges of which he has been accused - Whether the Crown had the right to keep silent when The Applicant requested to know the nature of the charges against him.
September 12, Provincial Court of British Columbia. Conviction: speeding, failing to wear a seat belt Applicant did not appear and was deemed not to have disputed charges. February 24, Supreme Court of British Columbia. Conviction set aside; matter remitted back to Provincial Court. July 24, Proctor J. Conviction: speeding, failing to wear a seat belt. October 22, Summary conviction appeal dismissed. December 3, Leave to appeal denied. July 17, Application for leave to appeal and motion for the extension of time filed.
Earl Daniel Stevenson. Criminal Law - Sentencing - Dangerous offender - Whether trial judge failed to consider psychiatric evidence - Whether trial judge failed to consider systemic or background circumstances of the Applicant as an aboriginal offender - Whether time required to successfully treat the applicant exceeded maximum determinate penalty for offense of sexual assault.
May 28, Application declared a dangerous offender. January 19, Court of Appeal for Saskatchewan. Tallis, Gerwing, and Lane JJ. April 26, Applications for time extension and leave to appeal filed. Buck Consultants Limited. Tax Court of Canada Bonner T. Appeals from re-assessments of tax for the taxation years , , , dismissed. January 17, Market News Publishing Inc. Southam Inc. Hollinrake, Huddart and Saunders JJ. April 14, Joseph William Hnatiw. May 13, December 20, Arbour J.
Motion for an extension of time granted; time for filing application for leave to appeal extended to February 7, March 20, Application for leave to appeal and motion for an extension of time filed. Rony Alexander Lopez. Criminal Law - Evidence - Whether judge entitled to view videotape properly admitted into evidence at slow motion during deliberations.
September 15, Provincial Court of New Brunswick. McCarroll J. Conviction for aggravated assault, sentence to three years imprisonment. April 20, Court of Appeal of New Brunswick. Ayles, Drapeau and Larlee JJ. Appeal from conviction dismissed; Leave to appeal from sentence denied. June 16, Barry Robert Morrison.
The Society of Lloyd's N. International law - Conflict of laws - Contracts- Choice of jurisdiction - Choice of law - Public policy - Securities law - Whether a party who solicits investments in Canadian capital markets in violation of provincial securities laws can escape civil sanction under Canadian law by incorporating a choice of court and choice of law clause in favour of foreign courts and foreign laws into its investment contracts - Whether a choice of law and choice of court clause should be given effect where the plaintiff alleges that he is the victim of an antecedent fraudulent scheme on the part of the drafter and beneficiary of the clauses?
Creaghan J. January 24, Smith C. March 23, Thomas Blair Drummie. March 24, Ville de Chambly. Le 19 avril Reeves j. Le 24 mars Delisle, Otis jj. Le 19 mai Dara Wilder. August 25, Evidence held inadmissibleSeptember 11, Evidence obtained by search and seizure deemed conscripted evidence. October 13, Prosecution held unrelated to administration or enforcement of Income Tax Act; Evidence deemed inadmissible. November 4, Specific exhibits deemed inadmissible.
Applicant acquitted of seven counts of fraud and one count of possession of property obtained by fraud. January 14, Esson, Ryan and Mackenzie J. Held evidence should have been admitted, appeal allowed, acquittal set aside, new trial ordered,. March 21, Motion for reconsideration dismissed. April 18, Corrigendum to reasons for judgment. June 8, August 9, Application for extension of time to apply for leave to appeal filed.
Wawanesa Mutual Insurance Company. Donald Brown and Edna Brown Sask. February 1, Court of Queen's Bench for Saskatchewan. Dielschneider J. Motion to admit fresh evidence on appeal allowed; new trial ordered. May 31, September 25, Brennan J.
Appeal allowed. March 29, Fox Limited. Martin Hagt, Ontario Ministry of Labour. Southey [dissenting], Gravely and Cavarzan JJ. Application for judicial review allowed. Appeal allowed; application for judicial review dismissed. April 7, Labour law - Arbitration - Jurisdiction - Collective agreement - Long term disability benefits - Whether the jurisdiction of Arbitration Boards over disputes arising out of the ambit of collective agreements includes the jurisdiction to determine whether employees are eligible to receive long term disability benefits provided in insured group plans mandated by the collective agreements - Whether Arbitration Boards have the jurisdiction to join group plan insurers as parties to arbitration proceedings without their consent, and to order them to pay benefits to eligible employees?
August 6, Arbitration Board. Munroe Q. Ferguson and V. Interlocutory order granting leave to have motion heard at London and to have same judge hear all motions in proceedings. February 23, Divisional Court of Ontario. Motion for leave to appeal the interlocutory order to the Divisional Court granted. June 14, Ontario Superior Court of Justice.
Divisional Court. Coo, Wright and Swinton JJ. Appeal for an order reversing interlocutory order dismissed. February 10, Goudge J. Doherty, Charron and Borins JJ. Order that new evidence in form of affidavit be expunged from motion record. Motion for leave to appeal dismissed. Vincenzo Cipollone. Applicant convicted of second degree murder and unlawfully causing bodily harm. Abella, Rosenberg and MacPherson J. Leave to appeal granted and appeal dismissed. Application for leave to appeal and motion to extend time filed.
David Askey v. Michal Pniak v. London Psychiatric Hospital, et al. Les juges Major, Binnie et Arbour. Business Development Bank of Canada Ont. Ural Direk v. Anthony Dixon, et al. December 31, Supreme Court of Ontario. June 2, Applications for leave to appeal filed.
August 14, Application for stay of proceedings filed. Taxation - Assessment - Statutes - Interpretation - Under the common law, can a beneficiary disclaim entitlement to a gift prior to the death of the testator? July 10, Tax Court of Canada. McArthur J. Appeals concerning Appellants' assessments dismissed. February 4, Appeals dismissed. February 15, Baynton J. Gerwing, Cameron and Jackson JJ. Appeal dismissed with costs. Bogusky Prov. Conviction: unlawfully keeping a bawdy-house for the purposes of prostitution Criminal Code s.
Osborne A. O, Finlayson and Labrosse JJ. July 5, Canadian International Trade Tribunal. Contract terminated, Order to re-evaluate two bids. June 23, Application for judicial review allowed in part; Order to re-evaluate to include third bid.
July 21, Birgit Kajat. Torts - Negligence - Similar fact evidence - Trial judge relies upon similar fact evidence to find a fact in issue - Whether a failure to explicitly state a clear evaluation of whether the similar fact evidence was logically probative constituted an error in law. Action in negligence allowed, liability apportioned between Applicant's husband and Respondents. Malone, Strayer and Sharlow JJ.
Appeal allowed, new trial ordered, cross-appeal dismissed. April 17, Diversified Financial Corp. Commercial law - Fiduciary duty - Partnership - Developer financing project in part through sale of limited partnerships - Limited partners unaware of financial arrangements required to meet minimum of Offering Memorandum - Whether dealings involving the various parties to commercial project in financial trouble giving rise to fiduciary relationships and if so, whether defences valid or statute-barred.
Court of Queen's Bench of Alberta. Action against Applicant for mortgage foreclosure allowed. Court of Appeal of Alberta Edmonton. Smithkline Beecham Animal Health Inc. Canada ,  2 S. Bonner J. April 11, Douglas Sloan.
David J. Minister of Education for the Province of Ontario. The Attorney General of Ontario. Michael Magarrey. Gary Michael. Helen Fox. Frances J. January 27, Meehan J. Hartt, Campbell and Wright JJ. Motion to set aside or vary previous decision dismissed. March 10, Application for leave to appeal and motion for a stay of execution filed. Phillip Rosen. Denault J. Proceeding dismissed for delay. July 19, Motions for extension of time and reconsideration dismissed.
May 10, Canada Mortgage and Housing Corporation. Humphries J. Petitions to quash bylaws enacted by the Respondent dismissed with costs. Esson, Cumming, and Donald JJ. Bernadette Smith. MacKinnon J. The applications for leave to appeal are dismissed with costs. P, ss. Burke, Board Member. Chodos, Deputy Chairperson. File Mohammed: Grievance dismissed for lack of jurisdiction.
June 4, Tarte, Chairperson. File Boutilier: Grievance allowed. File Mohammed: Application for judicial review dismissed. All ArcelorMittal entities providing steel products, building components, systems made of steel as well as transformation and logistics services attended the event.
As a multi product stockist, they can deliver with 48 hours standard or taylor-made finished products anywhere in Belgium, Luxembourg and the export with closed, open and crane trucks. At in room A, Prof. Active in Belgium and Luxembourg, Infosteel aim is to promote the qualitative use of steel in the building industry. Infosteel represents more than members mostly from the steel industry, the construction and engineering industry as well as architects.
Infosteel has also as members the main education institutions in the fields of architecture and engineering, as well as many students. This year, the Steel Construction Day hosted conferences on architecture and technology, an exhibition space, the presentation of outstanding construction projects among which the bestwas elected during the steel construction contest. The day also included the Steel Prize Award for students, and a special price to an innovating and aesthetic project featuring pre-painted steel.
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