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Trite Law Canada

@tritelaws

Editor of the forthcoming, authoritative, indispensable reference for jurists throughout the Dominion, Trite Law: A Treatise.

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calendar_today19-10-2018 15:45:32

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It is, of course, trite law to state that, at a minimum, the defendant’s conduct must cause some of the plaintiff’s loss; otherwise, there is no liability regardless of how negligent the conduct may have been., Edmondson et al. v. Edmondson et al., 2022 NBCA 4 at para. 68.

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It is now trite law that the defence also has an obligation with respect to disclosure: it must pursue receipt of disclosure with due diligence. R. v Meawasige, 2023 ONSC 2907 at para. 32.

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But wait, there's more: It is trite law that there is no duty to warn of an obvious danger. Francoeur v Le Kozy Bar Inc., 2023 NBKB 89 at para. 99.

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It is trite to say that there must be an evidentiary foundation for every pre-trial Charter application, whether by way of agreed statement of fact, affidavits, or viva voce evidence. CD v The Crown, 2023 CanLII 43073 (NLPC) at para. 6.

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It is trite that adjudicators must give sufficient reasons justifying the conclusions they reached. Johnston v Octaform Inc., 2024 BCSC 537 at para. 116.

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It is trite to say that parties are entitled to procedural and substantive fairness before administrative bodies. Alberta Energy v Alberta (Information and Privacy Commissioner), 2024 ABKB 198 at para. 48.

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“It is trite law that a question put to a witness is not evidence. Rather, the evidence is the testimony given by the witness in response to the question.” Trejo v Pro-Align Heavy Suspensions Ltd., 2023 BCSC 929 at para. 35.

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“It is trite that a trial judge is entitled to be accept all, none or some of a witness’ evidence.” Avdeeva v Khousehabeh, 2023 ONSC 775 at para. 65.

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“It is trite law to say that, generally, courts should not permit an issue to be raised for the first time on appeal.” South Glengarry (Township) v. Laporte, 2023 ONCJ 234 at para. 47.

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“[I]t is trite law to say that costs are always in the discretion of the Court.” LC v Alberta (Child Welfare), 2023 ABKB 334 at para. 14.

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Thanks to Levi Smith for this one: It is trite law that the Federal Court must strike an application for judicial review where the application is “so clearly improper as to be bereft of any possibility of success”. Iris Technologies Inc. v. Canada, 2024 SCC 24 at para. 62.