Origin Law Group’s Post

Superb insights from our public law expert Mothla Majeed and the meticulous Jori Whitfield-Topp about the key points to keep in mind for local authorities when exercising decision-making powers. Thorndon Quay lessons: do not park your consideration of reasonable alternatives! (Ha, ha)

The Court of Appeal has provided some clarification on the legal process for local government decision-making under the Local Government Act 2022, in a case about parallel car parking. An issue dear to many people's hearts. For more detail, read the below insight from my colleagues Linda Clark, Mothla Majeed and Jori Whitfield-Topp.

Ewa's Pithy Appellate Summaries This is an appeal of an interpretation of a contract. Let's be honest, it is often difficult to win an appeal on an interpretation of a contractual provision. Contractual interpretation involves issues of mixed fact and law. As such, it ordinarily attracts deference to the fact finder at first instance. However, if an appellant is able to identify an error in principle, the appellant may have an extricable question of law to which the standard of correctness applies. This is such a case that involved the interpretation of parking agreement. The question was whether a provision of the Parking Agreement was ambiguous. Despite finding that the Parking Agreement was not ambiguous, the application judge relied on contested evidence to resolve the ambiguities. This was an error in principle. https://lnkd.in/gJJYrNCp

This month, the Massachusetts Supreme Judicial Court heard oral arguments from the Attorney General’s Office and the Town of Milton regarding Milton’s noncompliance with the MBTA Communities Act. In our newest commercial real estate blog post, Joseph Duquette discusses the facts of the case, provides details about the oral arguments and highlights what towns need to know https://lnkd.in/eEMYxxgN #AffordableHousing #MultifamilyHousing #RealEstate

In an effort “[t]o further assist case management,” the Florida Supreme Court amended the Florida Rules of Civil Procedure, adopting Rule 1.202 (the “Gatekeeper Rule”). In this week’s Briefing, Teris McGovern, Esquire examines this rule and speculates what may happen when a local “meet and confer” is used as both a sword and a shield. Read the latest Briefing at https://bit.ly/3Op6G9z. #TaylorDayLaw #TheBriefing #GatekeeperRule

Court and judicial staff shortages impede the proper functioning of the courts and access to justice. Did you know: 1) Ottawa Courthouse Family Counter is no longer accepting in person issuances or filings, submitted by lawyers or paralegals. 2) As of April 4th, the Barrie Civil Filing Office is dealing with simple submissions backlog from February 15, 2024: 3) The average time between a LAT application and decision is now 854 days

Court: Delhi High Court Case Name: Chaman Lal Marwah Vs. Nazir Ul Islam and Ors. Case Number: 2022 SCC OnLine Del 2069 Issue : Whether a co-owner can unilaterally create a tenancy in the property without the consent of other co-owners? Holding: A co-owner cannot create tenancy in the property unless he seeks specific permission of other co-owners. Additionally, a co-sharer has no right to put a stranger in exclusive possession of the property. If such actions occur, the other co-sharer can object and seek dispossession. Moreover, he cannot independently select any portion of the undivided property to induct any tenant. Any tenancy created without proper consent does not bind other co-owners, who retain the right to seek legal remedies for the eviction of such tenants.

On 28 June 2024, the Court of Appeal handed down its decision in the case of CG Fry v Secretary of State for Levelling Up, Housing and Communities. Managing Associate Kate James takes a closer look at the case in more detail, including the grounds of appeal and the implications. Read the full article here: https://lnkd.in/eTQUrNx5

#Canada: The 4th progress report of the Action Committee on Modernizing Court Operations is now available.https://https://lnkd.in/dJupqm2r 4th progress report of the Action Committee on Modernizing Court Operations is now available. Co-chaired by the Chief Justice of Canada and the Minister of Justice and Attorney General of Canada, learn how the committee promotes access to justice. \(1/4\) The Action Committee on Modernizing Court Operations has released its fourth annual progress report. Read their report here: https://lnkd.in/d3B55dDS \<img class=”” src=”https://lnkd.in/dCEBsz3w; alt=”Graphic with text: Action Committee on Modernizing Court Operations releases fourth progress report. Read their report. ” width=”588″ height=”294″ /\> Source: XJustice News247

To all those who practice law in Southern Nevada, be sure to check out the April 26, 2024 Order in ADKT 0612. This newly-issued Order amends numerous provisions of the Eighth Judicial District Court Rules, in some instances changing important timeframes. For example, the local rules now require motions and stipulations to extend discovery dates to be brought at least 21 days prior to the earliest-affected deadline. The Order also adds a new section to the EDCR, Part IX, which governs Justice and Municipal Court Appeal practice. The Order, including the redline of the affected local rules, is available below: https://lnkd.in/gPpN4ccq #Nevadalaw #SouthernNevada #LBCLawGroup #Nevadabusiness Eighth Judicial District Court of Nevada #EJDC #localrulesofpractice #ClarkCounty #LasVegasNV Nevada Supreme Court Mary Ann Price