52 result(s)
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1.
R. v. L.K.M. - 2024 NSSC 189 - 2024-06-28
Supreme Court - Decision[para. 52] The ‘Duncan’ credit is not a deduction from the otherwise appropriate sentence but is one of the factors to be taken into account in determining the appropriate sentence. [...] Respectfully, the Crown’s position is that potential Duncan credit would be limited to only these 32 [sic] days;[12] [...] ” per MacEachern, C.J.B.C. in R. v. Mafi (2000), 2000 BCCA 135 (CanLII), 142 C.C.C. (3d) 449 (C.A.)).
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2.
Chisholm v. Estate of Chisholm - 2024 NSSC 148 - 2024-04-17
Supreme Court - DecisionDuncan MacEachern, Proctor By the Court: Introduction [1] This is an application by Daren Chisholm for the removal of Nancy (Chisholm) Donovan as the personal representative of the Estate of their father, Thomas Joseph Donovan, who passed away on November 24, 2020. [...] Ms. Chisholm (Donovan) was advised by the Proctor, Duncan MacEachern, in writing of what was required of her. [...] [50] Mr. MacEachern shall prepare an order for the Court to issue. [51] At this time any decision on costs is reserved.
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3.
Canadian Imperial Bank of Commerce v. Zaynluke Restaurant Ltd. - 2023 NSSC 407 - 2023-12-13
Supreme Court - DecisionDuncan H. MacEachern, for the Defendants Introduction [1] This is a motion for summary judgment on the pleadings, or, alternatively, on the evidence, brought by the Plaintiff, Canadian Imperial Bank of Commerce (“CIBC”). [...] [24] In response to the motion for summary judgment, the Defendants filed three affidavits: an affidavit of their legal counsel, Duncan H. MacEachern, an initial affidavit of Sam Elgebeily and a supplemental affidavit of Sam Elgebeily. [...] [26] Paragraphs 1, 2, and 3 of the Affidavit of Mr. MacEachern are not substantive.
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4.
Elgebeily, Zaynluke v. Mezza - 2023 NSSC 399 - 2023-11-14
Supreme Court - DecisionDuncan MacEachern for Elgebeily Restaurant Ltd. and Zaynluke Restaurant Ltd.
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5.
Landry v. Chisholm - 2022 NSSC 207 - 2022-07-19
Supreme Court - DecisionDuncan MacEachern and Nicholas Burke, for the Plaintiff Ian Parker and Michelle Lahey, for the Defendant
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6.
Chisholm v. Chisholm - 2022 NSSC 271 - 2022-05-19
Supreme Court - DecisionDuncan MacEachern for Nancy (Chisholm) Donovan By the Court: Introduction
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7.
R. v. W.F. - 2023 NSSC 278 - 2021-08-17
Supreme Court - Decision[18] Duncan J (as he then was) took note of Dwernychuk in R. v. Wiles, 2009 NSSC 17, where the accused was charged with an over-80 and impaired driving causing bodily harm. [...] Justice Duncan advised counsel that in his view this objection was answered by R. v. Rilling, [1976] 2 SCR 183, by which the certificate would be admissible regardless of the lack of reasonable and probable grounds. [...] After hearing further submissions – in which, inter alia, the Crown waived its right to notice, and the parties agreed that no further evidence would be required on the Charter issue – Duncan J concluded that “[n]otwithstanding the restrictive philosophy expressed in R. v. Dwernychuk ...
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8.
R. v. Steed - 2021 NSSC 71 - 2021-03-02
Supreme Court - DecisionIn R v Fraser, 2019 NSSC 368, Justice Duncan (as he then was) sentenced Mr. Fraser for possession of crack cocaine (62.7 g) and of a loaded 9 mm semi-automatic handgun to 4 years and 9 months imprisonment:[2] [...] " per MacEachern, C.J.B.C. in R. v. Mafi (2000), 142 C.C.C. (3d) 449 (B.C. C.A.)). [...] Justice Duncan agreed that “the Crown’s recommendation for 5 to 6 years was an entirely reasonable one given the cases that have been presented to me.
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9.
3102602 Nova Scotia Limited v. Fraser - 2021 NSCA 13 - 2021-01-29
Court of Appeal - DecisionDuncan H. MacEachern, for the respondent Decision: [1] The Appellant (“the Company”) and the Respondent (“Fraser”) were engaged in litigation in the Supreme Court of Nova Scotia following the transfer of Fraser’s crab fishing license allocation to the use of the Company.
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10.
Fraser v. 3102602 NS Ltd. - 2020 NSSC 187 - 2020-06-30
Supreme Court - DecisionDuncan MacEachern, for the Plaintiff Roderick Jeffrie, Defendant By the Court: [...] Mr. Jeffrie provided no explanation for his failure to respond to Mr. MacEachern’s efforts to communicate with him. [...] He has ignored his obligation to make documentary disclosure which Mr. MacEachern has now waived.
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11.
MacVicar Estate v. MacDonald - 2019 NSCA 90 - 2019-11-20
Court of Appeal - DecisionDuncan MacEachern and Hugh McLeod, for the respondent Reasons for judgment (Saunders and Farrar, JJ.A.): [...] [256] In terms of the caselaw and what constitutes a total disability, I find that Rogers J. described the relevant inquiry in MacEachern v. Co-Operative Fire and Casualty Co, (1986), 75 N.S.R. (2d) 271, and affirmed at (1978), 79 NSR (2d) 127: [...] Mr. MacEachern appeared to concede that because Murray, J. had seen fit to reduce the damages he awarded for future loss of income by 15 percent for contingencies, there was no logical reason why the same 15 percent reduction would not also apply to the damages he awarded for pension loss, since that award was directly
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12.
Burke v. Snow - 2019 NSSC 57 - 2019-02-12
Supreme Court - DecisionThe children’s father, a single parent on social assistance, signed an engagement letter/contingency fee agreement with lawyer Duncan MacEachern. [...] Mr. Angione met with lawyer Duncan MacEachern on April 24, 2015. Mr. Angione and the children met with Mr. MacEachern on June 1, 2015. [...] 18. I have reviewed the account of Duncan H. MacEachern which verifies his legal fees to date are currently approaching $20,000.00 on a time basis.
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13.
Hussey v. Hussey Estate - 2018 NSSC 329 - 2018-12-05
Supreme Court - DecisionDuncan MacEachern, counsel for William Hussey Darren Morgan, counsel for Glenda MacKinnon [...] She first met with Mr. Duncan MacEachern. They discussed her Will including her real property. [...] [23] Duncan MacEachern is therefore a potential witness in the litigation.
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14.
R. v. Howe - 2018 NSSC 274 - 2018-11-07
Supreme Court - DecisionIn my opinion the range is not the minimum to maximum possibilities for the offence but is narrowed by the context of the offence committed and the circumstances of the offender ("... sentences imposed upon similar offenders for similar offences committed in similar circumstances ..." per MacEachern, C.J.B.C. in R. v. Mafi [...] I refer to Justice Duncan’s decision regarding “pretrial detention as a mitigating factor”, in R. v. Gibbons, 2018 NSSC 202, at paras. 66- 73, which comments on to what extent pre-trial bail restrictions should be seen as a mitigating factor.
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15.
Bidart Estate v. Portage La Prairie Mutual Insurance Company - 2018 NSCA 52 - 2018-06-15
Court of Appeal - DecisionDuncan H. MacEachern and Nicholas E. Burke, for the appellant Stephanie Myles, for the respondent
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16.
Tobin v. Beck - 2017 NSCA 42 - 2017-05-18
Court of Appeal - DecisionDuncan MacEachern for the respondent Durrell Beck Guy LaFosse, Q.C. for International Brotherhood of Electrical Workers Local 1852 (not participating)
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17.
Bidart Estate v. Portage La Prairie Mutual Insurance Company - 2017 NSSC 126 - 2017-05-15
Supreme Court - DecisionDuncan H. MacEachern and Nicholas E. Burke, for the Plaintiff Stephanie Myles and Ian Parker, for the Defendant
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18.
Ahmed v. Naseem - 2016 NSSC 366 - 2016-05-04
Supreme Court - Decision• Duncan H. MacEachern for Mohammad Ahmed • Diana M. Musgrave for Iram Naseem
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19.
Ahmed v. Naseem - 2016 NSSC 74 - 2016-03-23
Supreme Court - DecisionSubmissions: September 30, 2015 and October 30, 2015 by Duncan H. MacEachern [...] Counsel: Duncan H. MacEachern for Mohammed Ahmed Diana M. Musgrave for Iram Naseem
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20.
Fraser v. 3102602 Nova Scotia Ltd. - 2015 NSSC 207 - 2015-07-15
Supreme Court - DecisionDuncan MacEachern, for the Plaintiff Brian Awad, for the Defendant
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21.
Ahmed v. Naseem - 2015 NSSC 161 - 2015-05-07
Supreme Court - DecisionCounsel: Duncan MacEachern for Mohammed Ahmed Diana Musgrave for Iram Naseem
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22.
Jesty v. Xceed Mortgage Corporation - 2014 NSCA 107 - 2014-12-01
Court of Appeal - DecisionDuncan H. MacEachern, for the appellant Lisa M. Wight, for the respondent [...] [14] I will very briefly address the affidavit of Duncan MacEachern filed on November 26, 2014, in which the appellant asked us to consider on this appeal, in essence, a fresh evidence application.
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23.
Warner v. O'Leary - 2014 NSSC 159 - 2014-05-02
Supreme Court - DecisionDuncan MacEachern, for the Applicant Alisha Brown-Fagan, for the Respondent
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24.
R. v. Polley - 2013 NSCA 156 - 2013-12-19
Court of Appeal - DecisionThe Honourable Justice Duncan R. Beveridge Motion Heard: December 19, 2013, in Chambers [...] [34] MacEachern C.J. B.C. in R. v. Nguyen (1997), 119 C.C.C. (3d) 269, who after reviewing a number of authorities, wrote of the appropriate approach to the issue of bail pending appeal:
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25.
Nova Scotia Real Estate Commission v. Lorway MacEachern - 2013 NSSC 291 - 2013-11-08
Supreme Court - DecisionCharles Lorway, Q.C. and Duncan MacEachern, carrying on business as a partnership under the firm name and style of Lorway MacEachern [...] Charles Lorway Q.C. and Duncan MacEachern practiced law at Sydney, Nova Scotia under the firm name Lorway MacEachern. [...] 1. Charles Lorway and Duncan MacEachern carry on or have carried on a partnership under the firm name of Lorway MacEachern.